[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.
[[Page 8126]]
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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