[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18586-18588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08815]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219; NRC-2019-0096]
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 an exemption to Exelon Generation Company, LLC (Exelon or
the licensee) that would change the effective date for the
implementation of exemptions, approved on October 16, 2018. The
proposed action would permit the licensee to reduce its emergency
planning (EP) activities at the Oyster Creek Nuclear Generating Station
(Oyster Creek) and change the effective date from 365 days to 285 days.
DATES: The EA and FONSI referenced in this document are available on
May 1, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0096 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-2019-0096. Address
questions about NRC dockets in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; 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: John G. Lamb, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3100; email: [email protected].
[[Page 18587]]
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuing an exemption, pursuant to section
50.12 of title 10 of the Code of Federal Regulations (10 CFR),
``Specific exemptions,'' from 10 CFR 50.47 and appendix E to 10 CFR
part 50, to change the effective date for implementation of previously-
approved exemptions for Facility Operating License No. DPR-16, issued
on July 2, 1991, for operation of Oyster Creek, which is located in
Ocean County, New Jersey, approximately 2 miles south of Forked River,
New Jersey. The proposed action is in response to the licensee's
application dated October 16, 2018 (ADAMS Accession No. ML18220A980),
for Oyster Creek from certain EP requirements in 10 CFR part 50,
``Domestic Licensing of Production and Utilization Facilities.''
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.
By letter dated September 25, 2018 (ADAMS Accession No.
ML18268A258), Exelon certified that all fuel had been permanently
removed from the Oyster Creek reactor vessel and placed in the spent
fuel pool (SFP). Since Exelon submitted certifications of permanent
cessation of operations and permanent removal of fuel from the reactor
vessel, pursuant to 10 CFR 50.82(a)(2), Oyster Creek is no longer
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 being stored onsite
at Oyster Creek in an SFP and in an independent spent fuel storage
installation.
In accordance with 10 CFR 51.21, the NRC has prepared an
environmental assessment (EA) that analyzes the environmental effects
of the proposed action. Based on the results of the 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 finding of no significant impact (FONSI).
II. Environmental Assessment
Description of the Proposed Action
The proposed action would revise the effective date for previously-
approved exemptions that exempt Exelon from (1) certain standards as
set forth in 10 CFR 50.47, ``Emergency plans,'' 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 appendix E, section IV, to 10
CFR part 50, ``Emergency Planning and Preparedness for Production and
Utilization Facilities,'' which establishes the elements that make up
the content of emergency plans.
These exemptions were approved on October 16, 2018. The proposed
action of granting this exemption to revise the effective date would
shorten the period of time since the reactor has been permanently shut
down and defueled from 365 days to 285 days for the implementation of
exemptions that eliminated 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.
The proposed action is also described in the licensee's application
dated November 6, 2018 (ADAMS Accession No. ML18310A306), as
supplemented by letter dated February 13, 2019 (ADAMS Accession No.
ML19044A643).
Need for the Proposed Action
The proposed action would allow Exelon to revise the Oyster Creek
Emergency Plan once the reactor has been permanently shutdown and
defueled for a period of 285 days instead of 365 days.
In its letter dated November 6, 2018, Exelon stated that complete
application of the EP rule to Oyster Creek, since it is permanently
shut down and defueled, does not serve the underlying purpose of the
rule or is not necessary to achieve the underlying purpose of the rule.
Exelon also stated that it would incur undue hardship or other 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 proposed action would change the effective date for the
implementation of the exemptions that mainly consisted 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. The exemption
is based on the licensee's revised Zirconium Fire Analysis that
demonstrated a reduction of risk after the reactor has been permanently
shut down and defueled for a period of 285 days. However, requirements
for certain onsite capabilities to communicate and coordinate with
offsite response authorities are retained and offsite EP provisions to
protect public health and safety will still exist through State and
local government use of comprehensive emergency management (all-
hazards) planning.
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 and environmental justice
conditions in the region, air quality impacts, and no potential to
affect historic properies. Therefore, there would be no significant
nonradiological environmental impacts associated with the proposed
action.
As stated above, the proposed action would not increase the
probability or consequences of radiological accidents or change the
types of effluents released offsite. In addition, there would be no
significant increase in the amount of any radioactive effluents
released offsite and, no significant increase in occupational or public
radiation exposure. Therefore, there would be 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
denial of the proposed action (i.e., the ``no-action'' alternative).
The denial of the exemption request would result in no change in
current environmental impacts. Therefore, the environmental impacts of
the proposed action and the alternative action would be similar.
[[Page 18588]]
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 April 3, 2019, the New
Jersey state representative was notified of this EA and FONSI.
III. Finding of No Significant Impact
The licensee has requested a change to the effective date for the
implementation of 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, which were approved on October 16, 2018. The proposed
action of granting this exemption to revise the effective date of the
exemptions is based on the licensee's revised Zirconium Fire analysis
that demonstrated a reduction of risk after the reactor has been
permanently shut down and defueled for a period of 285 days. However,
requirements for certain onsite capabilities to communicate and
coordinate with offsite response authorities are retained and offsite
EP provisions to protect public health and safety will still exist
through State and local government use of comprehensive emergency
management (all-hazards) plan.
The NRC is considering issuing the requested exemption. 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. Therefore, the proposed action would not have
a significant effect on the environment. The reason the human
environment would not be significantly affected is that the proposed
exemption would not involve any construction or modification of the
facility.
Consistent with 10 CFR 51.21, the NRC conducted the EA for the
proposed action, and this 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 that there
is no need to prepare an environmental impact statement for the
proposed action.
As required by 10 CFR 51.32(a)(5), 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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Document ADAMS accession No.
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Docket No. 50-219, Request for ML18310A306
Exemptions from Portions of 10 CFR
50.47 and 10 CFR part 50, appendix E,
Oyster Creek Nuclear Generating
Station, November 6, 2018.
Docket No. 50-219, Response to Request ML19044A643
for Additional Information Request for
Exemptions from Portions of 10 CFR
50.47 and 10 CFR part 50, appendix E,
Oyster Creek Nuclear Generating
Station, February 13, 2019.
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.
Docket No. 50-219, Certification of ML18268A258
Permanent Removal of Fuel from the
Reactor Vessel for Oyster Creek
Nuclear Generating Station, September
25, 2018.
Docket No. 50-219, Oyster Creek Nuclear ML18220A980
Generating Station--Exemptions from
Certain Emergency Plan Requirements
and Related Safety Evaluation, October
16, 2018.
Docket No. 50-219, ``Final ML072200150
Environmental 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 26th day of April, 2019.
For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Plant Licensing Branch II-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-08815 Filed 4-30-19; 8:45 am]
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