[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2258-2264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01143]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, and 50-287; NRC-2018-0199]
Duke Energy Carolinas, LLC; Oconee Nuclear Station, Units 1, 2,
and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and final finding of no significant
impact; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of amendments to licenses held by Duke Energy Carolinas, LLC,
(Duke Energy, the licensee) for the operation of Oconee Nuclear
Station, Units 1, 2, and 3 (Oconee Nuclear Station). The proposed
amendments would revise the Duke Energy Physical Security Plan for
Oconee Nuclear Station to include additional protective measures during
a specific infrequent short-term operating state, including a
modification that provides additional access restriction. The NRC is
issuing an environmental assessment (EA) and a final finding of no
significant impact (FONSI) associated with the proposed license
amendments.
DATES: The EA and final FONSI referenced in this document are available
on February 6, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0199 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-2018-0199. Address
questions about Docket IDs in Regulations.gov to Krupskaya Castellon;
telephone: 301-287-9221; 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 ``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: Audrey Klett, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0489; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering the issuance of amendments to Duke Energy
for Renewed Facility Operating License Nos. DPR-38, DPR-47, and DPR-55
for the operation of Oconee Nuclear Station, Units 1, 2, and 3,
respectively, located in Oconee County, South Carolina. Duke Energy
submitted its License Amendment Request (LAR) No. 2018-01 by letter
ONS-2018-014 dated February 12, 2018 (Duke Energy 2018a), as
supplemented by letters RA-18-0112 dated August 8, 2018 (Duke Energy
2018b), and RA-18-0139 dated August 23, 2018 (Duke Energy 2018c). The
licensee applied for changes to the Duke Energy Physical Security Plan
under the provisions of Title 10 of the Code of Federal Regulations (10
CFR) Part 50, ``Domestic Licensing of Production and Utilization
Facilities,'' Section 50.90, ``Application for amendment of license,
construction permit, or early site permit.'' In accordance with section
10 CFR 51.21, the NRC prepared the following EA that analyzes the
environmental impacts of the proposed licensing action. Based on the
results of this EA, and in accordance with 10 CFR 51.31(a), the NRC has
determined not to prepare an environmental impact statement for the
proposed licensing action and is issuing a final FONSI.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would revise the Duke Energy Physical Security
Plan for Oconee Nuclear Station to include additional protective
measures during a specific infrequent short-term operating state,
including a modification that provides additional access restriction.
In its application, the licensee stated that it is voluntarily
proposing these changes to further increase the margin of protection
for certain associated components and equipment during certain modes of
operation of the Standby Shutdown Facility.
Installation of the additional protective measure would likely
include placing a floating barrier on the Keowee River. The barrier
would consist of multiple segments connected by cabling and anchored by
concrete abutments that are cast in place. Depending upon the final
design, the concrete abutments would either sit on the ground, which
would require minor clearing and grading prior to installation, or be
buried in the ground, which would require excavation. Duke Energy would
also need to clear and grade a limited area to build a temporary access
road on the east side of the Keowee River. A temporary laydown area
would be created near the access road to hold formwork, rebar, spoil,
and other construction-related materials and equipment. (Duke Energy
2018b)
During construction, Duke Energy (2018b) would use a rubber tire
crane that is less than 100 feet (ft) (30 meters (m)) tall when fully
extended, one rubber tire front end loader, one excavator, two 10-yard
dump trucks, and delivery vehicles (e.g. flatbed and concrete trucks)
to complete all construction activities.
Temporarily disturbed areas from all construction activities would
be less than 0.5 acre (ac) (0.2 hectare (ha)). Permanently disturbed
areas associated with the abutments would be less than 0.1 ac (0.04
ha). Duke Energy would complete all construction activities within
twelve weeks. Once construction is complete, the floating barrier would
remain in the river, permanently attached to the abutments. (Duke
Energy 2018b)
Need for the Proposed Action
Duke Energy is applying for the license amendments in accordance
with 10 CFR 50.90. These amendments would further increase the margin
of protection for certain associated components and equipment during
certain modes of operation of the Standby Shutdown Facility.
