[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54188-54190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21982]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-18 and 50-183; NRC-2019-0082]


GE Hitachi Nuclear Energy; Vallecitos Nuclear Center, Vallecitos 
Boiling Water Reactor and Empire State Atomic Development Agency; 
Vallecitos Experimental Superheat Reactor

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 finding of no significant impact 
(FONSI) regarding a partial site release for license Nos. DPR-1 
(Vallecitos Boiling Water Reactor) and DR-10 (Empire State Atomic 
Development Agency Vallecitos Experimental Superheat Reactor), issued 
to GE Hitachi Nuclear Energy at the Vallecitos Nuclear Center in Sunol, 
California.

DATES: The EA and FONSI set forth in this document is available on 
October 9, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0082 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-2019-0082. 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 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]. The ADAMS accession number for each 
document referenced in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced.
     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: Jack Parrott, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-00001; telephone: 301-415-6634; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC received, by letter dated December 14, 2018 (ADAMS 
Accession No. ML18348A425), a request from GE Hitachi Nuclear Energy 
(GEH or licensee) to approve a partial site release of a non-impacted 
portion of its Vallecitos Nuclear Center (VNC) site located at 6705 
Vallecitos Road, Sunol, California. The December 14, 2018 letter 
transmitted a report, entitled ``Evaluation for Unconditional Release 
of Route 84 Frontage of VNC Site,'' prepared by GEH evaluating the 
proposed release. The information in the request letter was 
supplemented by information provided in a letter dated February 26, 
2019 (ADAMS Accession No. ML19057A466).
    The VNC site contains two shutdown power reactor units licensed 
under part 50, ``Domestic Licensing of Production and Utilization 
Facilities,'' of title 10 of the Code of Federal Regulations (10 CFR). 
These two units are the Vallecitos Boiling Water Reactor (VBWR), NRC 
License DPR-1, Docket 50-18, and the Empire State Atomic Development 
Agency Vallecitos Experimental Superheat Reactor (EVESR), NRC License 
DR-10, Docket 50-183. In accordance with 10 CFR 50.4(b)(8)-(9), the 
licensee has certified, pursuant to 10 CFR 50.82(a)(1), that both units 
have permanently ceased operation and that all nuclear fuel has been 
removed from the respective reactor vessels of both units. These units 
are presently in ``SAFSTOR'' \1\ status awaiting the termination of the 
power reactor licenses.
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    \1\ SAFSTOR is the decommissioning method in which a nuclear 
facility is placed and maintained in a condition that allows the 
safe storage of radioactive components of the nuclear plant and 
subsequent decontamination to levels that permit license 
termination.
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    In accordance with 10 CFR 50.83, ``Release of Part of a Power 
Reactor Facility or Site for Unrestricted Use,'' the licensee requested 
release from the NRC licenses, for unrestricted use, an approximately 
2.8-hectare (7-acre) irregularly shaped parcel along the southern edge 
of the VNC site. The licensee is declaring the parcel as a ``non-
impacted area,'' which is defined in 10 CFR 50.2 to mean an area ``with 
no reasonable potential for residual radioactivity in excess of natural 
background or fallout levels.'' If approved, the 2.8-hectare (7-acre) 
parcel will no longer be considered part of the licensed site and thus, 
no longer under NRC jurisdiction. Once released, the 2.8-hectare (7-
acre) parcel will be available for unrestricted use. In this regard, 
GEH intends to make this irregularly shaped parcel a construction 
easement along State Route 84 (Vallecitos Road) available to Alameda 
County Transportation Commission (ACTC) to support road development and 
widening of Vallecitos Road.
    The NRC is considering approval of the requested partial site 
release for the VBWR and EVESR licenses at the VNC site. Therefore, in 
compliance with the National Environmental Policy Act, as amended, 42 
U.S.C. 4321 et seq. (NEPA), and its NEPA implementing regulations in 10 
CFR part 51, the NRC has prepared this environmental assessment (EA). 
In accordance with 10 CFR 50.83(b)(5), if an environmental impact 
statement (EIS) had been previously prepared, then the licensee would 
have been required to discuss whether the environmental impacts 
associated with the proposed partial site release were bounded by a 
previous EIS. If those impacts were bounded, then the preparation of an 
EA would not be necessary. However, because the VNC site was licensed 
prior to the enactment of NEPA, no EIS was prepared when the VNC site 
was first licensed, and there is no other appropriate EIS that could 
bound these impacts. Therefore, the NRC has prepared an EA for this 
proposed action. Based on the results of the EA that follows, the NRC 
has determined not to prepare an EIS for the partial site release and 
is issuing a finding of no significant impact (FONSI).

