[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50966-50969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21914]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271; NRC-2018-0226]
NorthStar Group Services, Inc. on Behalf of Entergy Nuclear
Vermont Yankee, LLC; Vermont Yankee Nuclear Power 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 an exemption in response to a May 25, 2018, request from
NorthStar Group Services, Inc. (NorthStar), on behalf of Entergy
Nuclear Vermont Yankee, LLC (ENVY, to be known as NorthStar Vermont
Yankee, LLC or NorthStar VY). The exemption would allow NorthStar VY to
use up to $20 million in funds from the Vermont Yankee Nuclear Power
Station (VY) nuclear decommissioning trust fund (NDT), on a revolving
basis, for irradiated fuel management activities should the request for
the direct and indirect transfer of the VY Facility License No. DPR-28
to NorthStar VY be approved by the NRC. The staff is issuing a final
Environmental Assessment (EA) and final Finding of No Significant
Impact (FONSI) associated with the proposed exemption.
DATES: The EA and FONSI referenced in this document is available on
[October 10, 2018].
ADDRESSES: Please refer to Docket ID NRC-2018-0226 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-2018-0226. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual(s) 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 ``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,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
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 D. Parrott, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6634; email:
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 50967]]
I. Introduction
The NRC is considering issuance of an exemption from section
50.82(a)(8)(i)(A) of title 10 of the Code of Federal Regulations (10
CFR) for Facility Operating License No. DPR-28, currently issued to
ENVY and Entergy Nuclear Operations, Inc. (ENOI), for VY, located in
Windham County, Vermont. The exemption was requested by NorthStar, by
letter dated May 25, 2018 (ADAMS Accession No. ML18150A315) pursuant to
10 CFR 50.12.
By letter dated January 12, 2015 (ADAMS Accession No. ML15013A426),
ENOI informed the NRC that it had permanently ceased power operations
at VY and that the VY reactor vessel had been permanently defueled. By
letter dated February 9, 2017 (ADAMS Accession No. ML17045A140), ENOI,
on behalf of itself and ENVY, and NorthStar Nuclear Decommissioning
Company, LLC (NorthStar NDC) requested that the NRC consent to the
proposed direct and indirect transfer of control of VY Facility License
No. DPR-28, and the Vermont Yankee Independent Spent Fuel Storage
Installation (ISFSI) general license. The proposed license transfer
would involve the indirect transfer of control of ENVY's licenses to
NorthStar Decommissioning Holdings, LLC, and its parent companies,
NorthStar, LVI Parent Corp. and NorthStar Group Holdings, LLC.
The exemption would allow NorthStar VY to use up to $20 million of
funds on a revolving basis such that at any one time, up to $20 million
of the nuclear decommissioning trust fund (NDT) could be used for
irradiated fuel management. This exemption would only apply following
NRC approval of the license transfer application and closing of the
underlying transaction.
Consistent with 10 CFR 51.21 the NRC has prepared this final EA to
document its environmental review for the exemption request. Based on
the results of the EA, which is provided in Section II below, and in
accordance with 10 CFR 51.31(a), the NRC has determined it is not
necessary to prepare an environmental impact statement and is therefore
issuing this final FONSI.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would exempt NorthStar VY from the requirements
set forth in 10 CFR 50.82(a)(8)(i)(A) restricting the use of
decommissioning trust funds. Specifically, the proposed action would
allow NorthStar VY to use up to $20 million from the VY NDT, on a
revolving basis, for irradiated fuel management activities, not
associated with radiological decommissioning. The proposed action is in
accordance with the application dated May 25, 2018.
Need for the Proposed Action
NorthStar stated an exemption is needed should the license transfer
request be approved in order for NorthStar VY to access up to $20
million of the NDT, in excess of those funds needed for radiological
decommissioning, on a revolving basis, to fund irradiated fuel
management activities, which are not associated with radiological
decommissioning.
As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust
funds may be used by a licensee if the withdrawals are for expenses for
legitimate decommissioning activities consistent with the definition of
decommissioning in 10 CFR 50.2. This definition addresses radiological
decommissioning and does not include activities associated with
irradiated fuel management. Therefore, NorthStar VY needs an exemption
from 10 CFR 50.82(a)(8)(i)(A) to allow the use of funds from the NDT
for irradiated fuel management activities.
NorthStar states that its cash flow analysis in Enclosure 1 of the
application dated May 25, 2018, demonstrates that the NDT contains
adequate funds to cover the estimated costs of radiological
decommissioning and the additional funds for $20 million in irradiated
fuel management activities that are covered by the exemption request.
