[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76328-76331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29940]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7018; NRC-2008-0369]


Application for Renewal of Special Nuclear Material License SNM-
2014 From Tennessee Valley Authority for Watts Bar Nuclear Plant, Unit 
2, Spring City, Tennessee

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact, 
notice of availability.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
the renewal of Special Nuclear Material (SNM) License SNM-2014, issued 
in June 2011 and held by Tennessee Valley Authority (TVA), to authorize 
the continued receipt, possession, inspection, and storage of Special 
Nuclear Material SNM in the form of fresh fuel assemblies at TVA's 
Watts Bar site in Spring City, TN.

ADDRESSES: Please refer to Docket ID NRC-2008-0369 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0369. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.

[[Page 76329]]

     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Mary T. Adams, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-287-9146; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction and Background

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
renewal of Special Nuclear Material (SNM) License SNM-2014, issued in 
June 2011 and held by Tennessee Valley Authority (TVA), to authorize 
the continued receipt, possession, inspection, and storage of SNM in 
the form of fresh fuel assemblies at TVA's Watts Bar site in Spring 
City, TN. Fresh fuel assemblies are fuel assemblies that have not yet 
been placed in the reactor vessel. This license is and would continue 
to be subject to the requirements in part 70 of Title 10 of the Code of 
Federal Regulations (10 CFR), Domestic Licensing of SNM. TVA plans to 
use this SNM in operating its proposed Watts Bar Nuclear Plant, Unit 2 
(WBN2). TVA's request for authorization to operate WBN2 is the subject 
of a separate licensing action being evaluated by the NRC in accordance 
with 10 CFR part 50, Domestic Licensing of Production and Utilization 
Facilities. TVA's existing reactor at the Watts Bar site (WBN1) has 
operated since 1996 under NRC license NPF-90.
    In accordance with 10 CFR part 51, Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions, 
which implements Section 102(2) of the National Environmental Policy 
Act (NEPA) of 1969, as amended, 42 U.S.C. 4321, et seq., the NRC has 
prepared an environmental assessment (EA) in support of renewal of SNM-
2014. Based on the EA's analysis, the NRC concludes that a Finding of 
No Significant Impact (FONSI) is appropriate regarding renewal of the 
SNM-2014 license.
    NRC has also prepared a Supplemental Final Environmental Statement 
for issuance of the Operating License for WBN2, titled NUREG-0498, 
Supplement 2, ``Final Environmental Statement Related to the Operation 
of WBN2'' (Final Report), May 2013 (NUREG-0498). Notice of issuance of 
this Supplemental Final Environmental Statement was published in the 
Federal Register on June 14, 2013 (78 FR 35989). The NRC has not yet 
issued the Operating License for WBN2.
    NEPA requires a Federal agency to prepare an environmental impact 
statement (EIS) for any major federal action having the potential to 
significantly affect the quality of the human environment. Consistent 
with their responsibilities as Federal agencies under NEPA, both TVA 
and the NRC previously prepared EISs regarding the operation of Units 1 
and 2 at the Watts Bar Nuclear site. Some of the relevant history in 
this regard is briefly summarized below.
    In 1978, the NRC published NUREG-0498, Final Environmental 
Statement Related to the Operation of WBN1 and 2 (FES-OL). After safety 
issues were raised, TVA decided not to pursue its WBN reactor licenses 
for several years. When TVA did decide to pursue its WBN reactor 
licenses, the NRC prepared Supplement 1 to NUREG-0498 in April 1995 
(ML081430592), regarding Unit 1, to evaluate changes in environmental 
impacts that occurred as a result of changes made in the WBN Plant 
design and methods of operations after the 1978, FES-OL.
    The TVA Final Supplemental EIS for Unit 2 was issued in June 2007. 
The related Record of Decision by the TVA Board of Directors was 
published in the Federal Register on August 15, 2007 (72 FR 45859), and 
TVA submitted its 2007, Final Supplemental EIS to the NRC on February 
15, 2008 (ML080510469).
    On March 4, 2009, pursuant to 10 CFR part 50, TVA submitted an 
updated application to the NRC for a power reactor operating license 
for WBN2 (ML090700378). The TVA Final Safety Analysis Report (FSAR) 
supporting the WBN2 operating license request was submitted to the NRC 
on April 30, 2009 (ML091400067). In May 2013, NRC published NUREG-0498, 
Supplement 2, ``Final Environmental Statement Related to the Operation 
of WBN2'' (Final Report); however, the NRC has not yet issued the 
Operating License for Unit 2.
    The Construction Permit held by TVA for construction of WBN2, 
Docket 50-391, CPPR-92, does not authorize the receipt or possession of 
fresh fuel assemblies. On November 12, 2009, TVA requested a license 
pursuant to 10 CFR part 70, to receive, inspect, possess, and store 
fresh fuel for WBN2 (ML100120487). On June 13, 2011, (76 FR 34273) the 
NRC published an EA and FONSI for SNM License Application from TVA for 
WBN2, Spring City, Tennessee. On June 14, 2011, the NRC issued SNM-2014 
to authorize TVA to receive, possess, inspect, and store fresh fuel 
assemblies at WBN2. SNM-2014 was issued for 2 years, expiring on June 
30, 2013. On August 23, 2012, TVA requested renewal of SNM-2014. In 
accordance with 10 CFR 70.38(a), because this application for renewal 
was filed not less than 30 days before the expiration date of SNM-2014; 
the existing license continues in effect until the Commission makes a 
final decision on the renewal application.
    The scope of the EA summarized below is limited to assessing the 
potential impacts of the continued receipt, possession, inspection, and 
storage of fresh reactor fuel at the WBN2 that would be used to operate 
WBN2 if such operating authorization is later granted. This EA's scope 
does not include completion of construction, or operation, of WBN2.

