[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]
 BILLING CODE 7590-01-P