BRATTLEBORO – The Nuclear Regulatory Commission won’t change its controversial practice of exempting shut-down plants like Vermont Yankee from federal regulations governing emergency operations, trust fund spending and other issues.
That’s the word from NRC Chairman Stephen Burns in a new letter sent to federal lawmakers from Vermont and Massachusetts.
The lawmakers had written last month to Burns with several requests, including that the NRC stop issuing regulatory exemptions for the next several years until clearer federal rules are drafted for decommissioning nuclear plants.
Burns said the agency carefully considers each exemption request in order to protect public health and safety. And he said NRC officials “continue to believe that appropriate use of exemptions is an essential part of our regulatory program.”
Since Vermont Yankee’s shutdown in December 2014, there have been complaints that the federal government’s regulations governing decommissioning plants are vague at best.
Instead of following a clear set of rules, plant operators like Vermont Yankee owner Entergy navigate the decommissioning process by requesting a series of regulatory exemptions and license amendments. Participating in that process can be daunting for state and local governments, as evidenced by recent controversies over emergency changes and trust fund spending at Vermont Yankee.
So NRC officials last year announced they are undertaking a new rule-making process for decommissioning plants, with final regulations anticipated by 2019. But even that spurred controversy, as some people said there was not enough opportunity for public comment early in the process.
In a letter last month to Burns, six federal lawmakers made three requests. They asked for an extension of the initial public comment period; the addition of more public meetings; and a suspension of regulatory exemptions until new rules are in place. The letter was signed by Sens. Bernie Sanders, I-Vt., Patrick Leahy, D-Vt., Edward Markey, D-Mass., and Elizabeth Warren, D-Mass., along with Reps. Peter Welch, D-Vt., and William Keating, D-Mass.
The NRC already has extended the public comment period until March 18.
But Burns, in a reply Dec. 29, said there are no plans for an additional public meeting. He said a Dec. 9 meeting at NRC headquarters allowed participation via webinar or teleconference and attracted about 105 participants.
“As the NRC continues the rule-making process over the next few years, the agency will consider conducting regional public meetings,” Burns wrote.
And Burns said the NRC has no intention of stopping the exemption practice. He wrote that such exemptions are necessary “to reflect the reduced risks of permanently shutdown and defueled reactors as compared to operating reactors.”
No nuclear plant operator can be excused from NRC rules without submitting a detailed technical application subject to a rigorous review by the agency, Burns wrote.
“In order to grant such requests, the NRC must find, among other requirements, that the action requested will not present an undue risk to, or will not endanger, the public health and safety, and is consistent with the common defense and security,” Burns wrote.
“Similarly,” he added, “when considering a request to use decommissioning trust funds for purposes other than radiological decommissioning … the NRC must determine that sufficient funds are (or will be) available for the radiological decommissioning activities required by NRC regulations.”
