[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Pages 26501-26503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12249]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-26; NRC-2018-0108]


Pacific Gas and Electric Company Diablo Canyon Independent Spent 
Fuel Storage Installation

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 
issuing an environmental assessment (EA) and a finding of no 
significant impact (FONSI) for its review and approval of the 
decommissioning funding plans (DFPs) submitted by Pacific Gas and 
Electric Company (PGEC) on December 17, 2012, and December 17, 2015, 
for the independent spent fuel storage installation (ISFSI) at Diablo 
Canyon in Avila Beach, California.

DATES: The EA and FONSI referenced in this document are available on 
June 7, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0108 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0108. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 it is available in ADAMS) is provided the first time that it is 
mentioned in this document. In addition, 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: Pamela Longmire, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7465, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering the approval of the DFPs for the Diablo 
Canyon ISFSI. PGEC submitted an initial DFP and an updated DFP for NRC 
review and approval by letters dated December 17, 2012 (ADAMS Accession 
No. ML12353A315), and December 17, 2015 (ADAMS Accession No. 
ML15351A502), respectively. The NRC staff has prepared a final EA 
(ADAMS Accession No. ML18131A047) in support of its review of PGEC's 
DFPs in accordance with the NRC regulations in part 51 of title 10 of 
the Code of Federal Regulations (10 CFR), ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
which implements the National Environmental Policy Act of 1969, as 
amended (42 U.S.C. 4321 et seq.). Based on the EA, the NRC staff has 
determined that approval of the DFPs for the Diablo Canyon ISFSI will 
not significantly affect the quality of the human environment, and 
accordingly, the staff has concluded that a FONSI is appropriate. The 
NRC staff further finds that preparation of an environmental impact 
statement is not warranted.

II. Environmental Assessment

Background

    The Diablo Canyon ISFSI is located in Avila Beach, California. PGEC 
is authorized by the NRC, under License No. SNM-2511, to store spent 
nuclear fuel at the Diablo Canyon ISFSI.
    The NRC requires its licensees to plan for the eventual 
decommissioning of their licensed facilities prior to license 
termination. On June 17, 2011, the NRC published a final rule in the 
Federal Register amending its decommissioning planning regulations (76 
FR 35512). The final rule amended the NRC regulation, 10 CFR 72.30, 
which concerns financial assurance and decommissioning for ISFSIs. This 
regulation now requires each holder of, or applicant for, a license 
under 10 CFR part 72 to submit, for NRC review and approval, a DFP. The 
purpose of the DFP is to demonstrate the licensee's financial assurance 
(i.e., that funds will be available to decommission the ISFSI). The NRC 
staff is reviewing the DFPs submitted by PGEC on December 13, 2012, and 
December 17, 2015. Specifically, the NRC must determine whether PGEC's 
DFPs contain the information required by Sec. Sec.  72.30(b) and (c), 
and whether PGEC has provided reasonable assurance that funds will be 
available to decommission the ISFSI.

Description of the Proposed Action

    The proposed action is the NRC's review and approval of PGEC's DFPs 
submitted in accordance with Sec. Sec.  72.30(b) and (c). To approve 
the DFPs, the NRC will evaluate whether the decommissioning cost 
estimate adequately estimates the cost to conduct the required ISFSI 
decommissioning activities prior to license termination,

[[Page 26502]]

including identification of the volume of onsite subsurface material 
containing residual radioactivity that will require remediation to meet 
the license termination criteria in Sec. Sec.  20.1402 or 20.1403. The 
NRC will also evaluate whether the aggregate dollar amount of PGEC 
financial instruments provides adequate financial assurance to cover 
the decommissioning cost estimate and that the financial instruments 
meet the criteria of 10 CFR 72.30(e). Finally, the NRC will evaluate 
whether the effects of the following events have been considered in 
PGEC's submittal: (1) Spills of radioactive material producing 
additional residual radioactivity in onsite subsurface material; (2) 
facility modifications; (3) changes in authorized possession limits; 
and (4) actual remediation costs that exceed the previous cost 
estimate, consistent with 10 CFR 72.30(c).
    The proposed action does not require any changes to the ISFSI's 
licensed routine operations, maintenance activities, or monitoring 
programs, nor does it require any new construction or land-disturbing 
activities. The scope of the proposed action concerns only the NRC's 
review and approval of PGEC's DFPs. The scope of the proposed action 
does not include, and will not result in, the review and approval of 
any decontamination or decommissioning activity or license termination 
for the ISFSI or any other part of Diablo Canyon.

Need for the Proposed Action

    The proposed action provides a means for PGEC to demonstrate that 
it will have sufficient funding to cover the costs of decommissioning 
the ISFSI, including the reduction of the residual radioactivity at the 
ISFSI to the level specified by the applicable NRC license termination 
regulations concerning release of the property (10 CFR 20.1402 or 10 
CFR 20.1403).

