[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38069-38071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16670]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-64; NRC-2018-0254]
Virginia Electric and Power Company, Dominion Energy Kewaunee,
Inc. and Dominion Nuclear Connecticut, Inc.; Kewaunee 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 Virginia Electric and Power Company, Dominion Energy
Kewaunee, Inc. and Dominion Nuclear Connecticut, Inc. (collectively,
Dominion) on December 17, 2012, and December 9, 2015, for the
independent spent fuel storage installation (ISFSI) at Kewaunee in
Kewaunee, Wisconsin.
DATES: The EA and FONSI referenced in this document are available on
August 5, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0254 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-2018-0254. 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-
[[Page 38070]]
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) 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 Kewaunee ISFSI. By letter dated December 17, 2012,
Dominion submitted an initial DFP for the ISFSI at Kewaunee for the
NRC's review and approval (ADAMS Accession No. ML13002A036). The NRC
staff reviewed the initial DFP and issued a request for additional
information (RAI) by letter dated July 18, 2013 (ADAMS Accession No.
ML13200A025). Dominion responded to the NRC's RAI on September 30, 2013
(ADAMS Accession No. ML13283A085). By letter dated December 9, 2015,
the Dominions submitted an updated DFP (ADAMS Accession No.
ML15349B005). The NRC staff has prepared a final EA (ADAMS Accession
No. ML19165A035) in support of its review of Dominion'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 Kewaunee 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 Kewaunee ISFSI is located in Kewaunee, Wisconsin. Dominion is
authorized by the NRC, under License No. SFGL-40 to store spent nuclear
fuel at the Kewaunee 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 Dominion on
December 17, 2012, and December 9, 2015. Specifically, the NRC must
determine whether Dominion's DFPs contain the information required by
10 CFR 72.30(b) and 72.30(c) and whether Dominion 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 Dominion'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 Dominion
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 Dominion'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 Dominion'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 Kewaunee.
Need for the Proposed Action
The proposed action provides a means for the NRC to confirm that
Dominion 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 Dominion'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 Dominion'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
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Dominion'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 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 Dominion'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 Dominion'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 Dominion'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 Wisconsin Department of Health Services,
Division of Public Health, Radiation Protection Section (State) by
letter dated September 26, 2016 (ADAMS Accession No. ML17139C542), 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
September 26, 2016 (ADAMS Accession No. ML16271A034). 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 Dominion'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 Dominion ML13002A036
decommissioning funding plan.
December 9, 2015........................... Submission of Dominion triennial ML15349B005
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.
September 26, 2016......................... Consultation Letter: ML16271A014- ML17139C542
RLSO.
September 26, 2016......................... Letter to A. Shull re: U.S. ML16271A034
Nuclear Regulatory Commission
Preliminary Determination of No
Effects Regarding Kewaunee
Power Station Independent Spent
Fuel Storage Installation
Decommissioning Funding Plan.
June 14, 2019.............................. NRC staff's Final EA for the ML19165A035
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. 2019-16670 Filed 8-2-19; 8:45 am]
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