[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38065-38067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16669]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-14; NRC-2018-0260]
FirstEnergy Nuclear Operating Company; Davis-Besse Independent
Spent Fuel Storage Installation
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 issuing an
environmental assessment (EA) and a finding of no significant impact
(FONSI) for its review and approval of the decommissioning funding
plans submitted by FirstEnergy Nuclear Operating Company (FENOC) on
December 17, 2012, and December 9, 2015, for the independent spent fuel
storage installation (ISFSI) at Davis-Besse in Oak Harbor, Ohio.
DATES: The EA and FONSI referenced in this document are available on
August 5, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0260 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 https://www.regulations.gov and search for Docket ID NRC-2018-0260. 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 https://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)
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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: Pamela Longmire, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7465, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering the approval of the decommissioning funding
plans (DFPs) for the Davis-Besse ISFSI. FENOC submitted an initial DFP
and an updated DFP for NRC review and approval by letters dated
December 17, 2012 (ADAMS Accession No. ML12352A194), and December 9,
2015 (ADAMS Accession No. ML15343A350), respectively. The NRC staff has
prepared a final EA (ADAMS Accession No. ML19162A009) in support of its
review of FENOC's DFPs, in accordance with the NRC regulations in part
51 of title 10 of the Code of Federal Regulations (10 CFR),
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions,'' which implement the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).
Based on the EA, the NRC staff has determined that approval of the DFPs
for the Davis-Besse ISFSI will not significantly affect the quality of
the human environment, and accordingly, the staff has concluded that a
FONSI is appropriate. The NRC staff further finds that preparation of
an environmental impact statement (EIS) is not warranted.
II. Environmental Assessment
Background
The Davis-Besse ISFSI is located in Oak Harbor, Ohio. FENOC is
authorized by the NRC, under License No. SFGL-04 to store spent nuclear
fuel at the Davis-Besse ISFSI.
The NRC requires its licensees to plan for the eventual
decommissioning of their licensed facilities prior to license
termination. On June 17, 2011, the NRC published a final rule in the
Federal Register amending its decommissioning planning regulations (76
FR 35512). The final rule amended the NRC regulation, 10 CFR 72.30,
which concerns financial assurance and decommissioning for ISFSIs. This
regulation now requires each holder of, or applicant for, a license
under 10 CFR part 72 to submit, for NRC review and approval, a DFP. The
purpose of the DFP is to demonstrate the licensee's financial
assurance, i.e., that funds will be available to decommission the
ISFSI. The NRC staff is reviewing the DFPs submitted by FENOC on
December 17, 2012, and December 9, 2015. Specifically, the NRC must
determine whether FENOC's DFPs contain the information required by 10
CFR 72.30(b) and 72.30(c) and whether FENOC has provided reasonable
assurance that funds will be available to decommission the ISFSI.
Description of the Proposed Action
The proposed action is the NRC's review and approval of FENOC's
DFPs submitted in accordance with 10 CFR 72.30(b) and 72.30(c). To
approve the DFPs, the NRC evaluates whether the decommissioning cost
estimate (DCE) adequately estimates the cost to conduct the required
ISFSI decommissioning activities prior to license termination,
including identification of the volume of onsite subsurface material
containing residual radioactivity that will require remediation to meet
the license termination criteria in 10 CFR 20.1402 or 10 CFR 20.1403.
The NRC also evaluates whether the aggregate dollar amount of FENOC
financial instruments provides adequate financial assurance to cover
the DCE and that the financial instruments meet the criteria of 10 CFR
72.30(e). Finally, the NRC evaluates whether the effects of the
following events have been considered in FENOC's submittal: (1) Spills
of radioactive material producing additional residual radioactivity in
onsite subsurface material; (2) facility modifications; (3) changes in
authorized possession limits; and (4) actual remediation costs that
exceed the previous cost estimate, consistent with 10 CFR 72.30(c).
The proposed action does not require any changes to the ISFSI's
licensed routine operations, maintenance activities, or monitoring
programs, nor does it require any new construction or land-disturbing
activities. The scope of the proposed action concerns only the NRC's
review and approval of FENOC's DFPs. The scope of the proposed action
does not include, and will not result in, the review and approval of
any decontamination or decommissioning activity or license termination
for the ISFSI or any other part of Davis-Besse.
Need for the Proposed Action
The proposed action provides a means for the NRC to confirm that
FENOC will have sufficient funding to cover the costs of
decommissioning the ISFSI, including the reduction of the residual
radioactivity at the ISFSI to the level specified by the applicable NRC
license termination regulations concerning release of the property (10
CFR 20.1402 or 10 CFR 20.1403).
Environmental Impacts of the Proposed Action
The NRC's approval of the DFPs will not change the scope or nature
of the operation of the ISFSI and will not authorize any changes to
licensed operations or maintenance activities. The NRC's approval of
the DFPs will not result in any changes in the types, characteristics,
or quantities of radiological or non-radiological effluents released
into the environment from the ISFSI, or result in the creation of any
solid waste. Moreover, the approval of the DFPs will not authorize any
construction activity or facility modification. Therefore, the NRC
staff concludes that the approval of FENOC's DFPs is a procedural and
administrative action that will not result in any significant impact to
the environment.
