[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29581-29584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11206]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-18, 50-73 and 50-183; NRC-2015-0169]


GE Hitachi Nuclear Energy; Vallecitos Nuclear Center, Partial 
Site Release

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
environmental assessment and finding of no significant impact regarding 
a partial site release for license Nos. DPR-1 (Vallecitos Boiling Water 
Reactor), R-33 (GE-Hitachi Nuclear Test Reactor), and DR-10 (Empire 
State Atomic Development Agency Vallecitos Experimental Superheat 
Reactor), issued to GE Hitachi Nuclear Energy at the Vallecitos Nuclear 
Center in Sunol, California.

DATES: The environmental assessment and finding of no significant 
impact set forth in this document is available on May 12, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0169 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0169. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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: Jack Parrott, Division of 
Decommissioning, Uranium Recovery, and Waste Programs, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-00001; telephone: 301-415-6634; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC received, by letter dated April 24, 2015 (ADAMS Accession 
No. ML15114A437), a request from GE Hitachi Nuclear Energy (GEH or 
licensee) to approve a partial site release of a portion of its 
Vallecitos Nuclear Center (VNC) site located at 6705 Vallecitos Road, 
Sunol, California. The April 24, 2015 letter transmitted a report, 
entitled ``Release of North Section of Vallecitos, California Site,'' 
prepared by GEH evaluating the proposed release (ADAMS Accession No. 
ML15114A438). The VNC site contains four reactor units. Two of the four 
units are licensed as power reactors under part 50, ``Domestic 
Licensing of Production and Utilization Facilities,''

[[Page 29582]]

of title 10 of the Code of Federal Regulations (10 CFR part 50). These 
two units are the Vallecitos Boiling Water Reactor (VBWR), NRC License 
DPR-1, Docket 50-18, and the Empire State Atomic Development Agency 
Vallecitos Experimental Superheat Reactor (EVESR), NRC License DR-10, 
Docket 50-183. In accordance with 10 CFR 50.4(b)(8)-(9), the licensee 
has certified, pursuant to 10 CFR 50.82(a)(1), that both units have 
permanently ceased operation and that all nuclear fuel has been removed 
from the respective reactor vessels of both units. These units are 
presently in ``SAFSTOR'' \1\ status awaiting the termination of the 
power reactor licenses.
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    \1\ SAFSTOR is the decommissioning method in which a nuclear 
facility is placed and maintained in a condition that allows the 
safe storage of radioactive components of the nuclear plant and 
subsequent decontamination to levels that permit license 
termination.
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    The third reactor unit is a shutdown testing facility (also called 
a test reactor), the General Electric Test Reactor (GETR), NRC License 
TR-1, Docket 50-70. The GETR has also been defueled and is in a SAFSTOR 
status. The fourth reactor unit is a currently operating research 
reactor, the Nuclear Test Reactor (NTR), NRC License R-33, Docket 50-
73. The NRC is considering a license amendment application for the NTR 
that would modify the site description to remove the portion of the 
site requested by the licensee for release (see the connected action 
section of this notice).
    Research reactors and testing facilities are non-power reactors 
that are used for research and development, non-power commercial 
activities, medical therapy, education and training. Non-power reactors 
differ from power reactors in a number of significant ways. The purpose 
of a power reactor is to generate steam, which can be used to generate 
electricity; the purpose of a non-power reactor is to generate 
radiation for purposes of experimentation, research and development, 
commercial activities, medical therapy, education, and training. 
Therefore, non-power reactors operate at significantly lower power than 
power reactors and at lower temperatures and pressure. For these 
reasons, non-power reactors have smaller safety and environmental 
footprints than power reactors.
    In accordance with 10 CFR 50.83, ``Release of part of a power 
reactor facility or site for unrestricted use,'' the licensee requested 
release from the NRC licenses, for unrestricted use, an approximately 
247-hectare (610-acre) parcel in the northern section of the 
approximately 647-hectare (1,600 acre) VNC site. The licensee is 
declaring the parcel as a ``non-impacted area,'' which is defined in 10 
CFR 50.2 to mean an area ``with no reasonable potential for residual 
radioactivity in excess of natural background or fallout levels.'' If 
approved, the 247-hectare (610-acre) parcel will no longer be 
considered part of the licensed site and thus, no longer under NRC 
jurisdiction. Once released, the 247-hectare (610-acre) parcel will be 
available for unrestricted use. In this regard, GEH has indicated that 
it intends to sell the 247-hectare (610-acre) parcel to a non-GEH 
controlled entity.
    The NRC is considering approval of the requested partial site 
release for the VBWR and EVESR licenses at the VNC site. Therefore, in 
compliance with the National Environmental Policy Act, as amended, 42 
U.S.C. 4321 et seq. (NEPA), and its NEPA implementing regulations in 10 
CFR part 51, the NRC has prepared this Environmental Assessment (EA). 
The NRC is preparing this EA because the site was licensed prior to the 
enactment of NEPA, and as such, a Final Environmental Statement (FES) 
or an Environmental Impact Statement (EIS) were never prepared by the 
NRC's predecessor agency, the Atomic Energy Commission (AEC), when the 
site was first licensed. In accordance with 10 CFR 50.83(b)(5), if a 
FES or EIS had been previously prepared, and if the licensee had 
demonstrated that the environmental impacts associated with the 
proposed partial site release were bounded by the FES or EIS, then the 
preparation of an EA would not be necessary. As the EA preparation here 
is due simply to the absence of a FES or an EIS, the preparation of 
this EA should not be taken as precedent-setting for future NRC 
approvals of 10 CFR 50.83 partial site releases of non-impacted land 
where the NRC or the AEC had previously prepared a FES or an EIS and 
the licensee has demonstrated that any environmental impacts associated 
with the partial site release are bounded by that FES or EIS. Based on 
the results of the EA that follows, the NRC has determined not to 
prepare an EIS for the partial site release, and is issuing a finding 
of no significant impact.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would approve the release of a 247-hectare 
(610-acre), non-impacted parcel, located in the northern section of the 
approximately 647-hectare (1,600) acre VNC site, for unrestricted use. 
Once released, the 247-hectare (610-acre) parcel would no longer be 
part of the licensed site and thus, no longer under NRC 
jurisdiction.\2\ Under the applicable NRC regulation, 10 CFR 50.83(b), 
a licensee may submit a written request for the release of non-impacted 
land if a license amendment is not otherwise required. Pursuant to 10 
CFR 50.83(c), the NRC can approve such a partial release of non-
impacted land for unrestricted use in writing.
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    \2\ The NRC's organic statutory authority is the Atomic Energy 
Act of 1954, as amended, 42 U.S.C. 2011 et seq. (AEA). Under the 
AEA, the NRC's jurisdiction is limited to matters of radiological 
health and safety, for both members of the public and occupational 
workers, and of physical security for NRC licensed facilities and 
radioactive materials possessed by NRC licensees. The NRC holds no 
property interest in licensee owned or controlled lands nor does the 
NRC have any land or natural resources management authority.
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Need for the Proposed Action