Plant Site and Environs
Oconee Nuclear Station is located on 210 ha (510 ac) in a rural
part of northwestern South Carolina. The site consists of rolling hills
with several
[[Page 2259]]
intermittent streams flowing away from the center of the site in a
radial pattern. Oconee Nuclear Station is within the drainage area of
the Little and Keowee Rivers, which flow southerly into the Seneca
River and subsequently discharge into the main drainage course of the
Savannah River. Lake Keowee is immediately north and west of the site,
and the Keowee River (a tributary coming from Lake Keowee) runs through
the site. The Keowee Dam, located between the Keowee River and Lake
Keowee, limits the hydrological and biological connection between these
two waterbodies (NRC 1999).
The project area includes an embanked portion of the Keowee River
near the headwaters of the Keowee Dam. The entire project area has been
previously disturbed and is currently covered by grasses and low shrubs
on the east side of the river and rip-rap on the west side of the
river. Fish likely to occur within this portion of the Keowee River
include centrarchids, particularly redbreast sunfish, bluegill, and
redear sunfish (FERC 2016). In addition, striped bass, a South Caroline
State Conservation Species of Moderate Priority, inhabits the
tailwaters of the Keowee Dam and, therefore, has the potential to occur
near the project area. U.S. Fish and Wildlife Service's (FWS) National
Wetlands Inventory indicates that freshwater emergent wetlands, lake
wetlands, and riverine wetlands occur within the project area (FWS
2018a). Federally protected species and migratory birds may occur
within the vicinity of the proposed project site, although no federally
protected species are known to occur within the proposed construction
site (NRC 1999, Duke Energy 2018b).
Within the vicinity of the project area, vegetated areas include
patches of hardwood forests with common species such as northern red
oak (Quercus rubra), American beech (Fagus grandifolia), and loblolly
pine (Pinus taeda). Common grasses and shrubs include Japanese
honeysuckle (Lonicera japonica), fescue (Festuca spp.), and broomsedge
(Andropogon virginicus).
Environmental Impacts of the Proposed Action
Radiological Impacts
The NRC staff is conducting a safety review to determine if the
process changes to the licensee's physical security plan are
acceptable. With regard to potential radiological environmental
impacts, if the proposed changes are acceptable, the NRC staff has
concluded that the proposed action would not increase the probability
or consequences of radiological accidents. Additionally, the NRC staff
has concluded that the proposed changes 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 changes. Physical changes would be limited to the
construction of the floating physical barrier in the proposed action.
No modifications would be made to the reactor coolant system pressure
boundary, nor would the proposed action make any other physical changes
to the reactor facility design, material, or construction standards.
Therefore, there are no significant radiological environmental impacts
associated with the proposed action.
Land Use
All construction activities would occur within an industrial area
that is part of the owner controlled area of the Oconee Nuclear Station
site (Duke Energy 2018b). In addition, the permanently added floating
barrier and abutments would be within the owner controlled area of the
Oconee Nuclear Station site. Therefore, no change to land use would be
expected.
Visual Resources
During construction activities, construction equipment and vehicles
may be visible to the public from a nearby road (Walhalla Highway). The
permanent floating barrier may be also be visible to the public from
the nearby road, although it would not be as prominent as the
construction equipment due to its low height. Due to the distance and
trees within the surrounding area, the project area would not be in the
viewshed of any residences.
The viewshed within the project area includes a few trees and
natural areas but is generally dominated by industrial buildings and
highly modified landscapes, such as mowed lawns and concrete dams.
Therefore, the addition of construction vehicles, construction
equipment, and the floating barrier would not significantly affect
visual resources given that the viewshed already contains human-
modified structures and is part of an industrial setting at the Oconee
Nuclear Station site.
Air Quality
Oconee Nuclear Station is located in Oconee County, which is
designated unclassifiable/attainment for all criteria pollutants (40
CFR 81.341). During construction, earth-moving equipment, non-road
vehicles, and worker and delivery vehicles would be sources of air
emissions. Earth moving activities, including excavation, clearing, and
compacting, would generate fugitive dust on site. However, the limited
duration and size of the construction site would limit the amount of
dust generated. Operation of construction equipment would emit
pollutants on site from the combustion of fuels in equipment. Based on
the number of vehicles required and length of construction activities,
Duke Energy (2018b) estimated that air emissions would not exceed 3.5
tons of Nitrogen Oxides (NOX) or 0.75 tons Carbon Monoxide
(CO) per month during construction. Given these relatively low emission
levels and the temporary nature of the construction activities (twelve
weeks or less), the proposed action would not significantly affect 40
CFR 81.341.