II. Summary of the Environmental Assessment

    Pursuant to 10 CFR part 70, Domestic Licensing of Special Nuclear 
Material, TVA requested renewal of SNM-2014 by application dated August 
23, 2012 (ML12278A337 and ML12264A545). The license renewal would 
authorize TVA to continue to receive, possess, inspect, and store SNM 
in the form of 193 fully-assembled fresh fuel assemblies for potential 
future use in its proposed WBN2 reactor.

Description of the Proposed Action

    The proposed action is to renew TVA's SNM-2014 license which would 
reauthorize TVA to receive, possess, inspect, and store SNM in the form 
of fully-assembled fuel assemblies that would later form the initial 
reactor core of WBN2. The SNM in the fuel assemblies is enriched up to 
5% in the isotope U-235. The fresh fuel assemblies for WBN2 would 
continue to be stored in areas common to WBN1 and WBN2. Specifically, 
these assemblies would continue to be stored with the WBN1 fuel in the 
existing

[[Page 76330]]

auxiliary building containing storage racks within a storage vault, and 
a WBN1 spent fuel pool. TVA did not propose new storage areas or new 
management practices for fuel storage in the license renewal 
application.
    TVA requested that the renewed SNM-2014 license be extended to 
September 30, 2016. The additional time requested will allow TVA to 
complete the engineering, construction, and testing necessary to obtain 
an operating license for WBN2. TVA is currently in possession of the 
fuel authorized by the SNM-2014 license. The fuel is stored and 
maintained in accordance with the existing SNM-2014 license. By letter 
dated May 17, 2012, TVA requested an extension of the WBN2 Construction 
Permit (CPPR-92) until September 30, 2016 (ML12143A346). The requested 
SNM-2014 extension date was chosen to match that requested for the 
construction permit extension. The safety and environmental reviews for 
the proposed WBN2 OL are not part of the proposed action evaluated in 
this EA. The environmental impacts of the proposed WBN2 OL are 
evaluated in NUREG-0498 Supplement 2, which also evaluates the impacts 
of fresh fuel receipt, possession, inspection, and storage during WBN2 
operations.

Need for the Proposed Action

    As authorized by SNM-2014, TVA received the initial core for WBN2. 
The NRC has not yet issued the OL for the Unit 2 reactor. The 
construction permit held by TVA for WBN2, CPPR-92, does not authorize 
the receipt or possession of reactor fuel. TVA needs this renewed SNM 
license to authorize WBN2 to continue to receive, possess, inspect, and 
store the fresh fuel while the NRC continues its review of the Unit 2 
OL application. If an OL is issued, the OL would authorize use of the 
fresh fuel as well as the receipt, possession, storage, and use of 
additional fresh fuel that would be needed for operating Unit 2. If the 
OL is issued, a separate part 70 license would no longer be required 
and SNM-2014 would be terminated.