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would approve the release of a 2.8-hectare (7-
acre), non-impacted parcel, located along the southern boundary of the 
VNC site, for

[[Page 54189]]

unrestricted use. Once released, the 2.8-hectare (7-acre) parcel would 
no longer be part of the licensed site and thus, no longer under NRC 
jurisdiction.\2\ Under the applicable NRC regulation, 10 CFR 50.83(b), 
a licensee may submit a written request for the release of non-impacted 
land if a license amendment is not otherwise required. Pursuant to 10 
CFR 50.83(c), upon determining that the licensee's submittal is 
adequate, the NRC shall inform the licensee in writing that a partial 
release of non-impacted land for unrestricted use is approved.
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    \2\ Under the Atomic Energy Act of 1954, as amended, 42 U.S.C. 
2011 et seq. (AEA), the NRC's jurisdiction is limited to matters of 
radiological health and safety, for both members of the public and 
occupational workers, and of physical security for NRC licensed 
facilities and radioactive materials possessed by NRC licensees. The 
NRC holds no property interest in licensee owned or controlled lands 
nor does the NRC have any land or natural resources management 
authority.
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Need for the Proposed Action

    The licensee has requested the release of the 2.8-hectare (7-acre), 
non-impacted parcel as the VNC property is entirely on the north side 
of Vallecitos Road which is a two to four-lane paved highway currently 
being improved and widened under a California Department of 
Transportation project in cooperation with the ACTC. According to the 
licensee, the property proposed to be released is an area that has 
never been used for licensed activity. The land is undeveloped 
grassland serving as road frontage with a small area landscaped to 
provide an aesthetic entrance to VNC. The licensee plans to release 
this property as soon as approval is received from the NRC. The 
property will then be expediently afforded to the ACTC.

VNC Site

    VNC is located near the center of the Pleasanton quadrangle of 
Alameda County, California. The site is east of San Francisco Bay, 
approximately 56 air kilometers (35 air miles) east-southeast of San 
Francisco and 32 air kilometers (20 air miles) north of San Jose. The 
properties surrounding the site are primarily used for agriculture and 
cattle raising, with some residences, which are mostly to the west of 
the property. The nearest sizeable towns are Pleasanton located 6.6 
kilometers (4.1 miles) to the north-northwest and Livermore located 10 
kilometers (6.2 miles) to the northeast.
    The VNC site is on the north side of Vallecitos Road, which is a 
two and four-lane paved highway. A Union Pacific railroad line lies 
about three kilometers (2 miles) west of the site. There is light 
industrial activity within a 16-kilometer (10-mile) radius of the 
plant. San Jose (32 kilometers (20 miles) south), Oakland (48 
kilometers (30 miles) northwest) and San Francisco (56 kilometers (35 
miles) northwest) are major industrial centers. The property boundary, 
which has not changed since the original property purchase in 1956, is 
fenced and posted ``No Trespassing.'' A security gate at the entrance 
to the developed area of the VNC provides access control to the active 
area of the site. The GEH provided evaluation reports provide 
additional information about the site (ADAMS Accession Nos. ML18348A425 
and ML19057A466).

Safety Evaluation of the Proposed Action

    The NRC staff evaluated the safety impacts of the proposed action 
and concludes that the requirements of 10 CFR 50.83, 10 CFR 50.59, and 
other applicable NRC regulations have been met (ADAMS Accession No. 
ML19249C554).

