[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47255-47258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16936]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-331; NRC-2020-0176]


NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption in response to a February 25, 2020, as 
supplemented

[[Page 47256]]

by letter dated May 29, 2020, request from NextEra Energy Duane Arnold, 
LLC (NEDA, the licensee) for Duane Arnold Energy Center (DAEC). The 
exemption would permit the licensee to use funds from the DAEC 
decommissioning trust fund (DTF, the Trust) for spent fuel management 
activities and site restoration. The exemption would also allow such 
withdrawals without prior notification to the NRC. The NRC staff is 
issuing a final Environmental Assessment (EA) and final Finding of No 
Significant Impact (FONSI) associated with the proposed exemption.

DATES: The EA and FONSI referenced in this document are available on 
August 4, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0176 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-2020-0176. 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 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, the ADAMS accession numbers are provided in 
a table in the Availability of Documents section of this document.

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

    The NRC is considering issuance of an exemption from sections 
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of 
Federal Regulations (10 CFR) for Renewed Facility Operating License No. 
DPR-49, issued to NEDA for DAEC, located in Linn County, Iowa. The 
licensee requested the exemption by letter dated February 25, 2020 
(ADAMS Accession No. ML20056E054), as supplemented by letter dated May 
29, 2020 (ADAMS Accession No. ML20153A371). The exemption would allow 
the licensee to use funds from the Trust for spent fuel management and 
site restoration activities, in the same manner that funds from the 
Trust are used under 10 CFR 50.82(a)(8) for decommissioning activities. 
In accordance with 10 CFR 51.21, the NRC prepared the following EA that 
analyzes the environmental impacts of the proposed action. Based on the 
results of this EA, which are provided in Section II, and in accordance 
with 10 CFR 51.31(a), the NRC has determined not to prepare an 
environmental impact statement for the proposed licensing action and is 
issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would partially exempt NEDA from the 
requirements set forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(1)(iv). Specifically, the proposed action would allow NEDA to 
use funds from the Trust for spent fuel management and site restoration 
activities not associated with radiological decommissioning and would 
exempt NEDA from the requirement for prior notification to the NRC for 
these activities.
    The proposed action is in accordance with the licensee's 
application dated February 25, 2020, as supplemented by letter dated 
May 29, 2020.

Need for the Proposed Action

    By letter dated January 18, 2019 (ADAMS Accession No. ML19023A196), 
NEDA submitted to the NRC a certification in accordance with 10 CFR 
50.82(a)(1)(i), stating its determination to permanently cease power 
operations at DAEC in the fourth quarter of 2020. By letter dated March 
2, 2020 (ADAMS Accession No. ML20062E489), NEDA updated this 
certification, stating that it plans to permanently cease power 
operations at DAEC on October 30, 2020.
    As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust 
funds may be used by the licensee if the withdrawals are for legitimate 
decommissioning activity expenses, consistent with the definition of 
decommissioning in 10 CFR 50.2. This definition addresses radiological 
decommissioning and does not include activities associated with spent 
fuel management or site restoration. Similarly, the requirements of 10 
CFR 50.75(h)(1)(iv) restrict the use of decommissioning trust fund 
disbursements (other than for ordinary and incidental expenses) to 
decommissioning expenses until final decommissioning has been 
completed. Therefore, exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 
CFR 50.75(h)(1)(iv) is needed to allow NEDA to use funds from the Trust 
for spent fuel management and site restoration activities.
    NEDA stated that Table 1 of Attachment 1 of the application dated 
February 25, 2020, demonstrates that the Trust contains the amount 
needed to cover the estimated costs of radiological decommissioning, as 
well as spent fuel management and site restoration activities. The 
adequacy of funds in the Trust to cover the costs of activities 
associated with spent fuel management, site restoration, and 
radiological decommissioning through license termination is supported 
by the DAEC Post-Shutdown Decommissioning Activities Report and site-
specific Decommissioning Cost Estimate submitted by NEDA in a letter 
dated April 2, 2020 (ADAMS Accession No. ML20094F603). The licensee 
stated that it needs access to the funds in the Trust in excess of 
those needed for radiological decommissioning to support spent fuel 
management and site restoration activities not associated with 
radiological decommissioning.
    The requirements of 10 CFR 50.75(h)(1)(iv) further provide that, 
except for withdrawals being made under 10 CFR 50.82(a)(8) or for 
payments of ordinary administrative costs and other incidental expenses 
of the Trust in connection with the operation of the Trust, no 
disbursement may be made from the Trust without written notice to the 
NRC at least 30 working days in advance. Therefore, an exemption from 
10 CFR 50.75(h)(1)(iv) is also needed to allow NEDA to use funds from 
the Trust for spent fuel management and site restoration activities 
without prior NRC notification.
    In summary, by letter dated February 25, 2020, as supplemented by 
letter dated May 29, 2020, NEDA requested an exemption to allow Trust 
withdrawals, without prior written notification to the NRC, for spent 
fuel management and site restoration activities.

