[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]
 BILLING CODE 7590-01-P