[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56060-56062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25561]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-285; NRC-2017-0223]


Omaha Public Power District; Fort Calhoun Station, Unit No. 1

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 considering 
issuance of exemptions in response to a request from Omaha Public Power 
District (OPPD or the licensee) that would permit the licensee to 
reduce its emergency planning (EP) activities at the Fort Calhoun 
Station, Unit No. 1 (Fort Calhoun). The licensee is seeking exemptions 
that would eliminate the requirements for the licensee to maintain 
formal offsite radiological emergency plans, and reduce some of the 
onsite EP activities, based on the reduced risks at Fort Calhoun, which 
is permanently shutdown and defueled. However, requirements for certain 
onsite capabilities to communicate and coordinate with offsite response 
authorities, in the event of an emergency at Fort Calhoun, would be 
retained. The NRC staff is issuing an environmental assessment (EA) and 
finding of no significant impact (FONSI) associated with the proposed 
exemptions.

DATES: The EA and FONSI referenced in this document are available on 
November 27, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0223 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-2017-0223. 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]. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document.
     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: James Kim, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-4125; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Fort Calhoun is a permanently shutdown and defueled nuclear power 
plant, located in Washington County, Nebraska, which is in the process 
of decommissioning. The licensee is the holder of Renewed Facility 
Operating License No. DPR-40 for operation of Fort Calhoun. Fort 
Calhoun has been shut down since October 24, 2016, and the final 
removal of fuel from its reactor vessel was completed on November 13, 
2016. By letter dated November 13, 2016, OPPD submitted to the NRC a 
certification of the permanent cessation of power operations at Fort 
Calhoun and the permanent removal of fuel from the Fort Calhoun reactor 
vessel. As a permanently shutdown and defueled facility, and pursuant 
to section 50.82(a)(2) of title 10 of the Code of Federal Regulations 
(10 CFR), Fort Calhoun is no longer authorized to be operated or to 
have fuel placed into its reactor vessel. However, the licensee is 
still authorized to possess and store irradiated nuclear fuel, which is 
currently stored onsite at Fort Calhoun in a spent fuel pool and in an 
independent spent fuel storage installation.
    The licensee has requested exemptions for Fort Calhoun from certain 
EP requirements in 10 CFR part 50, ``Domestic Licensing of Production 
and Utilization Facilities.'' The NRC regulations concerning EP do not 
recognize the reduced risks after a reactor is permanently shut down 
and defueled. As such, a permanently shutdown and defueled reactor such 
as Fort Calhoun must continue to maintain the same EP requirements as 
an operating power reactor under the existing regulatory requirements. 
To establish a level of EP commensurate with the reduced risks of a 
permanently shutdown and defueled reactor, OPPD requires exemptions 
from certain EP regulatory requirements before it can change its 
emergency plans.
    The NRC is considering issuing exemptions from portions of 10 CFR 
50.47, ``Emergency plans,'' and 10 CFR part 50, appendix E, ``Emergency 
Planning and Preparedness for Production and Utilization Facilities,'' 
to OPPD, which would eliminate the requirements for OPPD to maintain 
offsite radiological emergency plans and reduce some of the onsite EP 
activities, based on the reduced risks at Fort Calhoun, due to its 
permanently shutdown and defueled status. Consistent with 10 CFR 51.21, 
the NRC has reviewed the requirements in 10 CFR 51.20(b) and 10 CFR 
51.22(c) and determined that an EA is the appropriate form of 
environmental review for the requested action. Based on the results of 
the EA, which is provided in Section II of this document, the NRC has 
determined not to prepare an environmental impact statement for the 
proposed action, and is issuing a FONSI.

[[Page 56061]]

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would exempt OPPD from meeting certain 
requirements set forth in 10 CFR 50.47 and appendix E to 10 CFR part 
50. More specifically, OPPD requested exemptions from: (1) Certain 
requirements in 10 CFR 50.47(b) regarding onsite and offsite emergency 
response plans for nuclear power reactors; (2) certain requirements in 
10 CFR 50.47(c)(2) to establish plume exposure and ingestion pathway 
emergency planning zones for nuclear power reactors; and (3) certain 
requirements in 10 CFR part 50, appendix E, section IV, which 
establishes the elements that make up the content of a licensee's 
emergency plan. The proposed action of granting these exemptions would 
eliminate the requirements for OPPD to maintain formal offsite 
radiological emergency plans, as described in 44 CFR part 350, and 
reduce some of the onsite EP activities at Fort Calhoun, based on the 
reduced risks at the permanently shutdown and defueled reactor. 
However, requirements for certain onsite capabilities to communicate 
and coordinate with offsite response authorities, in the event of an 
emergency at Fort Calhoun, would be retained. Additionally, if 
necessary, offsite protective actions could still be implemented using 
a comprehensive emergency management plan (CEMP) process. A CEMP in 
this context, also referred to as an emergency operations plan, is 
addressed in the Federal Emergency Management Agency's Comprehensive 
Preparedness Guide (CPG) 101. The CPG 101 is the foundation for State, 
territorial, Tribal, and local EP in the United States. It promotes a 
common understanding of the fundamentals of risk-informed planning and 
decision making, and helps planners at all levels of government in 
their efforts to develop and maintain viable, all-hazards, all-threats 
emergency plans. An emergency operations plan is flexible enough for 
use in all emergencies. It describes how people and property will be 
protected; details regarding who is responsible for carrying out 
specific actions; identifies the personnel, equipment, facilities, 
supplies, and other resources available; and outlines the process by 
which all actions will be coordinated. A CEMP is often referred to as a 
synonym for ``all-hazards planning.''
    The proposed action is in accordance with the licensee's 
application dated December 16, 2016, as supplemented by letters dated 
February 10, April 14, and April 20, 2017, in which OPPD provided 
responses to the NRC staff's requests for additional information 
concerning the proposed exemptions.