    The licensee has requested the release of the 247-hectare (610-
acre), non-impacted parcel as the licensee has no current or projected 
operational need for this parcel at the licensed site. In fact, the 
licensee has never used the 247-hectare (610-acre) parcel for licensed 
operations. The licensee intends to sell the parcel to a non-GEH 
controlled entity. Once the NRC has approved the release, the 247-
hectare (610-acre) parcel can be made available for another use.

VNC Site

    VNC is located near the center of the Pleasanton quadrangle of 
Alameda County, California. The site is east of San Francisco Bay, 
approximately 56 air kilometers (35 air miles) east-southeast of San 
Francisco and 32 air kilometers (20 air miles) north of San Jose. The 
properties surrounding the site are primarily used for agriculture and 
cattle raising, with some residences, which are mostly to the west of 
the property. The nearest sizeable towns are Pleasanton located 6.6 
kilometers (4.1 miles) to the north-northwest and Livermore located 10 
kilometers (6.2 miles) to the northeast.
    The site is on the north side of Vallecitos Road (State Route 84), 
which is a two and four-lane paved highway. A Union Pacific railroad 
line lies about three kilometers (two miles) west of the site. There is 
light industrial activity within a 16-kilometer (10-mile) radius of the 
plant. San Jose (32 kilometers (20 miles) south), Oakland (48 
kilometers (30 miles) northwest) and San Francisco (56 kilometers (35 
miles) northwest) are major industrial centers. The property boundary, 
which has not changed since the original property purchase in 1956, is 
fenced and posted ``No Trespassing.'' A security gate at the entrance 
provides access control to the active area of the

[[Page 29583]]

site. The GEH evaluation report provides additional information about 
the site (ADAMS Accession No. ML15114A438).

Safety Evaluation of the Proposed Action

    The NRC staff evaluated the safety impacts of the proposed action 
and concludes that the requirements of 10 CFR 50.83, 10 CFR 50.59, and 
other applicable NRC regulations have been met (see ADAMS Accession No. 
ML16007A348).