Environmental Impacts of the Proposed Action

    The NRC's approval of the DFPs will not change the scope or nature 
of the operation of the ISFSI and will not authorize any changes to 
licensed operations or maintenance activities. The NRC's approval of 
the DFPs will not result in any changes in the types, characteristics, 
or quantities of radiological or non-radiological effluents released 
into the environment from the ISFSI, or result in the creation of any 
solid waste. Moreover, the approval of the DFPs will not authorize any 
construction activity or facility modification. Therefore, the NRC 
staff concludes that the approval of PGEC's DFPs is a procedural and 
administrative action that will not result in any significant impact to 
the environment.
    Section 106 of the National Historic Preservation Act of 1966, as 
amended (NHPA), requires Federal agencies to consider the effects of 
their undertakings on historic properties. In accordance with the NHPA 
implementing regulations at 36 CFR part 800, ``Protection of Historic 
Properties,'' the NRC's approval of PGEC's DFPs constitutes a Federal 
undertaking. The NRC, however, has determined that the approval of the 
DFPs is a type of undertaking that does not have the potential to cause 
effects on historic properties, assuming such historic properties were 
present, because the NRC's approval of PGEC's DFPs will not authorize 
or result in changes to licensed operations or maintenance activities, 
or changes in the types, characteristics, or quantities of radiological 
or non-radiological effluents released into the environment from the 
ISFSI, or result in the creation of any solid waste. Therefore, in 
accordance with 36 CFR 800.3(a)(1), no consultation is required under 
Section 106 of the NHPA.
    Under Section 7 of the Endangered Species Act of 1973, prior to 
taking a proposed action, a Federal agency must determine whether (i) 
endangered and threatened species or their critical habitats are known 
to be in the vicinity of the proposed action and, if so, whether (ii) 
the proposed Federal action may affect listed species or critical 
habitats. The NRC has determined that the proposed action will have no 
effect on any listed species or their critical habitats because the 
NRC's approval of PGEC's DFPs will not authorize or result in changes 
to licensed operations or maintenance activities, or changes in the 
types, characteristics, or quantities of radiological or non-
radiological effluents released into the environment from the ISFSI, or 
result in the creation of any solid waste.

Alternative to the Proposed Action

    In addition to the proposed action, the NRC evaluated the no-action 
alternative. The no-action alternative is to deny PGEC's DFPs. A denial 
of a DFP that meets the criteria of Sec. Sec.  72.30(b) or (c) does not 
support the regulatory intent of the 2011 rulemaking. As noted in the 
EA for the 2011 rulemaking (ADAMS Accession No. ML090500648), not 
promulgating the 2011 final rule would have increased the likelihood of 
additional legacy sites. Thus, denying PGEC's DFPs, which the NRC has 
found to meet the criteria of Sec. Sec.  72.30(b) and (c), will 
undermine the licensee's decommissioning planning. On this basis, the 
NRC has concluded that the no-action alternative is not a viable 
alternative.

Agencies and Persons Consulted

    The NRC staff consulted with other agencies and parties regarding 
the environmental impacts of the proposed action. The NRC provided a 
draft of its EA to the California Energy Commission (CEC or State) by 
letter dated April 25, 2016 (ADAMS Accession No. ML17107A273), and gave 
the CEC 30 days to respond. The State did not respond. The NRC also 
consulted with the U.S. Fish and Wildlife Service by letter dated April 
25, 2016 (ADAMS Accession No. ML16120A606). However, the NRC staff has 
determined that consultation under Section 7 of the Endangered Species 
Act of 1973 is not required because the proposed action is 
administrative/procedural in nature and will not affect listed species 
or critical habitat (ADAMS Accession No. ML17135A062).

III. Finding of No Significant Impact

    The NRC staff has determined that the proposed action, the review 
and approval of PGEC's DFPs submitted in accordance with Sec. Sec.  
72.30(b) and (c), will not authorize or result in changes to licensed 
operations or maintenance activities, or changes in the types, 
characteristics, or quantities of radiological or non-radiological 
effluents released into the environment from the ISFSI, or result in 
the creation of any solid waste. Moreover, the approval of the DFPs 
will not authorize any construction activity, facility modification, or 
any other land-disturbing activity. The NRC staff has concluded that 
the proposed action is a procedural and administrative action and, as 
such, that the proposed action will not have a significant effect on 
the quality of the human environment. Therefore, the NRC staff has 
determined not to prepare an environmental impact statement for the 
proposed action but will issue this FONSI. In accordance with 10 CFR 
51.32(a)(4), the FONSI incorporates the EA by reference.

IV. Availability of Documents

    The following documents, related to this Notice, can be found using 
any of the methods provided in the following table. Instructions for 
accessing ADAMS were provided under the ADDRESSES section of this 
notice.

[[Page 26503]]



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                  Date                               Document                      ADAMS Accession No.
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December 17, 2012.......................  Submission of PGEC DFP.......  ML12353A315
December 17, 2015.......................  Submission of PGEC Triennial   ML15351A502
                                           DFP.
February 1, 2009........................  Environmental Assessment for   ML090500648
                                           Final Rule--Decommissioning
                                           Planning.
May 15, 2017............................  Note to File Re: Section 7     ML17135A062
                                           Consultations for ISFSI DFPs.
April 25, 2016..........................  Consultation Letter            ML17107A273
                                           (ML16120A553-RLSO).
April 25, 2016..........................  Letter to M. Fris, U.S. Fish   ML16120A606
                                           and Wildlife Service Re: NRC
                                           Preliminary Determination of
                                           No Effects Regarding the
                                           Diablo Canyon ISFSI DFP.
May 11, 2018............................  Final EA for the Approval of   ML18131A047
                                           the DFP.
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    Dated at Rockville, Maryland, this 4th day of June, 2018.

    For the Nuclear Regulatory Commission.
John McKirgan,
Branch Chief, Spent Fuel Licensing Branch, Division of Spent Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-12249 Filed 6-6-18; 8:45 am]
 BILLING CODE 7590-01-P