[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28357-28360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12799]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219; NRC-2018-0237]


Holtec Decommissioning International, 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 exemptions in response to a November 30, 2018, request from 
Holtec

[[Page 28358]]

Decommissioning International, LLC (HDI), for the Oyster Creek Nuclear 
Generating Station (Oyster Creek). The exemptions would permit HDI to 
use funds from the Oyster Creek decommissioning trust fund (DTF or the 
Trust) for irradiated fuel management activities and site restoration. 
The exemptions would also allow HDI to use withdrawals from the Trust 
for these activities without prior notification to the NRC. The NRC is 
issuing a final Environmental Assessment (EA) and final Finding of No 
Significant Impact (FONSI) associated with the proposed exemptions.

DATES: The EA and FONSI referenced in this document are available on 
June 18, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0237 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-2018-0237. Address 
questions about NRC 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]. 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: Amy M. Snyder, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6822; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of exemptions from paragraphs 
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of 
Federal Regulations (10 CFR) for Renewed Facility Operating License No. 
DPR-16, issued to Exelon Generation Company, LLC (Exelon) for the 
Oyster Creek facility located in Ocean County, New Jersey. On August 
31, 2018, Exelon, Oyster Creek Environmental Protection, LLC (OCEP), 
and HDI submitted a License Transfer Application (LTA) requesting NRC 
approval to transfer the Oyster Creek Renewed Facility Operating 
License and the General License for the Oyster Creek Independent Spent 
Fuel Storage Installation (ISFSI) to OCEP, as the licensed owner, and 
to HDI, as the licensed operator.
    By letter dated November 30, 2018 (ADAMS Accession No. 
ML18334A215), HDI requested exemptions from 10 CFR 50.82(a)(8)(i)(A) 
and 10 CFR 50.75(h)(1)(iv). The exemptions would allow HDI to use funds 
from the Trust for irradiated fuel management and site restoration 
activities without prior notice to the NRC, in the same manner that 
funds from the Trust are used under 10 CFR 50.82(a)(8) for 
decommissioning activities. These exemptions would only apply following 
NRC approval of the LTA and closing of the underlying transaction.
    In accordance with 10 CFR 51.21, the NRC prepared the following EA 
that analyzes the environmental impacts of the proposed action. Based 
on the results of this EA, which are provided in Section II of this 
document, 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 final FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would partially exempt HDI from meeting the 
requirements set forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(1)(iv). Specifically, the proposed action would allow HDI to 
use funds from the Trust for irradiated fuel management and site 
restoration activities not associated with radiological decontamination 
and would exempt HDI from meeting the requirement for prior 
notification to the NRC for these activities.
    The proposed action is in accordance with HDI's application dated 
November 30, 2018 (ADAMS Accession No. ML18334A215).

Need for the Proposed Action

    As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust 
funds may be used by HDI if the withdrawals are for legitimate 
decommissioning activity expenses, consistent with the definition of 
decommissioning in 10 CFR 50.2. This definition addresses radiological 
decontamination and does not include activities associated with 
irradiated fuel management or site restoration. Similarly, the 
requirements of 10 CFR 50.75(h)(1)(iv) restrict the use of 
decommissioning trust fund disbursements (other than for ordinary and 
incidental expenses) to decommissioning expenses until final 
decommissioning has been completed. Therefore, partial exemptions from 
10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) are needed to allow 
HDI to use funds from the Trust for irradiated fuel management and site 
restoration activities.
    HDI stated that Table 1 of the application dated November 30, 2018, 
demonstrates that the DTF contains the amount needed to cover the 
estimated costs of radiological decommissioning, as well as spent fuel 
management and site restoration activities. The adequacy of funds in 
the Trust to cover the costs of activities associated with irradiated 
fuel management, site restoration, and radiological decontamination 
through license termination is supported by the revised Oyster Creek 
Post-Shutdown Decommissioning Activities Report submitted by HDI in a 
letter dated, September 28, 2018 (ADAMS Accession No. ML18275A116). HDI 
stated that it needs access to the funds in the Trust in excess of 
those needed for radiological decontamination to support irradiated 
fuel management and site restoration activities not associated with 
radiological decontamination.
    The requirements of 10 CFR 50.75(h)(1)(iv) further provide that, 
except for decommissioning withdrawals being made under 10 CFR 
50.82(a)(8) or for payments of ordinary administrative costs and other 
incidental expenses of the Trust, no disbursement may be made from the 
Trust until written notice of the intention to make a disbursement has 
been given to the NRC at least 30 working days in advance of the 
intended disbursement. Therefore, an exemption from 10 CFR 
50.75(h)(1)(iv) is needed to allow HDI to use funds from the Trust for 
irradiated fuel