Environmental Impacts of the Proposed Action

    The NRC staff evaluated the environmental impacts of the proposed 
action and concludes that the release of the 2.8-hectare (7-acre) 
parcel will not have any adverse environmental impacts. The 2.8-hectare 
(7-acre) parcel is along the southern boundary of the site. This parcel 
is mostly undeveloped grassland road frontage with a small area 
landscaped to provide an aesthetic entrance to the VNC. There is no 
evidence of pre-existing industrial structures indicative of 
radiological work. The power reactors at the site have permanently 
ceased operations and are being maintained in a possession-only SAFSTOR 
status. The release of the 2.8-hectare (7-acre) parcel will not impact 
the shutdown reactors.
    The licensee notes that the 2.8-hectare (7-acre) parcel has never 
been used for licensed activity. The licensee conducted an evaluation 
of the parcel based on guidance for doing historical site assessments 
in NUREG-1575, ``Multi-Agency Radiation Survey and Site Investigation 
Manual (MARSSIM)'' (NUREG-1575, Revision 1) https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1575/r1/#pub-info and relied 
on visual inspection, historical records, process knowledge, and the 
results of sentinel measurements to conclude that the parcel is non-
impacted. None of the reviews indicate that radioactive material was 
ever used in VNC property fronting Vallecitos Road or that the area was 
contaminated with radioactive material because of NRC licensed 
activities. The area is characterized as non-impacted per NUREG-1575.
    A Hazardous Materials Soil Investigation was conducted by Baseline 
Environmental Consulting for this area (ADAMS Accession No. 
ML19057A466). Baseline Environmental Consulting collected soil samples 
from 16 locations along Vallecitos Road at depths between 0 and 15 
centimeters (0 and 6 inches) and analyzed them for gross alpha and 
gross beta activity. These locations were selected because they are 
local low points where contamination might be expected to consolidate.
    Based on the results of this investigation the licensee concluded 
that the soils in the parcel do not appear to be affected by 
radiological materials associated with operation of the GEH facility 
and would not be expected to pose a health risk to construction workers 
or the environment and that there is no evidence of any radiological 
impact on the 2.8-hectare (7-acre) parcel.
    The NRC verified that the area to be released was not 
radiologically impacted by licensed site activities through an 
independent confirmatory survey by the Oak Ridge Institute for Science 
and Education (ORISE). ORISE performed independent assessment 
activities during the period of February 5-6, 2019. The results of the 
ORISE independent assessment is in a report to NRC dated August 13, 
2019 (ADAMS Accession No. ML19239A118). Confirmatory survey activities 
included gamma walkover scanning, gamma direct measurements, and soil 
sampling in the applicable land area. Elevated direct gamma radiation 
levels above background were identified in the landscaped area near the 
road leading into the site. The elevated counts were attributed to 
naturally occurring radioactive material in the lava rocks used in the 
landscaping. A total of 20 soil samples were collected throughout the 
land area: 13 random samples, one judgmental sample, and six additional 
confirmatory samples. Comparison of naturally occurring radionuclide 
concentrations showed that the Vallecitos Road frontage soils results 
were consistent with the non-impacted determination.
    The NRC staff reviewed the request and concluded that the 
environmental impacts associated with this request remain bounded by 
the environmental impacts evaluated in the previously issued ``Final 
Generic Environmental Impact Statement on Decommissioning of Nuclear 
Facilities,'' NUREG-0586, Supplement 1, Volume 1 (http://www.nrc.gov/
reading-rm/doc-collections/nuregs/staff/sr0586/s1/v1/

[[Page 54190]]

