[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]
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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.
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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
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Date Title ADAMS Accession No.
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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''.
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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]
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