[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69396-69400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27278]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-293; NRC-2019-0247]
Holtec Decommissioning International, LLC; Pilgrim Nuclear Power
Station
AGENCY: Nuclear Regulatory Commission.
[[Page 69397]]
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of exemptions that would permit the licensee to reduce its
emergency planning (EP) activities at the Pilgrim Nuclear Power Station
(Pilgrim). Specifically, the licensee is seeking exemptions that would
eliminate the requirements for the licensee to maintain offsite
radiological emergency plans and reduce some of the onsite EP
activities based on the reduced risks at Pilgrim, which is permanently
shut down and defueled. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response
authorities would be retained. In addition, offsite EP provisions would
still exist through State and local government use of a comprehensive
emergency management plan process, in accordance with the Federal
Emergency Management Agency's (FEMA's) Comprehensive Preparedness Guide
(CPG) 101, ``Developing and Maintaining Emergency Operations Plans.''
The NRC staff 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
December 18, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0247 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-2019-0247. 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 (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, instructions about obtaining materials
referenced in this document are provided 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: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2855; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated November 10, 2015 (ADAMS Accession No.
ML15328A053), Entergy Nuclear Operations, Inc. (ENOI) certified to the
NRC that it planned to permanently cease power operations at Pilgrim no
later than June 1, 2019. By letter dated June 10, 2019 (ADAMS Accession
No. ML19161A033), ENOI certified to the NRC that power operations
permanently ceased at Pilgrim on May 31, 2019, and that the fuel was
permanently removed from the Pilgrim reactor vessel and placed in the
spent fuel pool (SFP) on June 9, 2019. Accordingly, pursuant to section
50.82(a)(2) of title 10 of the Code of Federal Regulations (10 CFR),
the Pilgrim renewed facility operating license no longer authorizes
operation of the reactor or emplacement or retention of fuel in the
reactor vessel. The facility is still authorized to possess and store
irradiated (i.e., spent) nuclear fuel. Spent fuel is currently stored
onsite at the Pilgrim facility in the SFP and in a dry cask independent
spent fuel storage installation (ISFSI).
By letter dated July 3, 2018 (ADAMS Accession No. ML18186A635), as
supplemented by letters dated November 30 and December 4, 2018, and
February 14 and February 18, 2019 (ADAMS Accession Nos. ML18338A205,
ML18341A219, ML19050A298, and ML19056A260, respectively), ENOI
requested exemptions from certain EP requirements in 10 CFR part 50 for
Pilgrim.
By letter dated November 16, 2018 (ADAMS Accession No.
ML18320A031), ENOI, on behalf of itself and Entergy Nuclear Generation
Company (ENGC) (to be known as Holtec Pilgrim, LLC), Holtec
International (Holtec), and Holtec Decommissioning International, LLC
(HDI, the licensee) (together, Applicants), requested that the NRC
consent to: (1) The indirect transfer of control of Renewed Facility
Operating License No. DPR-35 for Pilgrim, as well as the general
license for the Pilgrim ISFSI (together, the Licenses), to Holtec; and
(2) the direct transfer of ENOI's operating authority (i.e., its
authority to conduct licensed activities at Pilgrim) to HDI. In
addition, the Applicants requested that the NRC approve a conforming
administrative amendment to the Licenses to reflect the proposed direct
transfer of the Licenses from ENOI to HDI; a planned name change for
ENGC from ENGC to Holtec Pilgrim, LLC; and deletion of certain license
conditions to reflect satisfaction and termination of all ENGC
obligations after the license transfer and equity sale.
By Order dated August 22, 2019 (ADAMS Accession No. ML19170A265),
the NRC staff approved the direct and indirect transfers requested in
the November 16, 2018, application. Additionally, on August 22, 2019,
HDI informed the NRC (ADAMS Accession No. ML19234A357) that:
HDI will assume responsibility for all ongoing NRC regulatory
actions and reviews currently underway for Pilgrim Nuclear Power
Station. HDI respectfully requests NRC continuation of these
regulatory actions and reviews.
On August 26, 2019, ENOI informed the NRC that the license transfer
transaction closed on August 26, 2019 (ADAMS Accession No.
ML19239A037). On August 27, 2019 (ADAMS Accession No. ML19235A050), the
NRC staff issued Amendment No. 249 to reflect the license transfer.
Accordingly, HDI is now the licensee for decommissioning operations at
Pilgrim.