Noise
At the construction site, Duke Energy (2018b) estimated that noise
levels from construction equipment would be less than 85 A-weighted
decibels (dBA). Duke Energy (2018b) estimated that the noise level at
the nearest sensitive noise receptor, which is a private residence
located approximately 0.4 miles (mi) (0.6 kilometers (km)) northeast of
the construction site, as a result of construction equipment would not
exceed 38 dBA. This level is below the normal conversational level of
50 dBA and, therefore, the impact is not expected to be significant.
Water Resources
No direct impacts to surface or ground water would be expected
because no in-water construction would occur. Runoff from construction
areas could potentially affect downstream surface water quality if not
properly managed. Duke Energy (2018b) would use various chemicals, such
as oils, diesel fuel, fuel oil, gasoline, and hydraulic fluid, during
installation of the floating barrier and abutments. To minimize the
potential for chemical and contaminants to spill or runoff into nearby
waterbodies, such as the Keowee River, Duke Energy would follow several
best management practices and permit requirements. For example, Duke
Energy (2018b) would follow its nuclear fleet procedures that govern
the control of chemicals, such as labeling and storage procedures. In
addition, Duke Energy (2018b) would develop a detailed erosion and
sedimentation control plan in accordance with South Carolina Department
of Health and
[[Page 2260]]
Environmental Control (SCDHEC) permitting requirements. This would
include the appropriate erosion control methods to prevent silt and
sediment from reaching waterbodies during construction. To prevent
potential spills from traveling into the river, chemicals and oil-
filled equipment will be stored in temporary berms to contain any
unintended spillage that may occur. Lastly, trained personnel will
refuel equipment and worker vehicles within the site garage rather than
at the project area to help ensure workers are trained to contain any
unintended spills and to increase the distance between a potential
spill and the river. Given the lack of direct impacts and mitigation
measures and permit requirements to minimize runoff and erosion, the
proposed action would not significantly impact water resources.
Terrestrial Resources
Construction activities would be limited to a small area (less than
0.5 ac (0.2 ha)) and would occur in a previously disturbed habitat that
is currently covered by grasses and low shrubs on the east side of the
river and rip-rap on the west side of the river (Duke Energy 2018b).
Once construction is complete, abutments would remain on the ground
adjacent to the river. This permanent disturbance would be limited to
less than 0.1 ac (0.04 ha) and would remove common or weedy grasses and
shrubs (Duke Energy 2018b). Directly affected vegetation would be
limited to common or non-native species, which are abundant within the
region and provide relatively low-quality habitat for birds and
wildlife in comparison to forests and wetland habitats. Although
wetlands and riparian zones along river banks can provide important
habitat for certain species, wetlands and riparian zones within the
project area have been highly modified from previous disturbances.
Noise from construction activities could disturb birds and
wildlife. This impact would be minor because wildlife and birds within
the area would likely be tolerant of human activity given that the
project area is located within an industrial site that has been in
operation for decades. If noise or other activities disturb wildlife
and birds, such individuals could move out of the immediate area and
find adequate, similar habitat within the vicinity. Once construction
activities are complete, birds and wildlife could return to the area.
The closest upland forest, which provides high quality habitat for
wildlife and birds, is approximately 0.5 mi (0.8 km) from the project
site (NRC 1999, Duke Energy 2018b). Given the distance to this higher
quality habitat, noise and other disturbances would be negligible.
FWS's Environmental Conservation Online System (ECOS) Information
for Planning and Conservation (IPaC) database indicated that the
following three migratory bird species may occasionally occur within
the project area (FWS 2018a):
Bald eagle (Haliaeetus leucocephalus): may occur in fall;
Eastern whip-poor-will (Antrostomus vociferous): may occur
in spring; and
Red-headed woodpecker (Melanerpes erythrocephalus): may
occur in fall.
These three species are protected under the Migratory Bird Treaty
Act of 1918, as amended, which makes it illegal to take, possess,
import, export, transport, sell, purchase, barter, or offer for sale,
purchase, or barter, any migratory bird, or the parts, nests, or eggs
of such a bird, except under the terms of a valid Federal permit. The
bald eagle was previously listed as an endangered species under the
Endangered Species Act, but delisted in 2007 due to an increase in
population. The bald eagle continues to be protected under the Bald and
Golden Eagle Protection Act of 1940, as amended.
