[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Notices]
[Pages 8124-8126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03965]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-35; NRC-2018-0258]


Energy Northwest, Columbia Generating Station, 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 issuing an 
environmental assessment (EA) and a finding of no significant impact 
(FONSI) for its review and approval of the decommissioning funding 
plans submitted by Energy Northwest (EN) on December 17, 2012, and 
December 15, 2015, for the independent spent fuel storage installation 
(ISFSI) at Columbia Generating Station in Richland, Washington.

DATES: The EA and FONSI referenced in this document are available on 
March 6, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0258 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-2018-0258. Address 
questions about NRC 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

[[Page 8125]]

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: 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 decommissioning funding 
plans (DFPs) for the Columbia Generating Station ISFSI. EN submitted an 
initial DFP and an updated DFP for NRC review and approval by letters 
dated December 17, 2012 (ADAMS Accession No. ML123550043), and December 
15, 2015 (ADAMS Accession No. ML15351A459), respectively. The NRC staff 
has prepared a final EA (ADAMS Accession No. ML19053A293 in support of 
its review of EN'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 implement 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 Columbia Generating Station 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 (EIS) is not 
warranted.

II. Environmental Assessment

Background

    The Columbia Generating Station ISFSI is located in Richland, 
Washington. EN is authorized by the NRC, under License No. SFGL-15, to 
store spent nuclear fuel at the Columbia Generating Station 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 EN on December 
17, 2012, and December 15, 2015. Specifically, the NRC must determine 
whether EN's DFPs contain the information required by 10 CFR 72.30(b) 
and 72.30(c) and whether EN 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 EN's DFPs 
submitted in accordance with 10 CFR 72.30(b) and 72.30(c). To approve 
the DFPs, the NRC evaluates whether the decommissioning cost estimate 
(DCE) adequately estimates the cost to conduct the required ISFSI 
decommissioning activities prior to license termination, including 
identification of the volume of onsite subsurface material containing 
residual radioactivity that will require remediation to meet the 
license termination criteria in 10 CFR 20.1402 or 10 CFR 20.1403. The 
NRC also evaluates whether the aggregate dollar amount of EN financial 
instruments provides adequate financial assurance to cover the DCE and 
that the financial instruments meet the criteria of 10 CFR 72.30(e). 
Finally, the NRC evaluates whether the effects of the following events 
have been considered in EN'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 EN'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 Columbia Generating Station.

Need for the Proposed Action

    The proposed action provides a means for the NRC to confirm that EN 
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 EN'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 (54 U.S.C. 30618) (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 EN'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 EN'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.

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    Under Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) (ESA), 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 EN'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 EN's DFPs. A denial 
of a DFP that meets the criteria of 10 CFR 72.30(b) or 72.30(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 EN's DFPs, which the NRC has 
found to meet the criteria of 10 CFR 72.30(b) and 72.30(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 State of Washington Department of Health, Office 
of Radiation Protection (State) by letter dated July 7, 2016 (ADAMS 
Accession No. ML17139B940), and gave the State 30 days to respond. The 
State did not respond. The NRC also consulted with the Fish and 
Wildlife Service by letter dated July 7, 2016 (ADAMS Accession No. 
ML16189A442). However, the NRC staff has determined that consultation 
under ESA Section 7 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 EN's initial and updated DFPs, submitted in accordance 
with 10 CFR 72.30(b) and 72.30(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 EIS for the proposed 
action but will issue this FONSI.

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 
document.

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                                                        ADAMS Accession
             Date                     Document                No.
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December 17, 2012............  Submission of EN       ML123550043
                                decommissioning
                                funding plan.
December 15, 2015............  Submission of EN       ML15351A459
                                triennial
                                decommissioning
                                funding plan.
February 1, 2009.............  Environmental          ML090500648
                                Assessment for Final
                                Rule--Decommissionin
                                g Planning.
May 15, 2017.................  Note to File re Sct 7  ML17135A062
                                Consultations for
                                ISFSI DFPs.
July 7, 2016.................  Consultation Letter:   ML17139B940
                                ML16189A440-RLSO.
July 7, 2016.................  Ltr M. Zablan, US      ML16189A442
                                FWS, USNRC
                                Preliminary
                                Determination of No
                                Effects Regarding
                                the Columbia
                                Generating Station
                                ISFSI
                                Decommissioning
                                Funding Plan
                                (72[dash]35) L24822.
February 20, 2019............  NRC staff's Final EA   ML19053A293
                                for the approval of
                                the decommissioning
                                funding plan.
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    Dated at Rockville, Maryland, on February 28, 2019.

    For the Nuclear Regulatory Commission.
John McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-03965 Filed 3-5-19; 8:45 am]
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