The adequacy of funds in the NDT to cover the costs of activities
associated with radiological decommissioning and the additional funds
for $20 million in irradiated fuel management activities through
license termination is supported by NorthStar's revised Post-Shutdown
Decommissioning Activity Report dated April 6, 2017 (ADAMS Accession
No. ML17096A394). The applicant states that application of the 10 CFR
50.82(a)(8)(i)(A) requirement restricting use of the trust fund is not
necessary to ensure that adequate funds will be available for the
radiological decommissioning of VY. Therefore, the applicant states
that an exemption is needed to avoid unnecessary and undue costs to
cover irradiated fuel management expenses from other sources.
Environmental Impacts of the Proposed Action
The proposed action involves an exemption from the requirements
related to use of the NDT that are of a financial nature and allow
NorthStar VY to pay for irradiated fuel management activities with up
to $20 million of the NDT on a revolving basis. This exemption does not
authorize any additional regulatory or land-disturbing activities, but
does allow NorthStar VY to finance irradiated fuel management
activities, which support decommissioning.
In granting the exemptions, the NRC completed an evaluation and
concluded that there was reasonable assurance that adequate funds are
available in the NDT to complete all activities associated with
decommissioning. There is no decrease in safety associated with the use
of the NDT to fund activities associated with irradiated fuel
management.
The proposed licensee will be required to maintain a comprehensive,
regulation-based decommissioning funding oversight program to provide
reasonable assurance that sufficient funding will be available for
radiological decommissioning should the license transfer be approved.
After submitting its site-specific Decommissioning Cost Estimate and
until the licensee has completed its final radiation survey and
demonstrated that residual radioactivity has been reduced to a level
that permits termination of its license, 10 CFR 50.82(a)(8)(v) requires
a licensee to annually submit a financial assurance status report. The
report must include, among other things, amounts spent on
decommissioning, remaining NDT balance, and estimated costs to complete
radiological decommissioning. If the remaining balance, plus expected
earnings, together with any other financial assurance method does not
cover the estimated costs to complete the decommissioning, 10 CFR
50.82(a)(8)(vi) specifies that additional financial assurance must be
provided to cover the cost of completion. These annual reports provide
a means for the NRC to monitor the adequacy of available funding.
Additionally, in accordance with the VY Renewed Facility Operating
License (ADAMS Accession No. ML18156A181), Condition 3.J.a.(iii), the
decommissioning trust agreement must provide that no disbursements or
payments from the trust, other than for ordinary administrative
expenses, shall be made by the trustee until the trustee has first
given thirty days prior written notice to the NRC. Article IV, Section
4.05 of the Master Decommissioning Trust Agreement (ADAMS Accession No.
ML15111A086), by and between Entergy Nuclear Vermont Yankee, LLC, and
The Bank of New York Mellon as Trustee, provides that no disbursements
or payments shall be made by the
[[Page 50968]]
Trustee, other than administrative expenses, in accordance with Section
4.02 of the Master Trust Agreement, until the Trustee has first given
the NRC 30 days prior written notice of payment; provided, however,
that no disbursement or payment from the Trust shall be made if the
Trustee receives prior written notice of objection from the Director of
the Office of Nuclear Reactor Regulation. License condition 3.J.a.(iii)
would still be in effect upon license transfer and NorthStar VY would
remain subject to the disbursement notification condition in the
license.
The environmental impacts of decommissioning have been generically
evaluated by the NRC and documented in NUREG-0586, Supplement 1, NRC's
Generic Environmental Impact Statement on Decommissioning of Nuclear
Power Reactors (GEIS) (ADAMS Accession Nos. ML023470304, ML023470323,
ML023500187, ML023500211, and ML023500223). NorthStar's revised Post-
Shutdown Decommissioning Activity Report (ADAMS Accession No.
ML17096A394) discusses that impacts from planned decommissioning
activities at VY are less than and bounded by the impacts considered in
the GEIS and NUREG-1496, NRC's Generic Environmental Impact Statement
in Support of Rulemaking on Radiological Criteria for License
Termination of NRC-Licensed Nuclear Facilities (ADAMS Accession Nos.
ML042310492, ML042320379, and ML042330385). Based on its review, the
NRC agrees with NorthStar's conclusion that VY decommissioning
activities were bounded by previous analyses.
The exemption does not authorize NorthStar VY to perform new land-
disturbing activities that could affect land use, soils and geology,
water resources, ecological resources, or historic and cultural
resources. The exemption does not authorize NorthStar VY to conduct
additional regulatory activities, outside those already licensed by the
NRC; therefore, there are no incremental effects to air quality,
traffic and transportation, socioeconomics, environmental justice, or
accidents. The exemption only changes the source of funds allowed for
managing irradiated fuel activities. The exemption will not increase
the probability or consequences of accidents. As a result of the
exemption, there are no changes in the types or amounts of effluents
that are, or may be, released offsite. NorthStar VY must continue to
comply with all appropriate NRC regulations related to occupational and
public radiation exposure and thus the exemptions will not result in an
increase to occupational or public doses. Finally, NorthStar VY is
required to maintain adequate funding for the radiological
decommissioning of VY and to provide information regarding this funding
to the NRC. Accordingly, the NRC concludes that there will be no
potential incremental environmental impacts as a result of granting the
exemption.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff could have
denied NorthStar VY's exemption request. Denial of the exemption
request would have resulted in NorthStar VY using funds from the trust
only for radiological decommissioning and not also for irradiated fuel
management activities as described in the exemption request. The
environmental impacts of this alternative would be substantively the
same as the environmental impacts for granting the exemption request
because there are no potential incremental environmental impacts as a
result of granting the exemption request.