NRC (1999) reported that migratory birds, such as bald eagles and
peregrine falcons (Falco peregrinus), occasionally forage or rest near
the Oconee Nuclear Station site for limited portions of the year. These
species are not known to nest or otherwise occur within the project
area (NRC 1999). The highest density of bald eagles that occur near the
Oconee Nuclear Station is several miles away at the Jocassee and Bad
Creek Reservoirs (NRC 1999). The closest bald eagle nests are
approximately 15 miles (24 km) south and 17 miles (28 km) north of the
proposed site (SCDNR 2019). It is unlikely that bald eagles or other
migratory birds commonly use the project area given the minimal amount
of suitable habitat within the project area and because migratory birds
have only been documented as occasionally or rarely inhabiting the
areas surround the site. The short construction timeframe (twelve weeks
or less) further reduces the likelihood that a migratory bird, which
only occurs within the area for a limited amount of time, would occur
within the project area during construction. As described above,
impacts to migratory birds would be minimal given the distance from the
project site to higher-quality habitat, which would reduce any noise or
other activity that could cause a disturbance. In addition, Duke Energy
(2018b) stated that no tree cutting would occur. Therefore, the
proposed project would not result in any direct impacts to nesting
habitat. Duke Energy (2018b) also stated that if construction methods
changed and any tree cutting did occur, Duke Energy would follow its
nuclear fleet procedures which require a natural resource evaluation be
conducted prior to tree cutting. Duke Energy (2018b) would use this
evaluation to determine whether it needed to conduct additional
activities to comply with the Migratory Bird Treaty Act of 1918. During
construction, bird collisions with construction equipment could result
in increased mortality caused by the presence of tall structures, such
as the rubber tire crane that is approximately 100 ft (30 m) tall when
fully extended. Migratory songbirds would be most likely to collide
with cranes or other equipment because of their propensity to migrate
at night, their low flight altitudes, and their tendency to be trapped
and disoriented by artificial light (Ogden 1996, NRC 2013). NRC (2013)
reviewed bird collisions with plant structures at nuclear power plants
and determined that collision rates were negligible sources of bird
mortality with plants that have cooling towers 100 ft (30 m) in height.
The construction equipment for this proposed action would be smaller in
size and similar or smaller in height than an operating nuclear power
plant; therefore, the impacts from bird collisions at the project site
would be bounded by the conclusions the NRC staff reached in its review
of bird collisions at operating nuclear power plants with cooling
towers 100 ft (30 m) in height.
Duke Energy is not aware of any terrestrial sensitive, rare, or
State-listed species known to occur near the project area due to the
lack of suitable habitat (Duke Energy 2013, 2014, and 2018b). See below
for a discussion of federally-listed species that could occur near the
project area.
Based on the limited habitat that would be temporarily or
permanently disturbed, the low-quality habitat in the project area, the
lack of sensitive or rare species within the construction area, the
distance to higher-quality habitats, and because any displacement of
wildlife would be temporary, the NRC staff determined that the impacts
on terrestrial resources would not be significant.
Aquatic Resources
Construction activities are not expected to result in any direct
impacts to aquatic resources, such as habitat
[[Page 2261]]
loss, because no in-water construction activities would occur. Runoff
could degrade water quality and aquatic habitats within the Keowee
River. However, the NRC staff expects these impacts to be minor based
on the best management practices and permit requirements discussed
above to minimize erosion and runoff of contaminants.
Once construction is complete, the barrier would remain within the
river and float on top of the water's surface. During periods of low
flow, portions of the barrier may rest on each river bank. The floating
barrier could interfere with the migration or foraging activities for
aquatic species that could not travel past the barrier or that could
get stuck within the barrier, especially during periods of low flow,
where the barrier would rest on portions of river bank. Nonetheless,
the barrier would be placed within an area of low-quality aquatic
habitat that has been highly disturbed due to the operating dam, which
limits the biological connection with Keowee Lake, and the artificially
lined river bank. In addition, most fish would be able to travel below
the floating barrier to avoid entrapment. In addition, nearly all of
the fish within this portion of the river are common species (FERC
2016), and any injury, mortality, or loss of prey or foraging habitat
would not be significant for the population.
The only rare, State, or federally listed species known to occur
within the tailwaters of the Keowee Dam is the striped bass, which is a
State Conservation Species of Moderate Priority. However, striped bass
in the tailwaters of the Keowee Dam come from the stocked population
downstream in Hartwell Lake and, therefore, are not naturally occurring
nor self-sustained through natural reproduction (FERC 2016). Impacts
would likely be minor to this species because fish would swim below the
barrier to avoid entrapment. The project area does not provide
important habitat for striped bass given the human-modified embankment
and because known fish species in the project area do not appear to
include preferred prey for the striped bass (e.g. clupeids) (FWS 1989).