Environmental Impacts of the Proposed Action

    The NRC staff evaluated the environmental impacts of the proposed 
action and concludes that the release of the 247-hectare (610-acre) 
parcel will not have any adverse environmental impacts. The 247-hectare 
(610-acre) parcel is located in the northern portion of the site. The 
parcel consists of undeveloped land and is currently used for cattle 
grazing. The land has not been used for the processing or storage of 
radioactive material. The properties surrounding the site are primarily 
used for agriculture and cattle raising, with some scattered residences 
mostly to the west of the property. The power reactors at the site have 
permanently ceased operations and are being maintained in a possession-
only SAFSTOR status. The release of the 247-hectare (610-acre) parcel 
will not impact the shutdown reactors. The licensee notes that the 247-
hectare (610-acre) parcel has never been used for licensed activity. 
The 247-hectare (610-acre) parcel is topographically uphill from the 
shutdown reactors so any surface or subsurface transport of liquid 
effluents from the active area of the site could not have impacted the 
parcel.
    There is no evidence of any radiological impact on the 247-hectare 
(610-acre) parcel. Samples taken in the area do not indicate impact 
from licensed activities. The licensee measured direct dose in and 
around the 247-hectare (610-acre) parcel and found that all 
measurements were consistent with a background direct dose measurement 
of approximately 0.7 mSieverts/yr (70 mRem/yr) (GEH Annual Report for 
2014, ADAMS Accession No. ML15069A472). The NRC verified that the area 
to be released was not radiologically impacted by licensed site 
activities, as described in NRC inspection report 050-00018/15-001 
(ADAMS Accession No. ML15303A361) dated October 30, 2015.
    The NRC staff reviewed the request and concluded that the 
environmental impacts associated with this request remain bounded by 
the environmental impacts evaluated in the previously issued ``Final 
Generic Environmental Impact Statement on Decommissioning of Nuclear 
Facilities,'' NUREG-0586, Supplement 1, Volume 1 (http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0586/s1/v1/index.html). 
NUREG-0586 evaluated the environmental impacts of the decommissioning 
of entire power reactor sites and facilities that have been impacted by 
operations. The release of a part of a power reactor site that has been 
demonstrated to not have been impacted by operations is within the 
scope of the evaluation performed in NUREG-0586. The NRC staff 
concludes that the proposed release of the 247-hectare (610-acre) 
parcel is bounded by NUREG-0586.
    The NRC has determined that the proposed release of the 247-hectare 
(610-acre) parcel is wholly procedural and administrative in nature, 
that the parcel is radiologically non-impacted, and that the licensee 
has no safety, physical security, or emergency preparedness need to 
retain the parcel. The environmental impacts associated with the 
shutdown power reactors will not change as a result of the proposed 
release of the 247-hectare (610-acre) parcel. The proposed release will 
not result in public or environmental exposure to radioactive 
contamination. There are no known records of any spills, leaks, or 
uncontrolled release of radioactive material on the 247-hectare (610-
acre parcel). The 247-hectare (610-acre) parcel was not used for any 
activities that could have contaminated the property. Therefore, there 
are no significant radiological environmental impacts associated with 
the proposed action.
    With regard to potential non-radiological impacts, the proposed 
release of the 247-hectare (610-acre) parcel from NRC jurisdiction does 
not involve or authorize any construction activities, renovation of 
buildings or structures, ground disturbing activities or other 
alteration to land. The proposed release of the 247-hectare (610-acre) 
parcel will not result in any change to current licensed activities on 
that portion of the site that will remain under NRC jurisdiction and 
therefore, will not result in any changes to the workforce or vehicular 
traffic. Furthermore, as the NRC has determined that the proposed 
release of the 247-hectare (610-acre) parcel is an administrative 
action, it is not a type of activity that has the potential to cause 
effects on historic properties or cultural resources, including 
traditional cultural properties. Similarly, the NRC staff has 
determined that the proposed release of the 247-hectare (610-acre) 
parcel will have no effect on listed species or critical habitat. In 
addition the proposed release of the 247-hectare (610-acre) parcel will 
not result in any change to non-radiological plant effluents and thus, 
will have no impact on either air or water quality. Therefore, there 
are no significant non-radiological environmental impacts associated 
with the proposed release of the 247-hectare (610-acre) parcel.
    Accordingly, the NRC staff concludes that there are no significant 
environmental impacts associated with the proposed action.