Section 106 of the National Historic Preservation Act of 1966, as
amended (54 U.S.C. 30618) (NHPA), requires Federal agencies to consider
the effects of their undertakings on historic properties. In accordance
with the NHPA implementing regulations at 36 CFR part 800, ``Protection
of Historic Properties,'' the NRC's approval of FENOC's DFPs
constitutes a Federal undertaking. The NRC, however, has determined
that the approval of the DFPs is a type of undertaking that does not
have the potential to cause effects on historic properties, assuming
such historic properties were present, because the NRC's approval of
FENOC's DFPs will not authorize or result in changes to licensed
operations or maintenance activities, or changes in the types,
characteristics, or quantities of radiological or non-radiological
effluents released into the environment from the ISFSI, or result in
the creation of any solid waste. Therefore, in accordance with 36 CFR
800.3(a)(1), no consultation is required under Section 106 of the NHPA.
Under Section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) (ESA), prior to taking a proposed action, a Federal
agency must determine whether (i) endangered and threatened species or
their critical habitats are known to be in the vicinity of the
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proposed action and if so, whether (ii) the proposed Federal action may
affect listed species or critical habitats. The NRC has determined that
the proposed action will have no effect on any listed species or their
critical habitats because the NRC's approval of FENOC's DFPs will not
authorize or result in changes to licensed operations or maintenance
activities, or changes in the types, characteristics, or quantities of
radiological or non-radiological effluents released into the
environment from the ISFSI, or result in the creation of any solid
waste.
Alternative to the Proposed Action
In addition to the proposed action, the NRC evaluated the no-action
alternative. The no-action alternative is to deny FENOC's DFPs. A
denial of a DFP that meets the criteria of 10 CFR 72.30(b) or 72.30(c)
does not support the regulatory intent of the 2011 rulemaking. As noted
in the EA for the 2011 rulemaking (ADAMS Accession No. ML090500648),
not promulgating the 2011 final rule would have increased the
likelihood of additional legacy sites. Thus, denying FENOC's DFPs,
which the NRC has found to meet the criteria of 10 CFR 72.30(b) and
72.30(c), will undermine the licensee's decommissioning planning. On
this basis, the NRC has concluded that the no-action alternative is not
a viable alternative.
Agencies and Persons Consulted
The NRC staff consulted with other agencies and parties regarding
the environmental impacts of the proposed action. The NRC provided a
draft of its EA to the Ohio Emergency Management Agency, Department of
Public Safety (State) by letter dated July 15, 2016 (ADAMS Accession
No. ML17139C017), and gave the State 30 days to respond. The State did
not respond. The NRC also consulted with the Fish and Wildlife Service
by letter dated July 15, 2016 (ADAMS Accession No. ML16197A381).
However, the NRC staff has determined that consultation under ESA
Section 7 is not required because the proposed action is
administrative/procedural in nature and will not affect listed species
or critical habitat (ADAMS Accession No. ML17135A062).
III. Finding of No Significant Impact
The NRC staff has determined that the proposed action, the review
and approval of FENOC's initial and updated DFPs, submitted in
accordance with 10 CFR 72.30(b) and 72.30(c), will not authorize or
result in changes to licensed operations or maintenance activities, or
changes in the types, characteristics, or quantities of radiological or
non-radiological effluents released into the environment from the
ISFSI, or result in the creation of any solid waste. Moreover, the
approval of the DFPs will not authorize any construction activity,
facility modification, or any other land-disturbing activity. The NRC
staff has concluded that the proposed action is a procedural and
administrative action and as such, that the proposed action will not
have a significant effect on the quality of the human environment.
Therefore, the NRC staff has determined not to prepare an EIS for the
proposed action but will issue this FONSI.
IV. Availability of Documents
The following documents, related to this notice, can be found using
any of the methods provided in the following table. Instructions for
accessing ADAMS were provided under the ADDRESSES section of this
document.
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Date Document ADAMS accession No.
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December 17, 2012.......................... Submission of FENOC ML12352A194
decommissioning funding plan.
December 9, 2015........................... Submission of FENOC triennial ML15343A350
decommissioning funding plan.
February 1, 2009........................... Environmental Assessment for ML090500648
Final Rule--Decommissioning
Planning.
May 15, 2017............................... Note to File re Sct 7 ML17135A062
Consultations for ISFSI DFPs.
July 15, 2016.............................. Consultation Letter: ML16197A415- ML17139C017
RLSO.
July 15, 2016.............................. Letter to A. Shull re: U.S. ML16197A381
Nuclear Regulatory Commission
Preliminary Determination of No
Effects Regarding the Davis-
Besse Nuclear Power Station,
Unit No. 1 Independent Spent
Fuel Storage Installation
Decommissioning Funding Plan.
June 9, 2019............................... NRC staff's Final EA for the ML19162A009
approval of the decommissioning
funding plan.
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Dated at Rockville, Maryland, this 31st day of July, 2019.
For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-16669 Filed 8-2-19; 8:45 am]
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