Based on the lack of in-water construction activities, the use of
best management practices and permit requirements to minimize erosion
and runoff, the low-quality aquatic habitat within the project area,
and the ability of fish to swim below the floating barrier to avoid
entrapment, impacts to aquatic resources would not be significant.
Special Status Species and Habitats
Under section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq.) (ESA), Federal agencies must consult with the
FWS or the National Marine Fisheries Service, as appropriate, to ensure
that actions the agency authorizes, funds, or carries out are not
likely to jeopardize the continued existence of any listed species or
result in the destruction or adverse modification of critical habitat.
Action Area
The implementing regulations for section 7(a)(2) of the ESA define
``action area'' as ``all areas to be affected directly or indirectly by
the Federal action and not merely the immediate area involved in the
action'' (50 CFR 402.02). The action area effectively bounds the
analysis of ESA-protected species and habitats because only species
that occur within the action area may be affected by the Federal
action.
For the purposes of this ESA analysis, the NRC staff considers the
action area to include the project site and immediate surrounding
areas, including the temporary construction access road and laydown
area, the area where the abutments will be permanently placed, the
portion of the Keowee River where the floating barrier would be placed,
and the surrounding area where runoff drains and activities would be
audible to wildlife. The NRC staff expects all direct and indirect
effects of the proposed action to be contained within these areas.
Protected Species
The NRC staff used FWS's ECOS IPaC database to determine species
that may be present in the action area. The ECOS IPaC tool identified 7
listed species with the potential to occur in the action area (FWS
2018b) (see Table 1). No federally listed fish or mussels or any
candidate species, proposed species, or designated critical habitat
occurs within the project area (FERC 2016, FWS 2018b).
Table 1--Federally Listed Species With Potential To Occur in the Action
Area
------------------------------------------------------------------------
Species Common name Status \a\
------------------------------------------------------------------------
Mammals:
Myotis septentrionalis......... northern long-eared T
bat.
Reptiles:
Clemmys muhlenbergii........... bog turtle.......... SAT
Plants:
Echinacea laevigata............ smooth coneflower... E
Hexastylis naniflora........... dwarf-flowered T
heartleaf.
Isotria medeoloides............ small whorled T
pogonia.
Sarracenia rubra ssp. jonesii.. mountain sweet E
pitcher-plant.
Trillium persistens............ persistent trillium. E
------------------------------------------------------------------------
\a\ SAT = Federally listed due to similarity of appearance to another
listed species, E = Federally listed as endangered, T = Federally
listed as threatened at 50 CFR 17, ``Endangered and threatened
wildlife and plants,'' under the provisions of the Endangered Species
Act.
Source: FWS 2018b.
Northern Long-Eared Bat
The northern long-eared bat (Myotis septentrionalis) is listed as
federally threatened (80 FR 17974, dated 04/02/15). Duke Energy (2018b)
is not aware of any northern long-eared bats within the action area.
During 2012 and 2013, Duke Energy conducted bat surveys for the Keowee-
Toxaway relicensing project and did not observe any bats at or near
Keowee Dam, along the Lake Keowee shoreline, nor within the associated
islands during the ANABAT and SONOBAT acoustic surveys (Duke Energy
2015, FERC 2016). In 2015, Duke Energy (2015) conducted summer habitat
surveys for the northern long-eared bat in another portion of the
Oconee Nuclear Station site but did not find any evidence of suitable
summer maternity habitat. However, Duke Energy (2015) concluded that
potential habitat could occur on site. Therefore, the NRC staff
determined that limited potential roosting habitat for the northern
long-eared bat could occur within the vicinity of the action area,
including forested areas on the perimeter of the Oconee Nuclear Station
site. However, the distance from the action area to potential roosting
habitat indicates that construction activities would barely be audible
to bats and would not disturb them. No direct impacts to roosting
habitat would be expected because Duke Energy would not cut any trees
during construction according to the current construction plan (Duke
2018b).
The action area does not contain important foraging habitat, which
FWS defines as areas within a mature forest understory 1 to 3 m (3 to
10 ft) above the ground but below the canopy (80 FR 17974). Northern
long-eared bats may occasionally forage over small forest clearings, in
water, and along roads, which do occur within the project area.