[[Page 47257]]

Environmental Impacts of the Proposed Action

    The proposed action involves an exemption from regulatory 
requirements that are of a financial or administrative nature and that 
do not have an impact on the environment. The NRC has completed its 
evaluation of the proposed action and concludes that there is 
reasonable assurance that adequate funds are available in the Trust to 
complete all activities associated with radiological decommissioning as 
well as spent fuel management and site restoration. There is no 
decrease in safety associated with the use of the Trust to also fund 
activities associated with spent fuel management and site restoration. 
Section 50.82(a)(8)(v) of 10 CFR requires a licensee to submit a 
financial assurance status report annually between the time of 
submitting its site-specific decommissioning cost estimate and 
submitting its final radiation survey and demonstrating that residual 
radioactivity has been reduced to a level that permits termination of 
its license. Section 50.82(a)(8)(vi) of 10 CFR requires that if the 
remaining balance, plus expected rate of return, plus any other 
financial surety mechanism does not cover the estimated cost to 
complete radiological decommissioning, additional financial assurance 
must be provided to cover the cost of completion. These annual reports 
provide a means for the NRC to continually monitor the adequacy of 
available funding. Since the exemption would allow NEDA to use funds 
from the Trust that are in excess of those required for radiological 
decommissioning, the adequacy of the funds dedicated for radiological 
decommissioning are not affected by the proposed exemption. Therefore, 
there is reasonable assurance that there will be no environmental 
impact due to lack of adequate funding for radiological 
decommissioning.
    The proposed action will not significantly increase the probability 
or consequences of radiological accidents. The NRC staff has concluded 
that the proposed action has no direct radiological impacts. There 
would be no change to the types or amounts of radiological effluents 
that may be released; therefore, there would be no change in 
occupational or public radiation exposure from the proposed action. 
There are no materials or chemicals introduced into the plant that 
could affect the characteristics or types of effluents released 
offsite. In addition, the method of operation of waste processing 
systems would not be affected by the exemption. The proposed action 
will not result in changes to the design basis requirements of 
structures, systems, and components (SSCs) that function to limit or 
monitor the release of effluents. All the SSCs associated with limiting 
the release of effluents will continue to be able to perform their 
functions. 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.
    With regard to potential non-radiological 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 non-radiological effluents 
and no changes to the plant's 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 non-radiological environment impacts 
associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
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 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the proposed action would result in no change in current 
environmental impacts. 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 July 10, 2020, the NRC 
notified Iowa State representatives of the EA and FONSI.

III. Finding of No Significant Impact

    The licensee has requested an exemption from 10 CFR 
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv), which would allow NEDA to 
use funds from the Trust for spent fuel management and site restoration 
activities, without prior written notification to the NRC. 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 non-radiological 
impacts. The reason the human environment would not be significantly 
affected is that the proposed action involves an exemption from 
requirements that are of a financial or administrative nature and that 
do not have an impact on the human environment. Consistent with 10 CFR 
51.21, the NRC conducted the EA for the proposed action, and this FONSI 
incorporates by reference the EA included in Section II. Therefore, the 
NRC concludes that the proposed action will not have significant 
effects on the quality of the human environment. Accordingly, the NRC 
has determined not to prepare an environmental impact statement for the 
proposed action.
    Other than the licensee's letter dated February 25, 2020, as 
supplemented by letter dated May 29, 2020, there are no other 
environmental documents associated with this review. These documents 
are available for public inspection as indicated in Section I.
    Previous considerations regarding the environmental impacts of 
operating DAEC are described in the ``Final Environmental Statement 
Related to Operation of Duane Arnold Energy Center,'' dated March 1973 
(ADAMS Accession No. ML091200609) and NUREG-1437, Supplement 42, 
``Generic Environmental Impact Statement for License Renewal of Nuclear 
Plants: Regarding Duane Arnold Energy Center,'' Final Report, dated 
October 2010 (ADAMS Accession No. ML102790308).

IV. Availability of Documents

------------------------------------------------------------------------
            Date                      Title          ADAMS Accession No.
------------------------------------------------------------------------
2/25/2020...................  Letter from NEDA to   ML20056E054
                               NRC titled
                               ``Request for
                               Exemptions from 10
                               CFR
                               50.82(a)(8)(i)(A)
                               and 10 CFR
                               50.75(h)(1)(iv)''.

[[Page 47258]]

 
5/29/2020...................  Letter from NEDA to   ML20153A371
                               NRC titled
                               ``Response to
                               Request for
                               Additional
                               Information (RAI)--
                               Request for
                               Exemptions from 10
                               CFR
                               50.82(a)(8)(i)(A)
                               and 10 CFR
                               50.75(h)(1)(iv)''.
4/2/2020....................  Letter from NEDA to   ML20094F603
                               NRC titled ``Post
                               Shutdown
                               Decommissioning
                               Activities Report''.
3/2/2020....................  Letters from NEDA to  ML20062E489
1/18/2019...................   NRC titled           ML19023A196
                               ``Certification of
                               Permanent Cessation
                               of Power
                               Operations''.
10/2010.....................  NUREG-1437,           ML102790308
                               Supplement 42,
                               ``Generic
                               Environmental
                               Impact Statement
                               for License Renewal
                               of Nuclear Plants:
                               Regarding Duane
                               Arnold Energy
                               Center,'' Final
                               Report.
3/1973......................  ``Final               ML091200609
                               Environmental
                               Statement Related
                               to Operation of
                               Duane Arnold Energy
                               Center''.
------------------------------------------------------------------------


    Dated: July 30, 2020.

    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. 2020-16936 Filed 8-3-20; 8:45 am]
BILLING CODE 7590-01-P