Need for the Proposed Action

    The proposed action is needed for OPPD to revise Fort Calhoun's 
Emergency Plan to reflect the permanently shutdown and defueled status 
of the facility. The EP requirements currently applicable to Fort 
Calhoun are for an operating power reactor. There are no explicit 
regulatory provisions distinguishing EP requirements for a power 
reactor that has been permanently shut down and defueled, from those 
for an operating power reactor. Therefore, since the 10 CFR part 50 
license for Fort Calhoun no longer authorizes operation of the reactor 
or emplacement or retention of fuel into the reactor vessel, as 
specified in 10 CFR 50.82(a)(2), the occurrence of postulated accidents 
associated with reactor operation is no longer credible.
    In its exemption request, the licensee identified the remaining 
possible accidents at Fort Calhoun in its permanently shutdown and 
defueled condition. The NRC staff evaluated these possible radiological 
accidents, as memorialized in the Commission Paper (SECY)-17-0080, 
``Request by the Omaha Public Power District for Exemptions from 
Certain Emergency Planning Requirements for the Fort Calhoun Station, 
Unit No. 1,'' dated August 10, 2017. In SECY-17-0080, the NRC staff 
stated that it had verified that OPPD's analyses and calculations 
provided reasonable assurance that if the requested exemptions were 
granted, then: (1) For a design-basis accident, an offsite radiological 
release will not exceed the U.S. Environmental Protection Agency's 
Protective Action Guides (PAGs) at the exclusion area boundary, as 
detailed in the Environmental Protection Agency ``PAG Manual: 
Protective Action Guides and Planning Guidance for Radiological 
Incidents,'' January 2017; and (2) in the unlikely event of a beyond 
design-basis accident, resulting in a loss of all spent fuel pool 
cooling, there is sufficient time to initiate appropriate mitigating 
actions on site and, if a release is projected to occur, there is 
sufficient time for offsite agencies to take protective actions using a 
CEMP to protect the public health and safety. The Commission approved 
the NRC staff's recommendation to grant the exemptions, based on this 
evaluation in its Staff Requirements Memorandum (SRM) to SECY-17-0080, 
dated October 25, 2017.
    Based on these analyses, the licensee stated that complete 
application of the EP rule to Fort Calhoun, in its particular 
circumstances as a permanently shutdown and defueled reactor, would not 
serve the underlying purpose of the rule or is not necessary to achieve 
the underlying purpose of the rule. The licensee also stated that it 
would incur undue costs in the application of operating plant EP 
requirements for the maintenance of an emergency response organization 
in excess of that actually needed to respond to the diminished scope of 
credible accidents for a permanently shutdown and defueled reactor.

Environmental Impacts of the Proposed Action

    Based on the conclusions reached in SECY-17-0080, the NRC staff 
concludes that the exemptions, if granted, would not significantly 
increase the probability or consequences of accidents at Fort Calhoun 
in its permanently shutdown and defueled condition. There would be no 
significant change in the types of any effluents that may be released 
offsite. There would be no significant increase in the amounts of any 
effluents that may be released offsite. There would be no significant 
increase in individual or cumulative occupational or public radiation 
exposure. Therefore, there are no significant radiological 
environmental impacts associated with the proposed action.
    With regard to potential non-radiological impacts, the proposed 
action does not have any foreseeable impacts to land, air, or water 
resources, including impacts to biota. In addition, there are no known 
socioeconomic or environmental justice impacts associated with the 
proposed action. Therefore, there are no significant non-radiological 
environmental impacts associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
the denial of the proposed action (i.e., the ``no-action'' 
alternative). The denial of the proposed action would not result in a 
change to the current environmental impacts. Therefore, the 
environmental impacts of the proposed action and the alternative action 
are similar.