However, northern long-eared bats forage at night, with peak activity
period within 5 hours after sunset followed by a secondary peak within
8 hours after
[[Page 2262]]
sunset (80 FR 17974). Construction activities would not occur at night
and, therefore, the proposed action would not affect bat foraging if it
were to occur on or near the action area.
Based on the distance to potential roosting habitat, the lack of
tree cutting, the lack of preferred foraging habitat, and because
construction activities would not occur when bats forage at night, the
NRC staff determined that the proposed action would have no effect on
the northern long-eared bat.
Bog Turtle
The bog turtle (Clemmys muhlenbergii) is federally listed because
of its similarity in appearance to the northern population of bog
turtles (62 FR 59605, dated 11/04/97). A species that is listed due to
similarity of appearance is not biologically endangered or threatened
and is not subject to Section 7 consultation. Therefore, this species
is not discussed further in this assessment.
Plants
Five federally listed plants have the potential to occur within the
action area (see Table 1). Duke Energy determined that suitable habitat
for these five listed plants is confined to natural areas, or less
disturbed high-quality habitat that occurs along the periphery of the
Oconee Nuclear Station site (Duke Energy 2013, 2014, 2018b). The
project area is 0.5 mi (0.8 ha) from the closest natural area that
could contain suitable habitat for these species. The NRC staff also
reviewed the habitat requirements for these species and determined that
no suitable habitat occurs within the action area (NRC 1999, FWS
2018b). Given that suitable habitat does not occur within the action
area, the proposed action would have no effect on any Federally listed
plant species.
ESA Effect Determination
The NRC staff concludes that the proposed action would have no
effect on Federally endangered, threatened, or candidate species.
Federal agencies are not required to consult with the FWS if they
determine that an action will not affect listed species or critical
habitats (FWS 2013). Thus, the ESA does not require consultation for
the proposed action, and the NRC considers its obligations under ESA
Section 7 to be fulfilled for the proposed action.
Historic and Cultural Resources
The area of potential effect of the proposed action consists of the
0.5 ac (0.2 ha) where construction activities would occur. The area of
potential effect consists of areas that have been previously disturbed.
There are no National Register of Historic Places listed or eligible
within the area of potential effect. Furthermore, Duke Energy is not
aware of any cultural resources within the proposed construction area
(Duke Energy 2018b). If the project resulted in an unexpected discovery
of a cultural resource, Duke Energy would follow its nuclear fleet
procedure for land disturbing activities, which requires work to halt
upon the discovery of any archeological material (e.g., pottery,
arrowheads, and bones). If Duke Energy identifies these items, the work
is required to stop, and the workers performing the land disturbing
activities are required to immediately notify the site Environmental
Field Services group. Environmental personnel are then required to
engage the appropriate State agencies to determine the appropriate
actions to be taken prior to resuming work activities. (Duke Energy
2018b)
Given no known historic properties and cultural resources within
the area of potential effect, Duke Energy's procedures for land
disturbing activities and inadvertent discovery of a cultural resource,
and that construction activities would occur within previously
disturbed areas, there would be no significant impacts to historic or
cultural resources at Oconee Nuclear Station.
Socioeconomic
Potential socioeconomic impacts from the proposed construction
activities include increased demand for short-term housing and public
services and increased traffic due to the temporary increase in the
size of the workforce during construction. However, Duke Energy could
utilize existing resources including the onsite workforce or local
contractors to conduct the proposed activities. Construction activities
would be limited to twelve weeks or less, and once construction is
completed, no additional workforce is anticipated. Therefore,
socioeconomic impacts would not be significant.
Environmental Justice
The environmental justice impact analysis evaluates the potential
for disproportionately high and adverse human health and environmental
effects on minority and low-income populations that could result from
activities associated with the proposed action. Such effects may
include human health, biological, cultural, economic, or social
impacts. Minority and low-income populations are subsets of the general
public residing in the vicinity of Oconee Nuclear Station, and all are
exposed to the same health and environmental effects generated from the
proposed action.
According to the 2010 Census 6.1 percent of the population residing
within a 5-mile radius of Oconee Nuclear Station identified themselves
as minority (MCDCCAPS 2018). Additionally, according to the U.S. Census
Bureau's 2012-2016 American Survey 5 Year Estimates, 1,187 individuals
(11.5 percent) residing within 5-miles of Oconee Nuclear Station live
below the Federal poverty threshold (MCDCCAPS 2018). The 2016 Federal
poverty threshold was $24,563 for a family of four.
