[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 40092-40095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17327]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219; NRC-2018-0167]
Exelon Generation Company, LLC; Oyster Creek Nuclear Generating
Station
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 Exelon Generation
Company, LLC (Exelon or the licensee) that would permit the licensee to
reduce its emergency planning (EP) activities at the Oyster Creek
Nuclear Generating Station (Oyster Creek). The licensee is seeking
exemptions that would eliminate the requirements for the licensee to
maintain offsite radiological emergency plans and reduce some of the
onsite EP activities based on the reduced risks at Oyster Creek, which
will be permanently shut down and defueled. However, requirements for
certain onsite capabilities to communicate and coordinate with offsite
response authorities would be retained. In addition, offsite EP
provisions would still exist through State and local government use of
a comprehensive emergency management plan process, in accordance with
the Federal Emergency Management Agency's (FEMA's) Comprehensive
Preparedness Guide (CPG) 101, ``Developing and Maintaining Emergency
Operations Plans.'' The NRC staff is issuing a final Environmental
Assessment (EA) and final Finding of No Significant Impact (FONSI)
associated with the proposed exemptions.
DATES: The EA and FONSI referenced in this document are available on
August 13, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0167 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-2018-0167. 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
[[Page 40093]]
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 ``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 (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: John G. Lamb, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3100; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated January 7, 2011 (ADAMS Accession No. ML110070507),
Exelon notified the NRC that Oyster Creek will be permanently shut down
no later than December 31, 2019, and subsequently the nuclear power
plant will be in the process of decommissioning. By letter dated
February 14, 2018 (ADAMS Accession No. ML18045A084), Exelon updated its
notification and informed the NRC that Oyster Creek will be permanently
shut down no later than October 31, 2018.
Oyster Creek is located in Ocean County, New Jersey, approximately
2 miles south of Forked River, New Jersey. Exelon is the holder of the
Renewed Facility Operating License No. DPR-16 for Oyster Creek. Once
Exelon submits a certification of permanent removal of fuel from the
reactor vessel, pursuant to 10 CFR 50.82(a)(2) of title 10 of the Code
of Federal Regulations (10 CFR), Oyster Creek will no longer be
authorized to operate or to have fuel placed into its reactor vessel,
but the licensee is still authorized to possess and store irradiated
nuclear fuel. Irradiated nuclear fuel is currently stored onsite at
Oyster Creek in a spent fuel pool (SFP) and in an independent spent
fuel storage installation (ISFSI).
The licensee has requested exemptions for Oyster Creek from certain
EP requirements in 10 CFR part 50, ``Domestic Licensing of Production
and Utilization Facilities,'' once Exelon submits its certification of
permanent removal of fuel from the reactor vessel. The NRC regulations
concerning EP do not recognize the reduced risks after a reactor is
permanently shut down and defueled. As such, a permanently shut down
and defueled reactor, 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 shut down and defueled reactor,
Exelon requires exemptions from certain EP regulatory requirements
before it can change its emergency plans.
The NRC is considering issuing to Exelon exemptions from portions
of 10 CFR 50.47, ``Emergency plans,'' and appendix E to 10 CFR part 50,
``Emergency Planning and Preparedness for Production and Utilization
Facilities,'' which would eliminate the requirements for Exelon to
maintain offsite radiological emergency plans in accordance with part
350, ``Review and Approval of State and Local Radiological Emergency
Plans and Preparedness,'' of 44 CFR, ``Emergency Management and
Assistance,'' and reduce some of the onsite EP activities based on the
reduced risks at Oyster Creek, once the reactor has been permanently
shut down and defueled for a period of 12 months.
Consistent with 10 CFR 51.21, the NRC has 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.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would exempt Exelon from (1) certain standards
as set forth in 10 CFR 50.47(b) regarding onsite and offsite emergency
response plans for nuclear power reactors; (2) requirements in 10 CFR
50.47(c)(2) to establish plume exposure and ingestion pathway emergency
planning zones (EPZs) 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 emergency plans.
The proposed action of granting these exemptions would eliminate the
requirements for Exelon to maintain offsite radiological emergency
plans in accordance with 44 CFR 350 and reduce some of the onsite EP
activities at Oyster Creek, based on the reduced risks once the reactor
has been permanently shut down and defueled for a period of 12 months.
However, requirements for certain onsite capabilities to communicate
and coordinate with offsite response authorities would be retained to
an extent consistent with the approved exemptions. 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 (EOP),
is addressed in FEMA's CPG 101, ``Developing and Maintaining Emergency
Operations Plans.'' The CPG 101 is the foundation for State,
territorial, tribal, and local EP in the United States under the
National Preparedness System. 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 EOP is
flexible enough for use in all emergencies. It describes how people and
property will be protected; details who is responsible for carrying out
specific actions; identifies the personnel, equipment, facilities,
supplies, and other resources available; and outlines how 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 August 22, 2017 (ADAMS Accession No.