[[Page 28359]]

management and site restoration activities without prior NRC 
notification.
    In summary, by letter dated November 30, 2018, HDI requested 
exemptions to allow Trust withdrawals, without prior written 
notification to the NRC, for irradiated fuel management and site 
restoration activities.

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the environmental impacts 
of the proposed action.
    The proposed action involves exemptions from requirements that are 
of a financial or administrative nature and that do not have an impact 
on the environment. The NRC has completed its evaluation of the 
proposed action and concludes that there is reasonable assurance that 
adequate funds are available in the Trust to complete all activities 
associated with decommissioning and irradiated fuel management and site 
restoration. There is no decrease in safety associated with the use of 
the Trust to fund activities associated with irradiated fuel management 
and site restoration. Paragraph 50.82(a)(8)(v) of 10 CFR requires a 
licensee to submit a financial assurance status report annually between 
the time of submitting its decommissioning cost estimate and submitting 
its final radiation survey and demonstrating that residual 
radioactivity has been reduced to a level that permits termination of 
its license. Paragraph 50.82(a)(8)(vi) of 10 CFR requires that if the 
remaining balance, plus expected rate of return, plus any other 
financial surety mechanism does not cover the estimated costs to 
complete the decommissioning, additional financial assurance must be 
provided to cover the cost of completion. These annual reports provide 
a means for the NRC to monitor the adequacy of available funding. Since 
the exemptions would allow HDI to use funds from the Trust that are in 
excess of those required for radiological decontamination of the site 
and the adequacy of funds dedicated for radiological decontamination 
are not affected by the proposed exemptions, there is reasonable 
assurance that there will be no environmental impact due to lack of 
adequate funding for decommissioning.
    The proposed action will not significantly increase the probability 
or consequences of radiological accidents. Additionally, the NRC has 
concluded that the proposed changes have no direct radiological 
impacts. There would be no change to the types or amounts of 
radiological effluents that may be released, therefore, no change in 
occupational or public radiation exposure from the proposed changes. 
There are no materials or chemicals introduced into the plant that 
could affect the characteristics or types of effluents released 
offsite. In addition, the method of operation of waste processing 
systems will not be affected by the exemption. The proposed exemption 
will not result in changes to the design basis requirements of 
structures, systems, and components (SSCs) that function to limit or 
monitor the release of effluents. All the SSCs associated with limiting 
the release of effluents will continue to be able to perform their 
functions. Moreover, no changes would be made to plant buildings or the 
site property from the proposed changes. Therefore, there are no 
significant radiological environmental impacts associated with the 
proposed action.
    With regard to potential nonradiological impacts, the proposed 
changes would have no direct impacts on land use or water resources, 
including terrestrial and aquatic biota, as they involve 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 plant's National Pollutant Discharge Elimination 
System permits would be needed. In addition, there would be no 
noticeable effect on socioeconomic conditions in the region, no 
environment justice impacts, no air quality impacts, and no impacts to 
historic and cultural resources from the proposed changes. Therefore, 
there are no significant nonradiological environment impacts associated 
with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
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 considered denial 
of the proposed action (i.e., the ``no-action'' alternative). Denial of 
the application would result in no change in current environmental 
impacts. The environmental impacts of the proposed action and the 
alternative action are similar.