index.html). NUREG-0586 evaluated the environmental impacts of the 
decommissioning of entire power reactor sites and facilities that have 
been impacted by operations. The release of a part of a power reactor 
site that has been demonstrated to not have been impacted by operations 
is within the scope of the evaluation performed in NUREG-0586. The NRC 
staff concludes that the proposed release of the 2.8-hectare (7-acre) 
parcel is bounded by NUREG-0586.
    The NRC has determined that the proposed release of the 2.8-hectare 
(7-acre) parcel is wholly procedural and administrative in nature, that 
the parcel is radiologically non-impacted, and that the licensee has no 
safety, physical security, or emergency preparedness need to retain the 
parcel. The environmental impacts associated with the shutdown power 
reactors will not change as a result of the proposed release of the 
2.8-hectare (7-acre) parcel. The proposed release will not result in 
public or environmental exposure to radioactive contamination. There 
are no known records of any spills, leaks, or uncontrolled release of 
radioactive material on the 2.8-hectare (7-acre parcel). The 2.8-
hectare (7-acre) parcel was not used for any activities that could have 
contaminated the property. Therefore, there are no significant 
radiological environmental impacts associated with the proposed action.
    With regard to potential non-radiological impacts, the proposed 
release of the 2.8-hectare (7-acre) parcel from NRC jurisdiction does 
not involve or authorize any construction activities, renovation of 
buildings or structures, ground disturbing activities or other 
alteration to land. The proposed release of the 2.8-hectare (7-acre) 
parcel will not result in any change to current licensed activities on 
that portion of the site that will remain under NRC jurisdiction and 
therefore, will not result in any changes to the workforce or vehicular 
traffic on the licensed portion of the site. Furthermore, as the NRC 
has determined that the proposed release of the 2.8-hectare (7-acre) 
parcel is an administrative action, it is not a type of activity that 
has the potential to cause effects on historic properties or cultural 
resources, including traditional cultural properties and will have no 
effect on listed species or critical habitat. In addition, the proposed 
release of the 2.8-hectare (7-acre) parcel will not result in any 
change to non-radiological plant effluents and thus, will have no 
impact on either air or water quality. Therefore, there are no 
significant non-radiological environmental impacts associated with the 
proposed release of the 2.8-hectare (7-acre) parcel.
    Accordingly, the NRC staff concludes that there are no significant 
environmental impacts associated with the proposed action.

Connected Action

    The California Department of Transportation and the ACTC determined 
that the California State Route 84 Expressway Widening Project would 
have no significant impact on the human environment. The Final 
Environmental Impact Report/Environmental Assessment with Finding of No 
Significant Impact, dated April 2018, is available at (https://dot.ca.gov/caltrans-near-me/district-4).

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed release of the 2.8-hectare (7-acre) parcel 
(i.e., the ``no-action'' alternative). Denial of the request would 
result in the 2.8-hectare (7-acre) parcel remaining part of the 
licensed site and subject to NRC jurisdiction. As the licensee has no 
need for the parcel, its current use as undeveloped grassland and for 
site entrance landscaping would most likely continue. As there is no 
policy or regulatory reason for the NRC to require a licensee to retain 
land that is not radiologically impacted and for which the licensee has 
no further operational need, the no-action alternative is not further 
considered.

Conclusion

    The NRC staff has concluded that the proposed action will not 
significantly impact the quality of the human environment, and that the 
proposed action is the preferred alternative.

Agencies and Persons Consulted

    A public meeting to obtain comments on the release approval request 
was announced on the NRC public meeting website on March 18, 2019 
(ADAMS Accession No. ML19077A149). A notice of GEH's request to release 
the 2.8-hectare (7-acre) parcel and the public meeting, including a 
request for comment, was also published in ``The Independent,'' 
Livermore, CA on March 21, 2019. The NRC staff published a notice of 
the receipt of GEH's request, including a request for comment, in the 
Federal Register on March 27, 2019 (84 FR 11578). The NRC staff 
conducted the public meeting in Dublin, CA on March 28, 2019. A summary 
of the public meeting, which includes copies of the presentations made 
and a copy of the transcript of the meeting, is available in ADAMS at 
Accession No. ML19239A043. No comments were made on the Federal 
Rulemaking website, or were received by mail or email, and all 
questions asked at the meeting were answered in the meeting.
    The NRC contacted the California Department of Public Health on 
September 4, 2019 (ADAMS Accession No. ML19275D493) concerning this 
request. There were no comments, concerns or objections from the State 
official

III. Finding of No Significant Impact

    The NRC staff has prepared this EA as part of its review of the 
proposed action. On the basis of this EA, the NRC finds that there are 
no significant environmental impacts from the proposed action, and that 
preparation of EIS is not warranted. Accordingly, the NRC has 
determined that a FONSI is appropriate. In accordance with 10 CFR 
51.32(a)(4), this FONSI incorporates the EA set forth in this notice by 
reference.

    Dated at Rockville, Maryland, this 3rd day of October, 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. 2019-21982 Filed 10-8-19; 8:45 am]
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