ML17234A082), as supplemented December 6, 2017 (ADAMS Accession No.
ML17340A708) and March 8 and 19, 2018 (ADAMS Accession Nos. ML18067A087
and ML18078A146, respectively).
Need for the Proposed Action
The proposed action is needed for Exelon to revise the Oyster Creek
Emergency Plan once the reactor has been permanently shutdown and
defueled for a period of 12 months. The EP requirements currently
applicable to Exelon are for an operating power reactor. Once Oyster
Creek reaches permanently shutdown and defueled status, as specified in
10 CFR 50.82(a)(2), Oyster Creek will no longer be authorized operation
of the reactor or emplacement or retention of fuel into the reactor
vessel therefore, the occurrence of postulated accidents associated
with reactor operation is no
[[Page 40094]]
longer credible. However, 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.
In its exemption request, the licensee identified four possible
radiological accidents at Oyster Creek in its permanently shutdown and
defueled condition. These are: (1) A fuel-handling accident; (2) a
radioactive waste-handling accident; (3) a loss of SFP normal cooling
(i.e., boil off); and (4) an adiabatic heat up of the hottest fuel
assembly. The NRC staff evaluated these possible radiological accidents
in the Commission Paper (SECY) 18-0062, ``Request by the Exelon
Generation Company, LLC for Exemptions from Certain Emergency Planning
Requirements for the Oyster Creek Nuclear Generating Station,'' dated
May 31, 2018 (ADAMS Package Accession No. ML18030B340). In SECY-18-
0062, the NRC staff verified that Exelon's analyses and calculations
provided reasonable assurance that if the requested exemptions were
granted, then: (1) For a design-basis accident (DBA), an offsite
radiological release will not exceed the early phase protective action
guides (PAGs) at the site boundary, as detailed in Table 1-1 to the
U.S. Environmental Protection Agency's (EPA's), ``PAG Manual:
Protective Action Guides and Planning Guidance for Radiological
Incidents,'' EPA-400/R-17/001, dated January 2017, and (2) in the
unlikely event of a beyond DBA resulting in a loss of all SFP cooling,
there is sufficient time to initiate appropriate mitigating actions,
and in the event a radiological release has or is projected to occur,
there would be sufficient time for offsite agencies to take protective
actions using a CEMP to protect the health and safety of the public if
offsite governmental officials determine that such action is warranted.
The Commission approved the NRC staff's recommendation to grant the
exemptions based on this evaluation in its Staff Requirements
Memorandum (SRM) to SECY-18-0062, dated July 17, 2018 (ADAMS Accession
No. ML18198A449).
Based on these analyses, Exelon states that complete application of
the EP rule to Oyster Creek, when it is permanently shutdown and
defueled would not serve the underlying purpose of the rule or is not
necessary to achieve the underlying purpose of the rule. Exelon also
states 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
The NRC staff has completed its evaluation of the environmental
impacts of the proposed action.
The proposed action consists mainly of changes related to the
elimination of requirements for the licensee to maintain offsite
radiological emergency plans in accordance with 44 CFR 350 and reduce
some of the onsite EP activities at Oyster Creek, based on the reduced
risks once the reactor has been permanently shutdown and defueled for a
period of 12 months. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response
authorities will be retained and offsite EP provisions to protect
public health and safety will still exist through State and local
government use of a CEMP.
With regard to potential nonradiological environmental impacts, the
proposed action would have no direct impacts on land use or water
resources, including terrestrial and aquatic biota, as it involves no
new construction or modification of plant operational systems. There
would be no changes to the quality or quantity of nonradiological
effluents and no changes to the plants' National Pollutant Discharge
Elimination System permits would be needed. In addition, there would be
no noticeable effect on socioeconomic conditions in the region, no
environment justice impacts, no air quality impacts, and no impacts to
historic and cultural resources from the proposed action. Therefore,
there are no significant nonradiological environmental impacts
associated with the proposed action.
With regard to potential radiological environmental impacts, as
stated above, the proposed action would not increase the probability or
consequences of radiological accidents. Additionally, the NRC staff has
concluded that the proposed action would have no direct radiological
environmental impacts. There would be no change to the types or amounts
of radioactive effluents that may be released and, therefore, no change
in occupational or public radiation exposure from the proposed action.
Moreover, no changes would be made to plant buildings or the site
property from the proposed action. Therefore, there are no significant
radiological 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 application would result in no change
in current environmental impacts. Therefore, the environmental impacts
of the proposed action and the alternative action are similar.
Alternative Use of Resources
There are no unresolved conflicts concerning alternative uses of
available resources under the proposed action.
Agencies or Persons Consulted
No additional agencies or persons were consulted regarding the
environmental impact of the proposed action. On July 27, 2018, the New
Jersey state representative was notified of this EA and FONSI.