Alternative Use of Resources

    The proposed action does not involve the use of any different 
resources than those considered in the Final Environmental Statement 
for the Fort

[[Page 56062]]

Calhoun Station, Unit No. 1 dated August 1972 as supplemented through 
the ``Generic Environmental Impact Statement for License Renewal of 
Nuclear Plants: Fort Calhoun Station Unit 1--Final Report (NUREG-1437, 
Supplement 12).''

Agencies or Persons Consulted

    The NRC staff did not enter into consultation with any other 
Federal agency or with the State of Nebraska regarding the 
environmental impact of the proposed action. On October 5, 2017, the 
Nebraska state representative was notified of this EA and FONSI.

III. Finding of No Significant Impact

    The licensee has proposed exemptions from: (1) Certain requirements 
in 10 CFR 50.47(b) regarding onsite and offsite emergency response 
plans for nuclear power reactors; (2) certain requirements in 10 CFR 
50.47(c)(2) to establish plume exposure and ingestion pathway emergency 
planning zones for nuclear power reactors; and (3) certain requirements 
in 10 CFR part 50, appendix E, section IV, which establishes the 
elements that make up the content of a licensee's emergency plan. The 
proposed action of granting these exemptions would eliminate the 
requirements for the licensee to maintain formal offsite radiological 
emergency plans, as described in 44 CFR part 350, and reduce some of 
the onsite EP activities at Fort Calhoun, based on the reduced risks at 
the permanently shutdown and defueled reactor. However, requirements 
for certain onsite capabilities to communicate and coordinate with 
offsite response authorities following declaration of an emergency at 
Fort Calhoun will be retained and offsite ``all hazards'' EP provisions 
will still exist through State and local government use of a CEMP.
    Consistent with 10 CFR 51.21, the NRC conducted the EA for the 
proposed action, which is included in Section II of this document, and 
incorporated by reference in this finding. 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 decided not to prepare an environmental impact statement for the 
proposed action.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

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                                                ADAMS Accession No./Web
                   Document                               link
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Developing and Maintaining Emergency           http://www.fema.gov/pdf/
 Operations Plans, Comprehensive Preparedness   about/divisions/npd/
 Guide (CPG) 101, Version 2.0, November 2010.   CPG_101_V2.pdf.
Docket No. 50-285, Request for Exemptions      ADAMS Accession No.
 from Portions of 10 CFR 50.47 and 10 CFR       ML16356A578.
 Part 50, Appendix E, dated December 16, 2016.
Docket No. 50-285, Supplemental Information    ADAMS Accession No.
 Needed For Acceptance of Requested Licensing   ML17041A443.
 Action RE: Fort Calhoun Station Request for
 Exemptions from Portions of 10 CFR 50.47 and
 10 CFR Part 50, Appendix E, dated February
 10, 2017.
Docket No. 50-285, Response to Request for     ADAMS Accession No.
 Additional Information, Fort Calhoun           ML17104A191.
 Station, Unit No. 1--Final Request for
 Additional Information Concerning Exemption
 from the Requirements of 10 CFR 50.47 and
 Appendix E, dated April 14, 2017.
Docket No. 50-285, Response to Request for     ADAMS Accession No.
 Additional Information, Fort Calhoun           ML17111A857.
 Station, Unit No. 1--Request for Additional
 Information RE: Defueled Emergency Plan
 Exemption Request, dated April 20, 2017.
PAG Manual: Protective Action Guides and       ADAMS Accession No.
 Planning Guidance for Radiological             ML17044A073.
 Incidents, U.S. Environmental Protection
 Agency, January 2017.
SECY-17-0080, ``Request by the Omaha Public    ADAMS Accession No.
 Power District for Exemptions from Certain     ML17116A430.
 Emergency Planning Requirements for the Fort
 Calhoun Station, Unit No. 1,'' dated August
 10, 2017.
Staff Requirements Memorandum to SECY-17-      ADAMS Accession No.
 0080, dated October 25, 2017.                  ML17298A976.
Staff Requirements Memorandum to SECY-08-      ADAMS Accession No.
 0024, ``Delegation of Commission Authority     ML081400510.
 to Staff to Approve or Deny Emergency Plan
 Changes that Represent a Decrease in
 Effectiveness,'' dated May 19, 2008.
NUREG-1437, Supplement 12, ``Generic           ADAMS Accession No.
 Environmental Impact Statement for License     ML032110191.
 Renewal of Nuclear Plants Regarding Fort
 Calhoun Station Unit 1,'' August 2003.
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    Dated at Rockville, Maryland, this 21st day of November, 2017.

    For the Nuclear Regulatory Commission.
Glenn E. Miller,
Acting Chief, Special Projects and Process Branch, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2017-25561 Filed 11-24-17; 8:45 am]
 BILLING CODE 7590-01-P