Based on the analysis of human health and environmental impacts
presented in this environmental assessment, the NRC did not identify
high and adverse human health or environmental impacts. Therefore, the
NRC concludes that the proposed action would not result in
disproportionately high or adverse impacts on minority and low-income
populations.
Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff considered
denial of the proposed license amendments (i.e., the ``no-action''
alternative). Denial of the application would result in no change in
current environmental conditions or impacts. However, the no-action
alternative would not accomplish the need for the proposed action.
Alternative Use of Resources
There are no unresolved conflicts concerning alternative uses of
available resources under the proposed action.
Agencies and Persons Consulted
The NRC staff did not enter into consultation with any other
Federal or State agency regarding the environmental impact of the
proposed action. However, on October 10, 2018, the NRC notified the
South Carolina State officials (Ms. Susan Jenkins, Mr. David Scaturo,
and Mr. Crispulo Isiminger of the South Carolina Department of Health
and Environmental Control) of the proposed amendments.
III. Final Finding of No Significant Impact
The licensee has requested license amendments pursuant to 10 CFR
50.90 to modify the Duke Energy Physical Security Plan for Oconee
Nuclear Station to include additional protective measures during a
specific infrequent short-term operating state, including a
modification that provides additional access restriction. The NRC is
[[Page 2263]]
considering issuing the requested amendments. 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. The
environment would not be significantly affected because the proposed
changes would only result in minor ground disturbing activities and
occur within low-quality aquatic and terrestrial habitat, the increase
in workforce would be small and temporary, and all impacts to the
natural environmental would be minor and confined to the Oconee Nuclear
Station site. In addition, no cultural resources occur within the
project area, and the proposed action would have no effect on any
federally-listed species. This final FONSI incorporates by reference
the EA in Section II of this notice. 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 determined not to
prepare an environmental impact statement for the proposed action.
Previous considerations regarding the environmental impacts of
operating Oconee in accordance with its renewed operating licenses are
described in the following document: NUREG-1437, Supplement 2,
``Generic Environmental Impact Statement for License Renewal of Nuclear
Plants: Oconee Nuclear Station, Units 1, 2, and 3,'' Final Report,
dated December 1999 (ADAMS Accession No. ML003670637).
This final FONSI and other related environmental documents may be
examined and/or copied for a fee at the NRC's PDR located at One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Publicly-
available records are also accessible online in the ADAMS Public
Documents collection at 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.
------------------------------------------------------------------------
ADAMS Accession No.,
Document Federal Register Notice,
or URL address
------------------------------------------------------------------------
10 CFR Part 50. Code of Federal 10 CFR 50.
Regulations, Title 10, Energy, Part 50,
``Domestic licensing of production and
utilization facilities''.
10 CFR Part 51. Code of Federal 10 CFR 51.
Regulations, Title 10, Energy, Part 51,
``Environmental protection regulations for
domestic licensing and related regulatory
functions''.
40 CFR 81. Code of Federal Regulations, 40 CFR 81.
Title 40, Protection of Environment, Part
81, ``Designation of Areas for Air Quality
Planning Purposes''.
50 CFR 17.3. U.S. Fish and Wildlife 50 CFR 17.
Service. 2006. ``Endangered and Threatened
Wildlife and Plants; Definitions''.
50 CFR Part 402. Code of Federal 50 CFR 402.
Regulations, Title 50, Wildlife and
Fisheries, Part 402, ``Interagency
Cooperation--Endangered Species Act of
1973, as Amended''.
62 FR 59605. U.S. Fish and Wildlife 62 FR 59605.
Service. Endangered and Threatened 11/04/97.
Wildlife and Plants; Final Rule to List
the Northern Population of the Bog Turtle
as Threatened and the Southern Population
as Threatened Due to Similarity of
Appearance: 62 (213): 59605-59623.
November 4, 1997.
80 FR 17974. U.S. Fish and Wildlife 80 FR 17974.
Service. Endangered and Threatened 04/02/15.
Wildlife and Plants; Threatened Species
Status for the Northern Long-Eared Bat
With 4(d) Rule: 80 (63): 17974-18033.
April 2, 2015.
Duke Energy. 2013. Oconee Nuclear Station ML18225A076.
SWPPP Spoil Project Ecological Assessment 08/08/18.
Summary Report. Prepared by: Duke Energy (see Attachment 1).
Environmental Services Water & Natural
Resources, February 5, 2013 (Duke Energy
2013).