The NRC regulations concerning EP do not recognize the reduced
risks after a reactor is permanently shut down and defueled. As such, a
permanently shut down and defueled reactor must continue to maintain
the same EP requirements as an operating power reactor under the
existing regulatory requirements. To establish a level of EP
commensurate with the reduced risks of a permanently shut down and
defueled reactor, the licensee requires exemptions from certain EP
regulatory requirements before it can change its emergency plans.
The NRC is considering issuing to the licensee exemptions from
portions of 10 CFR 50.47, ``Emergency plans,'' and appendix E to 10 CFR
part 50, ``Emergency Planning and Preparedness for Production and
Utilization
[[Page 69398]]
Facilities,'' which would eliminate the requirements for the licensee
to maintain offsite radiological emergency plans in accordance with 44
CFR, ``Emergency Management and Assistance,'' part 350, ``Review and
Approval of State and Local Radiological Emergency Plans and
Preparedness,'' and reduce some of the onsite EP activities based on
the reduced risks 10 months after Pilgrim has permanently ceased power
operations.
Consistent with 10 CFR 51.21, the NRC has determined that an EA is
the appropriate form of environmental review for the requested action.
Based on the results of the EA, which is provided in Section II of this
document, the NRC has determined not to prepare an environmental impact
statement for the proposed action, and is issuing a FONSI.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would exempt the licensee from (1) certain
standards as set forth in 10 CFR 50.47(b) regarding onsite and offsite
emergency response plans for nuclear power reactors; (2) requirements
in 10 CFR 50.47(c)(2) to establish plume exposure and ingestion pathway
emergency planning zones (EPZs) for nuclear power reactors; and (3)
certain requirements in 10 CFR part 50, appendix E, section IV, which
establishes the elements that make up the content of emergency plans.
The proposed action of granting these exemptions would eliminate the
requirements for the licensee to maintain offsite radiological
emergency plans in accordance with 44 CFR part 350 and reduce some of
the onsite EP activities at Pilgrim, based on the reduced risks once
the reactor has been permanently shut down for a period of 10 months.
However, requirements for certain onsite capabilities to communicate
and coordinate with offsite response authorities would be retained to
an extent consistent with the approved exemptions. Additionally, if
necessary, offsite protective actions could still be implemented using
a comprehensive emergency management plan (CEMP) process. A CEMP in
this context, also referred to as an emergency operations plan (EOP),
is addressed in FEMA's CPG 101, ``Developing and Maintaining Emergency
Operations Plans.'' The CPG 101 is the foundation for State,
territorial, tribal, and local EP in the United States under the
National Preparedness System. It promotes a common understanding of the
fundamentals of risk-informed planning and decision making, and assists
planners at all levels of government in their efforts to develop and
maintain viable, all-hazards, all-threats emergency plans. An EOP is
flexible enough for use in all emergencies. It describes how people and
property will be protected; details who is responsible for carrying out
specific actions; identifies the personnel, equipment, facilities,
supplies, and other resources available; and outlines how all actions
will be coordinated. A CEMP is often referred to as a synonym for
``all-hazards'' planning. The proposed action is in accordance with the
licensee's application dated July 3, 2018, as supplemented by letters
dated November 30 and December 4, 2018, and February 14 and February
18, 2019.
Need for the Proposed Action
The proposed action is needed for the licensee to revise the
Pilgrim Emergency Plan once the reactor has been permanently shutdown
for a period of 10 months. The EP requirements currently applicable to
Pilgrim are for an operating power reactor. Since the certifications
for permanent cessation of operations and permanent removal of fuel
from the reactor vessel have been docketed, pursuant to 10 CFR
50.82(a)(2), the Pilgrim license no longer authorizes use of the
facility for power operation or emplacement or retention of fuel into
the reactor vessel and, therefore, the occurrence of postulated
accidents associated with reactor operation is no longer credible.
However, there are no explicit regulatory provisions distinguishing EP
requirements for a power reactor that has been permanently shut down
and defueled from those for an operating power reactor.