Connected Action

    In accordance with 10 CFR 50.90, GEH has also requested the 
amendment of its operating research reactor license for the NTR, NRC 
License R-33, Docket 50-73 to reflect the release of the 247-hectare 
(610-acre) parcel. Specifically, GEH has requested an amendment to the 
license's site description section. GEH submitted that license 
amendment request on February 16, 2015 (ADAMS Accession No. 
ML15048A008; attachments to the February 16, 2015 request are at ADAMS 
Accession Nos. ML15048A007, ML15048A009, ML15048A010, ML15048A011). The 
NRC approval or disapproval of the proposed NTR license amendment 
request will be handled administratively as a separate licensing 
matter. However, the NRC considers that this EA encompasses and 
otherwise bounds the environmental impacts of the proposed NTR license 
amendment request. As discussed in Section I, ``Introduction,'' of this 
notice, a non-power reactor has a much smaller safety and environmental 
footprint than a power reactor. In this regard, the NTR operates at a 
power level of 100 kilowatts-thermal. In contrast, the VBWR, the 
largest of the decommissioned power reactors at the site, operated at a 
much higher power level, 50 megawatts-thermal. As a further, 
comparison, a typical commercial nuclear power reactor is rated at 3000 
megawatts-thermal, and provides enough electricity to power 200,000 
households in the peak summer months. Because of this large difference 
in thermal power generated, the consequence of an accident at a non-
power reactor is much lower when compared to a commercial power 
reactor. For this reason, the NTR research reactors' emergency planning 
zones (EPZ) to protect the public from potential radiological accidents 
is well within the owner-controlled areas--and is the boundary of the 
room in which the reactor is housed. In accordance

[[Page 29584]]

with the guidance of ANSI/ANS 15.16-1982, ``Emergency Planning for 
Research Reactors'', the operations boundary is defined as the EPZ 
boundary for each reactor facility. For the NTR, the operations 
boundary is defined by the portions of Building 105 occupied by NTR 
facilities. The NRC staff has concluded that the environmental impacts 
of reducing the licensed site would be similarly bounded and that there 
would be no environmental impact associated with the continued 
operation of the NTR in relation to the proposed release of the 247-
hectare (610-acre) parcel.
    The shutdown, defueled testing facility, the GETR, NRC License TR-
1, Docket 50-70 is not the subject of any license amendment request. 
The GETR is in SAFSTOR status. The GETR license does not contain a site 
description and as such, there is no need to amend the GETR license to 
reflect the release of the 247-hectare (610-acre) parcel. In any event, 
the NRC staff considers this EA to encompass and bound any 
environmental impacts resulting from the proposed release of the 247-
hectare (610-acre) parcel in relation to the ongoing shutdown, SAFSTOR 
status of the GETR.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed release of the 247-hectare (610-acre) parcel 
(i.e., the ``no-action'' alternative). Denial of the request would 
result in the 247-hectare (610-acre) parcel remaining part of the 
licensed site and subject to NRC jurisdiction. As the licensee has no 
need for the parcel, its current use as a site for cattle grazing would 
most likely continue. As there is no policy or regulatory reason for 
the NRC to require a licensee to retain land that is not radiologically 
impacted and for which the licensee has no further operational need, 
the no-action alternative is not further considered.

Conclusion

    The NRC staff has concluded that the proposed action will not 
significantly impact the quality of the human environment, and that the 
proposed action is the preferred alternative.

Agencies and Persons Consulted

    The NRC contacted the California Department of Public Health 
concerning this request. There were no comments, concerns or objections 
from the State official.
    A public meeting to obtain comments on the release approval request 
was announced on the NRC public meeting Web site on July 7, 2015 (ADAMS 
Accession No. ML15188A344). A notice of GEH's request to release the 
247-hectare (610-acre) parcel and the public meeting, including a 
request for comment, was also published in the Tri-Valley Herald, 
Livermore, CA on July 15, 2015 (ADAMS Accession No. ML15292A519). The 
NRC staff published a notice of the receipt of GEH's request, including 
a request for comment, in the Federal Register on July 20, 2015 (80 FR 
42846). The NRC staff conducted the public meeting in Pleasanton, CA on 
July 22, 2015. A summary of the public meeting, which includes copies 
of the presentations made and a copy of the transcript of the meeting, 
is available in ADAMS at Accession No. ML15260A199. No comments were 
made on the Federal Rulemaking Web site, or were received by mail or 
email, and all questions asked at the meeting were answered in the 
meeting.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA as part of its review of the 
proposed action. On the basis of this EA, the NRC finds that there are 
no significant environmental impacts from the proposed action, and that 
preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC has determined that a finding of no significant 
impact (FONSI) is appropriate. In accordance with 10 CFR 51.32(a)(4), 
this FONSI incorporates the EA set forth in this notice by reference.

    Dated at Rockville, Maryland, this 4th day of May 2016.

    For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery, and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-11206 Filed 5-11-16; 8:45 am]
 BILLING CODE 7590-01-P