[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 28360]]
----------------------------------------------------------------------------------------------------------------
Date Title ADAMS Accession No.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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