[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,
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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.
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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]
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