Alternative Use of Resources
Since the environmental impacts of the alternative would be
substantively the same as the environmental impacts for granting the
exemption request there would be no difference in the use of resources
for the alternative.
Agencies or Persons Consulted
On October 3, 2018, the NRC notified the State of Vermont of this
EA and FONSI. The NRC staff has determined that the exemption would
have no impact on historic and cultural resources or ecological
resources and therefore no consultations are necessary under Section 7
of the Endangered Species Act and Section 106 of the National Historic
Preservation Act, respectively.
III. Finding of No Significant Impact
NorthStar proposed an exemption from 10 CFR 50.82(a)(8)(i)(A) to
allow the proposed VY licensee (NorthStar VY) to use $20 million from
the NDT for irradiated fuel management activities on a revolving basis.
The proposed action would not have a significant effect on the quality
of the human environment because it involves an exemption from
requirements that are of a financial nature and that do not have an
impact on the environment. The exemption only changes the source of
funds allowed for managing irradiated fuel activities. The exemption
does not authorize NorthStar VY to conduct additional regulatory
activities, outside those already licensed by the NRC; therefore, there
are no incremental effects to air quality, traffic and transportation,
socioeconomics, environmental justice, or accidents. As a result of the
exemption, there are no changes in the types or amounts of effluents
that are, or may be, released offsite. In addition, NorthStar VY must
continue to comply with all appropriate NRC regulations related to
occupational and public radiation exposure, and thus, the exemption
will not result in an increase to occupational or public doses.
Consistent with 10 CFR 51.21, the NRC conducted the environmental
assessment for the proposed action, which concluded that there are no
environmental impacts as a result of the exemption. This FONSI
incorporates by reference the EA included in Section II of this
document. Therefore, the NRC concludes that the exemption does not, and
will not, have significant effects on the quality of the human
environment. Accordingly, the NRC has decided not to prepare an
environmental impact statement for the proposed action.
The related environmental documents are NorthStar's application
dated May 25, 2018; NUREG-0586, Supplement 1, NRC's Generic
Environmental Impact Statement on Decommissioning of Nuclear Power
Reactors (GEIS); NorthStar's revised Post-Shutdown Decommissioning
Activity Report; and NUREG-1496, NRC's Generic Environmental Impact
Statement in Support of Rulemaking on Radiological Criteria for License
Termination of NRC-Licensed Nuclear Facilities. The finding and other
related environmental documents are available for public inspection as
indicated above.
IV. Availability of Documents
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Date Title ADAMS accession no.
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5/25/2018............. Vermont Yankee Nuclear ML18150A315
Power Station--Request
for Exemption from 10
CFR 50.82(a)(8)(i)(A).
[[Page 50969]]
1/12/2015............. Vermont Yankee, ML15013A426
Certifications of
Permanent Cessation of
Power Operations and
Permanent Removal of
Fuel from the Reactor
Vessel.
2/9/2017.............. Vermont Yankee-- ML17045A140
Application for Order
Consenting to Direct
and Indirect Transfers
of Control of Licenses
and Approving
Conforming License
Amendment and
Notification of
Amendment to
Decommissioning Trust
Agreement.
8/15/2018............. ISFSI Only Tech Spec ML18156A181
Amendment Package.
7/31/2002............. Master Decommissioning ML15111A086
Trust Agreement for
Vermont Yankee Nuclear
Power Station.
11/30/2002............ NUREG-0586, Supplement ML023470304
1, Generic ML023470323
Environmental Impact ML023500187
Statement on ML023500211
Decommissioning of ML023500223
Nuclear Facilities
Regarding the
Decommissioning of
Nuclear Power Reactors.
4/6/2017.............. Vermont Yankee Nuclear ML17096A394
Power Station--
Notification of Revised
Post-Shutdown
Decommissioning
Activities Report
(Revised PSDAR).
7/31/1997............. NUREG-1496, Vols. 1-3, ML042310492
Generic Environmental ML042320379
Impact Statement in ML042330385
Support of Rulemaking
on Radiological
Criteria for License
Termination of NRC-
Licensed Nuclear
Facilities.
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Dated at Rockville, Maryland, this 3rd day of October 2018.
For the Nuclear Regulatory Commission.
Kimberly A. Conway,
Acting Chief, Reactor Decommissioning Branch Division of
Decommissioning, Uranium Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2018-21914 Filed 10-9-18; 8:45 am]
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