Alternative to the Proposed Action

    An alternative to the proposed action is for the NRC not to renew 
the SNM license. Pursuant to 10 CFR 70.38(a), if the NRC does not renew 
the license, SNM-2014 would expire at the end of the day on which the 
Commission makes a final determination to deny the renewal application, 
or, if the determination states an expiration date, the expiration date 
stated in the determination. In that case, TVA would be required to 
take one of the alternatives to the proposed action described in the 
EA.

Environmental Impacts of the Proposed Action

    The November 12, 2009, SNM license application described the 
affected environment; this license application is included in the SNM-
2014 renewal application by reference. The proposed action is limited 
to the continued receipt, possession, inspection, and storage of SNM in 
the form of fuel assemblies. The NRC determined that the proposed 
action would have no significant impact on any of resource areas 
discussed in the EA, therefore the renewal of the license to continue 
to receive, possess, inspect, and store SNM in the form of fresh fuel 
assemblies at the Watts Bar site is thus not expected to have any 
significant impact on the environment. A summary of the analysis 
supporting these conclusions is discussed below.
    Part 20, Standards for Protection Against Radiation, establishes 
standards for the protection of workers and members of the public 
against ionizing radiation resulting from activities conducted under 
licenses issued by the NRC. Sections 20.1201-20.1208 contain 
occupational dose limits, and 10 CFR 20.1301 contains dose limits for 
members of the public. The effluent limits in 10 CFR part 20, appendix 
B, ensure that the effluent discharges are kept within the dose limits. 
In addition to meeting the dose limits, an NRC licensee is required 
under 10 CFR 20.1101(b) to have a program with the goal of achieving 
doses that are as low as is reasonably achievable (ALARA). The worker 
protection and environmental protection programs that are currently 
used for the receipt and storage of WBN1 fuel would also continue to be 
used for the receipt and storage of WBN2 fuel, and will ensure that 
there would be no significant exposure to workers and members of the 
public under the proposed action. Thus, the proposed renewal of SNM-
2014 will not result in any change to radioactive effluents that affect 
radiation exposures to plant workers and members of the public.
    The proposed renewal of SNM-2014 does not result in changes to land 
use, water use, or result in changes to the quality or quantity of non-
radiological effluents. No changes to the National Pollution Discharge 
Elimination System permit are needed. No effects on the aquatic or 
terrestrial habitat in the vicinity of the plant, or to threatened, 
endangered, or protected species under the Endangered Species Act, or 
impacts to essential fish habitat covered by the Magnuson-Stevens 
Fishery Conservation and Management Act are expected from the continued 
receipt and storage of fresh fuel at WBN2. There are no impacts to the 
air or ambient air quality. There are no impacts to historical and 
cultural resources. There would be no impact to socioeconomic 
resources. Because all of the fresh fuel assemblies authorized by SNM-
2014 have already been transported to WBN2, the renewal of SNM-2014 
will have no transportation impacts. The fresh fuel assemblies will 
continue to be stored in the vault and pool, and there is no change to 
the existing conditions.
    If WBN2 is licensed to operate, TVA would be required to comply 
with all NRC, State, and Federal requirements for the transport of un-
irradiated fuel, as it currently does for fuel deliveries to WBN1. The 
environmental impacts of the transport and delivery of fuel for two 
reactors, if WBN2 is licensed to operate, are addressed in NUREG-0498. 
Based on the above, the NRC finds that the impacts of WBN2 fresh fuel 
transport and delivery on human health and the environment would be 
minimal.