In its exemption request, the licensee identified four possible
radiological accidents at Pilgrim in its permanently shutdown and
defueled condition. These are: (1) A fuel-handling accident; (2) a
radioactive waste-handling accident; (3) a loss of SFP normal cooling
(i.e., boil off); and (4) an adiabatic heat up of the hottest fuel
assembly. The NRC staff evaluated these possible radiological accidents
in the Commission Paper (SECY) 19-0078, ``Request by Entergy Nuclear
Operations, Inc. for Exemptions from Certain Emergency Planning
Requirements for the Pilgrim Nuclear Power Station,'' dated August 9,
2019 (ADAMS Package Accession No. ML18347A717). In SECY-19-0078, the
NRC staff verified that the licensee's analyses and calculations
provided reasonable assurance that if the requested exemptions were
granted, then: (1) For a design-basis accident (DBA), an offsite
radiological release will not exceed the early phase protective action
guides (PAGs) at the site boundary, as detailed in Table 1-1 to the
U.S. Environmental Protection Agency's (EPA's), ``PAG Manual:
Protective Action Guides and Planning Guidance for Radiological
Incidents,'' EPA-400/R-17/001, dated January 2017, and (2) in the
highly unlikely event of a beyond DBA resulting in a loss of all SFP
cooling, there is sufficient time to initiate appropriate mitigating
actions, and in the event a radiological release has or is projected to
occur, there would be sufficient time for offsite agencies to take
protective actions using a CEMP to protect the health and safety of the
public if offsite governmental officials determine that such action is
warranted. The Commission approved the NRC staff's recommendation to
grant the exemptions based on this evaluation in its Staff Requirements
Memorandum (SRM) to SECY-19-0078, dated November 4, 2019 (ADAMS
Accession No. ML19308A034).
Based on these analyses, the licensee states that complete
application of the EP rule to Pilgrim 10 months after its permanent
cessation of power operations would not serve the underlying purpose of
the rule or is not necessary to achieve the underlying purpose of the
rule. The licensee also states that it would incur undue costs in the
application of operating plant EP requirements for the maintenance of
an emergency response organization in excess of that actually needed to
respond to the diminished scope of credible accidents for Pilgrim 10
months after its permanent cessation of power operations.
Environmental Impacts of the Proposed Action
The NRC staff has completed its evaluation of the environmental
impacts of the proposed action.
The proposed action consists mainly of changes related to the
elimination of requirements for the licensee to maintain offsite
radiological emergency plans in accordance with 44 CFR part 350 and
reduce some of the onsite EP activities at Pilgrim, based on the
reduced risks once the reactor has been permanently shutdown for a
period of 10 months. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response
authorities will be retained and offsite EP provisions to protect
public health and safety will still exist through State and local
government use of a CEMP.
[[Page 69399]]
With regard to potential nonradiological environmental impacts, the
proposed action would have no direct impacts on land use or water
resources, including terrestrial and aquatic biota, as it involves 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 plants' 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 action. Therefore,
there are no significant nonradiological environmental impacts
associated with the proposed action.
With regard to potential radiological environmental impacts, as
stated above, the proposed action would not increase the probability or
consequences of radiological accidents. Additionally, the NRC staff has
concluded that the proposed action would have no direct radiological
environmental impacts. There would be no change to the types or amounts
of radioactive effluents that may be released and, therefore, no change
in occupational or public radiation exposure from the proposed action.
Moreover, no changes would be made to plant buildings or the site
property from the proposed action. Therefore, there are no significant
radiological 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 staff considered
the denial of the proposed action (i.e., the ``no-action''
alternative). The denial of the application would result in no change
in current environmental impacts. Therefore, 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 November 5, 2019, the
Commonwealth of Massachusetts representative was notified of this EA
and FONSI.
III. Finding of No Significant Impact
The licensee has proposed exemptions from: (1) Certain standards in
10 CFR 50.47(b) regarding onsite and offsite emergency response plans
for nuclear power reactors; (2) requirement in 10 CFR 50.47(c)(2) to
establish plume exposure and ingestion pathway EPZs for nuclear power
reactors; and (3) certain requirements in 10 CFR part 50, appendix E,
section IV, which establishes the elements that make up the content of
emergency plans. The proposed action of granting these exemptions would
eliminate the requirements for the licensee to maintain offsite
radiological emergency plans in accordance with 44 CFR part 350 and
reduce some of the onsite EP activities at Pilgrim, based on the
reduced risks once the reactor has been permanently shutdown for a
period of 10 months. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response
authorities will be retained and offsite EP provisions to protect
public health and safety will still exist through State and local
government use of a CEMP.
The NRC is considering issuing the exemptions. 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. This FONSI incorporates by reference the EA in Section II of
this document. Therefore, the NRC concludes that the proposed action
will not have a significant effect on the quality of the human
environment. Accordingly, the NRC has determined not to prepare an
environmental impact statement for the proposed action.