Duke Energy. 2014. Oconee Nuclear Station ML18225A076.
Fukushima Flex Building Project Ecological 08/08/18.
Assessment Summary Report. Prepared by: (see Attachment 1).
Duke Energy Environmental Services Water &
Natural Resources, February 5, 2013 (Duke
Energy 2014).
Duke Energy. 2015. Listed Species ML18225A076.
Assessment for the Duke Energy Oconee 08/08/18.
Nuclear Station Independent Spent Fuel (see Attachment 1).
Storage Facility in Phase IX Expansion,
Oconee County, South Carolina. Duke Energy
Corporation, July 20, 2015 (Duke Energy
2015).
Duke Energy. 2018. License Amendment ML18046A080.
Request for Approval of Changes to 02/12/18.
Physical Security Plan, dated February 12,
2018 (Duke Energy 2018a).
Duke Energy. 2018. Supplement to License ML18225A076.
Amendment Request for Approval of Changes 08/08/18.
to Physical Security Plan, August 8, 2018
(Duke Energy 2018b).
Duke Energy. 2018. Supplement 2 to License ML18239A112.
Amendment Request for Approval of Changes 08/23/18.
to Physical Security Plan, dated August
23, 2018, (Duke Energy 2018c).
Federal Energy Regulatory Commission. 2016. https://www.ferc.gov/
Final Environmental Assessment of industries/hydropower/
Hydropower License, Keowee-Toxaway enviro/eis/2016/P-2503-154-
Hydroelectric Project_FERC Project No. EA.pdf.
2503-154, South Carolina and North
Carolina. March 2016 (FERC 2016).
Missouri Census Data Center Circular Area http://mcdc.missouri.edu/
Profiling System. 2018. Aggregate Census applications/capsACS.html.
Block Group Estimates in a 5-mile radius
around Oconee Nuclear Station (34.794230
Lat.; -82.898960 Long; <5 miles) (MCDCCAPS
2018).
South Carolina Department of Natural http://www.dnr.sc.gov/
Resources. 2019. South Carolina's Bald wildlife/baldeagle/
Eagles-Nest Locations. Accessed on January locations.html.
29, 2019. (SCDNR 2019).
U.S. Fish and Wildlife Service. 1983-19. ML072060572.
Species profiles: life histories and 12/01/89.
environmental requirements of coastal
fishes and invertebrates. U.S. Fish Wildl.
Serv. Riol. Rep. 82(11). U.S. Army Corps
of Engineers TR EL-82-4 (FWS 1989).
U.S. Fish and Wildlife Service. Endangered ML16120A505.
Species Consultations Frequently Asked 07/15/13.
Questions, dated July 15, 2013 (FWS 2013).
U.S. Fish and Wildlife Service. 2018. IPaC ML18270A146.
Resource List for the Oconee License 09/11/18.
Amendment Request, September 11, 2018 (FWS
2018a).
[[Page 2264]]
U.S. Fish and Wildlife Service. 2018. ML18270A144.
Letter from South Carolina Ecological 09/26/18.
Services Field Office, FWS. Subject:
Updated list of threatened and endangered
species that may occur in your proposed
project location, and/or may be affected
by your proposed project, September 26,
2018 (FWS 2018b).
U.S. Nuclear Regulatory Commission. 1999. ML003670637.
NUREG[dash]1437, Supplement 2, Generic 12/31/99.
Environmental Impact Statement for License
Renewal of Nuclear Plants: Oconee Nuclear
Station, Units 1, 2, and 3. Final Report,
December 1999 (NRC 1999)..
U.S. Nuclear Regulatory Commission. 2013. ML13107A023 (Package).
Generic Environmental Impact Statement For 06/30/13.
License Renewal Of Nuclear Plants.
Revision 1, Volume 1, 2, And 3.
Washington, DC: NRC. NUREG-1437, June 19,
2013 (NRC 2013).
Ogden LJ. 1996. Collision Course: The http://
Hazards of Lighted Structures and Windows digitalcommons.unl.edu/
to Migrating Birds. Fatal Light Awareness flap/
Program (FLAP). Paper 3, (Ogden 1996). 3?utm_source=digitalcommon
s.unl.edu%2Fflap%2F3&utm.
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 31st day of January, 2019.
For the Nuclear Regulatory Commission.
Audrey Klett,
Project Manager, Plant Licensing Branch II-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-01143 Filed 2-5-19; 8:45 am]
BILLING CODE 7590-01-P