[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38067-38069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16673]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-69; NRC-2018-0250]


FirstEnergy Nuclear Operating Company; Perry 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 Perry in Perry, Ohio.

DATES: The EA and FONSI referenced in this document are available on 
August 5, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0250 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-2018-0250. 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 Perry 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 Perry 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 Perry ISFSI is located in Perry, Ohio. FENOC is authorized by 
the NRC, under License No. SFGL-51 to store spent nuclear fuel at the 
Perry 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 Perry.

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

[[Page 38069]]

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 October 26, 2016 (ADAMS Accession 
No. ML17142A072), 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 October 26, 2016 (ADAMS Accession No. ML16301A368). 
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

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                   Date                                 Document                      ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
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.
October 26, 2016.........................  Consultation Letter: ML16301A233-  ML17142A072
                                            RLSO.
October 26, 2016.........................  NRC Preliminary Determination of   ML16301A368
                                            No Effects Regarding Perry
                                            Nuclear 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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    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.

    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. 2019-16673 Filed 8-2-19; 8:45 am]
BILLING CODE 7590-01-P