[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Notices]
[Pages 23083-23085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10488]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-409; NRC-2019-0120]


LaCrosse Solutions, LLC; La Crosse Boiling Water Reactor, Vernon 
County, Wisconsin

AGENCY: Nuclear Regulatory Commission.

ACTION: Final environmental assessment and finding of no significant 
impact; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an 
amendment to Possession Only License DPR-45 to add a license condition 
that reflects the NRC's approval of the license termination plan (LTP) 
for the La Crosse Boiling Water Reactor (LACBWR) and provides criteria 
for when prior NRC approval is needed to make changes to the LTP. The 
NRC has prepared a final environmental assessment (EA) and finding of 
no significant impact (FONSI) for this licensing action.

DATES: The final EA referenced in this document was available on May 6, 
2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0120 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-2019-0120. Address 
questions about Docket IDs 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]. 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: Marlayna Vaaler, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-3178, email: 
[email protected]; U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    In June 2016, LaCrosseSolutions, LLC (LS, the licensee) submitted a 
license amendment request, which included the LTP for LACBWR. The LTP 
was updated by LS in December 2016, May 2018, and November 2018. The 
NRC is considering amending Possession Only License DPR-45 to add a 
license condition that reflects the NRC's approval of the LTP and 
provides criteria for when prior NRC approval is needed to make changes 
to the LTP. As required by of title 10 of the Code of Federal 
Regulations (10 CFR) part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions,'' the NRC 
prepared a final EA. Based on the results of the final EA, as described 
in the following sections, the NRC has determined not to prepare an 
environmental impact statement (EIS) for the LACBWR LTP amendment, and 
is issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action is NRC review and approval of the LACBWR LTP. 
In its license amendment request, LS requested to add a license 
condition: (1) Reflecting the NRC staff's approval of the LTP and (2) 
providing criteria for when prior NRC approval is needed to make 
changes to the LTP. If the NRC approves the LTP, the approval will be 
issued in the form of an amendment to the LACBWR license to add the 
requested license condition.
    The LACBWR LTP provides the details of the plan for characterizing, 
identifying, and remediating the remaining residual radioactivity at 
the LACBWR site to a level that will allow the site to be released for 
unrestricted use. The LACBWR LTP also describes

[[Page 23084]]

how the licensee will confirm the extent and success of remediation 
through radiological surveys, provide financial assurance to complete 
decommissioning, and ensure the environmental impacts of the 
decommissioning activities are within the scope originally envisioned 
in the associated environmental documents. The LTP outlines the 
remaining decommissioning and dismantling activities; decommissioning 
activities at the LACBWR site are scheduled to be complete in 2019, 
with license termination occurring before the end of 2020.

Need for the Proposed Action

    The purpose of and need for the proposed action is to allow for 
completion of decommissioning of the LACBWR site by the licensee, the 
termination of the LACBWR license by the NRC, and the subsequent 
release of the LACBWR site for unrestricted use. The NRC will terminate 
the license if it determines that the site meets the performance-based 
criteria for unrestricted site release, in accordance with 10 CFR 
20.1402, ``Radiological Criteria for Unrestricted Use,'' and that the 
facility has been dismantled in accordance with the LTP.

Environmental Impacts of the Proposed Action

    The NRC assessed the environmental impacts of the license 
termination activities and remaining decommissioning activities and 
determined there would be no significant impact to the quality of the 
human environment.
    During its review of the LACBWR LTP, the NRC concluded the impacts 
for most resource areas--land use, air quality, ecology, 
socioeconomics, historic and cultural resources, aesthetics, noise, and 
transportation--were still bounded by the previously issued 
Decommissioning Generic Environmental Impact Statement (GEIS). 
Therefore, the NRC does not expect impacts beyond those discussed in 
the GEIS, which concluded that the impact level for these issues was 
SMALL.
    In the EA associated with the LACBWR LTP, the NRC evaluated the 
potential site-specific environmental impacts of the remaining 
decommissioning and license termination activities on climate change, 
water resources, environmental justice, and waste management and did 
not identify any significant impacts. For protected species, the NRC 
determined that the proposed action may affect but not likely to 
adversely affect the Higgins eye pearlymussel (Lampsilis higginsii), 
the sheepnose mussel (Plethobasus cyphyus), and the northern long-eared 
bat (Myotis septentrionalis).

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). 
Under the no-action alternative, the NRC would not approve the LACBWR 
LTP or the license amendment request because regulatory requirements 
have not been met. Consequently, the LACBWR license would not be 
terminated, decommissioning and other onsite maintenance and 
operational activities involving the storage of spent nuclear fuel 
would continue, and the remainder of the LACBWR site would not be 
released for unrestricted use. If the NRC was unable to approve the 
LACBWR LTP because the regulatory requirements were not met, then the 
licensee would have to take the necessary actions to ensure the 
regulations are met.

Agencies and Persons Consulted

    On December 19, 2018, the NRC staff sent a copy of the draft EA 
associated with the LACBWR LTP to the Wisconsin Department of Health 
(WDHS) for review and comment. The WDHS responded on January 29, 2019, 
with no comment.
    The NRC consulted with the U.S. Fish and Wildlife Service (FWS) on 
listed protected species at the LACBWR site. On December 20, 2018, the 
NRC requested FWS review and concurrence with the NRC's determination 
that the proposed action may affect, but is not likely to adversely 
affect three federally listed species. FWS concurred with the NRC's 
determination on January 30, 2019.
    The NRC also made a determination that no historic properties would 
be affected, and on December 20, 2018, requested the Wisconsin State 
Historical Society's concurrence on the finding. The State Historical 
Society concurred with the NRC's finding on February 4, 2019.

III. Finding of No Significant Impact

    Based on its review of the proposed action, and in accordance with 
the requirements in 10 CFR part 51, the NRC staff has determined that 
pursuant to 10 CFR 51.31, ``Determinations based on environmental 
assessment,'' preparation of an EIS is not required for the proposed 
action and, pursuant to 10 CFR 51.32, ``Finding of no significant 
impact,'' a FONSI is appropriate.
    On the basis of the final EA, 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 EIS 
for the proposed action.

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 and date               ADAMS Accession Nos./weblink
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License Amendment Request June 27, 2016  ML16200A095.
Supplemented LTP December 1, 2016......  ML16347A026.
LTP Revision 1 May 31, 2018............  ML18169A271 ML18169A235.
LTP Final Consolidated November 15,      ML18331A023.
 2018.
Final EA...............................  ML19031B926.
NUREG-0586, Supplement 1                 https://www.nrc.gov/reading-rm/
 Decommissioning GEIS.                    doc-collections/nuregs/staff/
                                          sr0586/.
Transmittal of Draft EA to WDHS          ML18354B000.
 December 19, 2018.
WDHS Comments on Draft EA January 29,    ML19031B159.
 2019.
Transmittal of Draft EA to FWS December  ML18351A258.
 19, 2018.
FWS Response January 30, 2019..........  ML19031B157.
Transmittal of Draft EA to WSHS          ML18351A219.
 December 19, 2018.
WHS Response February 9, 2019..........  ML19043A773.
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[[Page 23085]]

    Dated at Rockville, Maryland, on May 15, 2019.

    For the Nuclear Regulatory Commission.
Andrew J. Pretzello,
Deputy Director, Division of Fuel Cycle Safety, Safeguards, and 
Environmental Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-10488 Filed 5-20-19; 8:45 am]
 BILLING CODE 7590-01-P