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 May 16, 2019 (ADAMS 
Accession No. Ml19137A015), the State of New Jersey representatives 
were notified of the EA and FONSI.

III. Finding of No Significant Impact

    HDI has proposed exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 
CFR 50.75(h)(1)(iv), which would allow HDI to use funds from the Trust 
for irradiated fuel management and site restoration activities, without 
prior written notification to the NRC. 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. The reason the 
human environment would not be significantly affected is that the 
proposed action involves exemptions from requirements that are of a 
financial or administrative nature and that do not have an impact of 
the human environment. Consistent with 10 CFR 51.21, the NRC conducted 
the EA for the proposed action, and this FONSI incorporates by 
reference the EA included in Section II of this document. Therefore, 
the NRC concludes that the proposed action will not have significant 
effects on the quality of the human environment. Accordingly, the NRC 
has determined not to prepare an environmental impact statement for the 
proposed action.
    Other than HDI's letter dated November 30, 2018, there are no other 
environmental documents associated with this review. This document is 
available for public inspection as indicated in Section I of this 
document.
    Previous considerations regarding the environmental impacts of 
operating Oyster Creek Nuclear Generating Station, in accordance with 
its renewed operating license, is described in the ``Final 
Environmental Statement for Oyster Creek Nuclear Generating Station,'' 
dated December 1974, and NUREG-1437, Supplement 28, ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding Oyster Creek Nuclear Generating Station,'' Volumes 1 and 2, 
Final Report, dated January 2007 (ADAMS Accession No. ML070100234 and 
ML070100258.

IV. Availability of Documents

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              Date                                      Title                            ADAMS Accession No.
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5/16/2019.......................  Notification from NRC to State of New Jersey of   ML19137A015
                                   intent to publish EA/FONSI.
11/30/2018......................  Letter from HDI to NRC titled ``Request for       ML18334A215
                                   Exemption from 10 50.82(a)(8)(i)(A) and 10 CFR
                                   50.75(h)(1)(iv)''.
2/14/2018.......................  Letter from Exelon to NRC titled ``Certification  ML18045A084
                                   of Permanent Cessation of Power Operations for
                                   Oyster Creek Nuclear Generating Station''.
5/21/2018.......................  Letter from Exelon to NRC titled ``Oyster Creek   ML18141A775
                                   Nuclear Generating Station--Post-Shutdown
                                   Decommissioning Activities Report''.
8/31/2018.......................  Application for Order Approving Direct Transfer   ML18243A489
                                   of Renewed Facility Operating License and
                                   General License and Proposed Conforming License
                                   Amendment Oyster Creek Nuclear Generating
                                   Station.
9/25/2018.......................  Letter from Exelon to NRC titled ``Certification  ML18268A258
                                   of Permanent Removal of Fuel from the Reactor
                                   Vessel for Oyster Creek Nuclear Generating
                                   Station''.
9/28/2018.......................  Letter from HDI to NRC titled ``Notification of   ML18275A116
                                   Revised Post-Shutdown Decommissioning
                                   Activities Report and Revised Site-Specific
                                   Decommissioning Cost Estimate for Oyster Creek
                                   Nuclear Generating Station''.
12/1974.........................  Final Environmental Statement for Oyster Creek    ML072200150
                                   Nuclear Generating Station.
1/2007..........................  NUREG-1437, Supplement 28, ``Generic              ML070100234
                                   Environmental Impact Statement for License       ML070100258
                                   Renewal of Nuclear Plants: Regarding Oyster
                                   Creek Nuclear Generating Station,'' Volumes 1
                                   and 2.
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    Dated at Rockville, Maryland, on June 13, 2019.

    For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2019-12799 Filed 6-17-19; 8:45 am]
 BILLING CODE 7590-01-P