The related environmental document is the ``Generic Environmental
Impact Statement for License Renewal of Nuclear Plants: Regarding
Pilgrim Nuclear Power Station, Final Report,'' NUREG-1437, Supplement
29, Volumes 1 and 2, which provides the latest environmental review of
current operations and description of environmental conditions at
Pilgrim.
The finding and other related environmental documents may be
examined, and/or copied for a fee, at the NRC's Public Document Room
(PDR), located at One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852. Publicly-available records are accessible
electronically from ADAMS Public Electronic Reading Room on the
internet at the NRC's website: https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS should contact the
NRC's PDR Reference staff by telephone at 1-800-397-4209 or 301-415-
4737, or by email to [email protected].
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Document ADAMS accession No./web link
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Federal Emergency Management Agency, https://www.fema.gov/media-
Developing and Maintaining Emergency library-data/20130726-1828-
Operations Plans, Comprehensive 25045-0014/
Preparedness Guide (CPG) 101, Version cpg_101_comprehensive_prepared
2.0, November 2010. ness_guide_developing_and_main
taining_emergency_operations_p
lans_2010.pdf.
Halter, Mandy K., Entergy Nuclear ML18186A635.
Operations, Inc., ``Request for
Exemptions from Portions of 10 CFR
50.47 and 10 CFR Part 50, Appendix
E,'' July 3, 2018.
Halter, Mandy K., Entergy Nuclear ML18338A205.
Operations, Inc., ``Response to
Request for Additional Information--
Exemption from the Requirements of 10
CFR 50.47 and Appendix E to 10 CFR
Part 50,'' November 30, 2018.
Halter, Mandy K., Entergy Nuclear ML18341A219.
Operations, Inc., ``Response to
Request for Additional Information--
Exemption from the Requirements of 10
CFR 50.47 and Appendix E to 10 CFR
Part 50,'' December 4, 2018.
Halter, Mandy K., Entergy Nuclear ML19050A298 (Package).
Operations, Inc., ``Response to
Request for Additional Information--
Exemption from the Requirements of 10
CFR 50.47 and Appendix E to 10 CFR
Part 50,'' February 14, 2019.
[[Page 69400]]
Halter, Mandy K., Entergy Nuclear ML19056A260 (Package).
Operations, Inc., ``Response to
Request for Additional Information--
Exemption from the Requirements of 10
CFR 50.47 and Appendix E to 10 CFR
Part 50,'' February 18, 2019.
Bakken III, A. Christopher, Entergy ML18320A031.
Nuclear Operations, Inc.,
``Application for Order Consenting to
Direct and Indirect Transfers of
Control of Licenses and Approving
Conforming License Amendment; and
Request for Exemption from 10 CFR
50.82(a)(8)(i)(A),'' November 16, 2018.
Ventosa, John, Entergy Nuclear ML15328A053.
Operations, Inc., ``Notification of
Permanent Cessation of Power
Operations,'' November 10, 2015.
Sullivan, Brian R., Energy Nuclear ML19161A033.
Operations, Inc., ``Certifications of
Permanent Cessation of Power
Operations and Permanent Removal of
Fuel from the Reactor Vessel,'' June
10, 2019.
U.S. Environmental Protection Agency, https://www.epa.gov/sites/
PAG Manual: Protective Action Guides production/files/2017-01/
and Planning Guidance for Radiological documents/
Incidents, January 2017. epa_pag_manual_final_revisions
_01-11-
2017_cover_disclaimer_8.pdf.
SECY-19-0078, ``Request by Entergy ML18347A717 (Package).
Nuclear Operations, Inc. for
Exemptions from Certain Emergency
Planning Requirements for the Pilgrim
Nuclear Power Station,'' August 9,
2019.
Staff Requirements Memorandum to SECY- ML19308A034.
19-0078, ``Request by Entergy Nuclear
Operations, Inc. for Exemptions from
Certain Emergency Planning
Requirements for the Pilgrim Nuclear
Power Station,'' November 4, 2019.
NUREG-1437, Supplement 29, ``Generic ML071990020, ML071990027.
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Regarding Pilgrim Nuclear Power
Station,'' Volumes 1 and 2, July 2007.
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Dated at Rockville, Maryland, this 13th day of December, 2019.
For the Nuclear Regulatory Commission.
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-27278 Filed 12-17-19; 8:45 am]
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