Environmental Impacts of the No-Action Alternative

    An alternative to the proposed action is for the NRC not to renew 
SNM-2014. In that case, SNM-2014 would expire on the date on which the 
Commission makes a final determination to deny the renewal application, 
or, if the determination states an expiration date, the expiration date 
stated in the determination. In that case TVA would be unable to 
continue to receive, possess, inspect, and store the fresh fuel and 
would be required to take some other actions regarding the material 
present on the site. TVA has received 193 fuel assemblies from 
Westinghouse for use in the first operating cycle of WBN2. These fuel 
assemblies are stored in both the Spent Fuel Pool and the New Fuel 
Storage Area. By letter dated July 1, 2013, (ML13189A033) TVA 
identified three potential alternatives that could be used if SNM-2014 
is not renewed. These no-action alternatives and their impacts are 
discussed in the EA. The NRC has determined that none of the three 
alternatives is preferable to the proposed action.

List of Agencies and Persons Consulted and Identification of Sources 
Used

    The NRC staff consulted with the Tennessee Division of Radiological 
Health regarding this EA. By email dated September 9, 2013, 
(ML13253A053), the state official concurred with the EA and finding of 
no significant impact.

[[Page 76331]]

    Because the fuel is already on site and the requested license 
renewal would only continue to authorize the receipt, possession, 
inspection, and storage of the fuel, the NRC staff has determined that 
the proposed action will not affect listed species or critical habitat. 
Therefore, no further consultation is required under Section 7 of the 
Endangered Species Act. Likewise, the NRC staff has determined that the 
proposed action is not the type of activity that has potential to cause 
effects on historic properties. Therefore, no further consultation is 
required under Section 106 of the National Historic Preservation Act.

III. Finding of No Significant Impact

    The NRC reviewed the documents submitted by TVA in support of its 
application for renewal of SNM-2014 for the WBN2 facility, including 
those incorporated by reference from its part 50 operating license 
application for the WBN2 facility. The NRC also performed independent 
assessments, as discussed in the EA, and found no significant 
environmental impacts from the proposed continued fresh fuel receipt, 
possession, inspection and storage. On the basis of this EA, the NRC 
concludes that the proposed action will not have a significant effect 
on the quality of the human environment. Accordingly, the NRC has 
determined not to prepare an EIS for the proposed action.

References

1. WBN2 2, Request for Renewal for Special Nuclear Material License 
No. SNM-2014 (Docket No. 70-7018), August 23, 2012, ML12278A337.
2. WBN2--Response to Request for Additional Information Regarding 10 
CFR Part 70 Special Nuclear Material License Renewal (TAC L33242), 
July 1, 2013, ML13189A033.
3. Letter to A. Bhatnagar, Issuance of Special Nuclear Materials 
License No. SNM-2014 for WBN2 (TAC L32918), June 15, 2011, 
ML110830141.
4. Enclosure 1: Form 374--Part 70 License for WBN2; June 14, 2011, 
ML110830115.
5. Enclosure 2: Safety Evaluation Report for the Special Nuclear 
Material License Application, WBN2, June 14, 2011, ML110830114.
6. Federal Register Notice Regarding Availability of Environmental 
Assessment and Finding of No Significant Impact for Issuance of Part 
70 License for WBN2, June 7, 2011, ML103430330.
7. Federal Register Notice, Environmental Assessment and Finding of 
No Significant Impact for Special Nuclear Material License 
Application From Tennessee Valley Authority for WBN2, Spring City, 
TN, 76 FR 34273, June 13, 2011.
8. WBN2--Request for Extension of Construction Permit CPPR-92, May 
17, 2012, ML12143A346.
9. NUREG-0498 Supplement 2, Final Environmental Statement Related to 
the Operation of WBN2, May 2013, ML13144A202.
10. NUREG-0847 Supplement 26 Safety Evaluation Report Related to the 
Operation of WBN2, June 30, 2013, ML13205A136.
11. Email from D. Shults, Director, Division of Radiological Health, 
to M. Adams, September 9, 2013, ML13253A053.

    These documents may also be viewed electronically on the public 
computers located at the NRC's Public Document Room (PDR), O 1 F21, One 
White Flint North, 11555 Rockville Pike Rockville, MD 20852. The PDR 
reproduction contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 5th day of December, 2013.
    For the Nuclear Regulatory Commission.
Robert K. Johnson,
Chief, Fuel Manufacturing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2013-29940 Filed 12-16-13; 8:45 am]
BILLING CODE 7590-01-P