III. Finding of No Significant Impact
The licensee has proposed exemptions from: (1) Certain standards in
10 CFR 50.47(b) regarding onsite and offsite emergency response plans
for nuclear power reactors; (2) requirement in 10 CFR 50.47(c)(2) to
establish plume exposure and ingestion pathway EPZs 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
emergency plans. The proposed action of granting these exemptions would
eliminate the requirements for the licensee to maintain offsite
radiological emergency plans in accordance with 44 CFR 350 and reduce
some of the onsite EP activities at Oyster Creek, based on the reduced
risks once the reactor has been permanently shutdown and defueled for a
period of 12 months. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response
authorities will be retained and offsite EP provisions to protect
public health and safety will still exist through State and local
government use of a CEMP.
The NRC is considering issuing the exemptions. The proposed action
would not significantly affect plant safety, would not have a
significant adverse effect on the probability of an accident occurring,
and would not have any significant radiological or nonradiological
impacts. This FONSI incorporates by reference the EA in Section II of
this document. Therefore, the NRC concludes that the proposed action
will not have a significant effect on the quality of the human
environment. Accordingly, the NRC has
[[Page 40095]]
determined not to prepare an environmental impact statement for the
proposed action.
The related environmental document is the ``Generic Environmental
Impact Statement for License Renewal of Nuclear Plants: Regarding
Oyster Creek Nuclear Generating Station, Final Report,'' NUREG-1437,
Supplement 28, Volumes 1 and 2, which provides the latest environmental
review of current operations and description of environmental
conditions at Oyster Creek.
The finding and other related environmental documents may be
examined, and/or copied for a fee, at the NRC's Public Document Room
(PDR), located at One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852. Publicly-available records are accessible
electronically from ADAMS Public Electronic Reading Room on the
internet at the NRC's website: http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS should contact the
NRC's PDR Reference staff by telephone at 1-800-397-4209 or 301-415-
4737, or by email to [email protected].
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.[hairsp]/
Document [hairsp]web link
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Developing and Maintaining Emergency http://www.fema.gov.
Operations Plans, Comprehensive
Preparedness Guide (CPG) 101, Version 2.0,
November 2010.
Docket No. 50-219, Request for Exemptions ML17234A082.
from Portions of 10 CFR 50.47 and 10 CFR
part 50, Appendix E, Oyster Creek Nuclear
Generating Station, August 22, 2017.
Docket No. 50-219, Response to Request for ML17340A708.
Additional Information (RAI) Regarding
Request for Exemption from Portions of 10
CFR 50.47 and 10 CFR part 50, Appendix E,
Oyster Creek Nuclear Generating Station,
December 6, 2017.
Docket No. 50-219, Supplement to Request ML18067A087.
for Exemption from Portions of 10 CFR
50.47 and 10 CFR part 50, Appendix E,
Oyster Creek Nuclear Generating Station,
March 8, 2018.
Docket No. 50-219, Response to Request for ML18078A146.
Additional Information (RAI) Related to
Exemption Request from Portions of 10 CFR
50.47 and 10 CFR part 50, Appendix E,
Oyster Creek Nuclear Generating Station,
March 19, 2018.
Docket No. 50-219, Certification of ML110070507.
Permanent Cessation of Operations at
Oyster Creek Nuclear Generating Station,
January 7, 2011.
Docket No. 50-219, Certification of ML18045A084.
Permanent Cessation of Power Operations
for Oyster Creek Nuclear Generating
Station, February 14, 2018..
PAG Manual: Protective Action Guides and http://www.epa.gov.
Planning Guidance for Radiological
Incidents, U.S. Environmental Protection
Agency, January 2017.
SECY-18-0062, ``Request by the Exelon ML18030B340.
Generation Company, LLC for Exemptions
from Certain Emergency Planning
Requirements for the Oyster Creek Nuclear
Generating Station,'' May 31, 2018.
Staff Requirements Memorandum to SECY-18- ML18198A449.
0062, ``Request by the Exelon Generation
Company, LLC for Exemptions from Certain
Emergency Planning Requirements for the
Oyster Creek Nuclear Generating Station,''
July 17, 2018.
Docket No. 50-219, ``Final Environmental ML072200150.
Statement--related to operation of Oyster
Creek Nuclear Generating Station,''
December 1974.
NUREG-1437, Supplement 28, ``Generic ML070100234.
Environmental Impact Statement for License
Renewal of Nuclear Plants Regarding Oyster
Creek Nuclear Generating Station,''
January 2007.
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Dated at Rockville, Maryland, this 8th day of August, 2018.
For the Nuclear Regulatory Commission.
Kathryn M. Brock,
Deputy Director, Division of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. 2018-17327 Filed 8-10-18; 8:45 am]
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