[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Notices]
[Pages 59565-59568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20858]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-289 and 50-320; NRC-2020-0211]
Exelon Generation Company, LLC; Three Mile Island Nuclear
Station, Units 1 and 2
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 exemptions that would permit the licensee to reduce its
emergency planning (EP) activities at Three Mile Island Nuclear
Station, Unit 1 (TMI-1) and Unit 2 (TMI-2). 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 TMI-1,
which is permanently shut down and defueled, and at TMl-2, which has a
possession-only license. 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
September 22, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0211 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-2020-0211. Address
questions about 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]. 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.
FOR FURTHER INFORMATION CONTACT: Theodore Smith, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6721; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated June 20, 2017 (ADAMS Accession No. ML17171A151),
pursuant to paragraph 50.82(a)(1)(i) of title 10 of the Code of Federal
Regulations (10 CFR), Exelon Generation Company, LLC (Exelon) certified
to the NRC that it planned to permanently cease power operations at
TMI-1 on or about September 30, 2019. TMI-1 subsequently permanently
ceased power operations on September 20, 2019. By letter dated
September 26, 2019 (ADAMS Accession No. ML19269E480), pursuant to 10
CFR 50.82(a)(1)(ii), Exelon certified to the NRC that all fuel had been
permanently removed from the TMI-1 reactor vessel and placed in the
spent fuel pool (SFP) as of September 26, 2019. Accordingly, pursuant
to 10 CFR 50.82(a)(2), the TMI-1 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 TMI-1 facility in the SFP. A dry cask
independent spent fuel storage installation (ISFSI) is under
construction onsite to store the TMI-1 spent fuel.
TMI-2 has a possession-only license and is currently maintained in
accordance with the NRC-approved SAFSTOR condition (method in which a
nuclear facility is placed and maintained in a condition that allows it
to be safely stored and subsequently decontaminated) known as post-
defueling monitored storage. Spent fuel for TMI-2 has already been
removed from the site, though residual contamination and radiological
materials exist. Therefore, TMI-2 is also permanently shut down and
defueled. Exelon maintains the EP responsibilities for TMI-2, which is
owned by First Energy Corporation, through a service agreement.
By letter dated July 1, 2019 (ADAMS Accession No. ML19182A104), as
supplemented by letters dated October 9, 2019, and December 10, 2019
(ADAMS Accession Nos. ML19282C285 and ML19344C115, respectively),
Exelon requested exemptions from certain EP requirements in 10 CFR part
50 for TMI-1 and TMI-2.
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 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 488 days (approximately 16 months) after
TMI-1 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
[[Page 59566]]
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 TMI-1 and TMI-2, based on the reduced risks
once the TMI-1 reactor has been permanently shut down for a period of
488 days. 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 1, 2019, as
supplemented by letters dated October 9, 2019, and December 10, 2019.
Need for the Proposed Action
The proposed action is needed for the licensee to revise the TMI-1
and TMI-2 Emergency Plan once the TMI-1 reactor has been permanently
shutdown for a period of 488 days. The EP requirements currently
applicable to TMI-1 and TMI-2 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 for TMI-1,
pursuant to 10 CFR 50.82(a)(2), the TMI-1 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 TMI-1 reactor operation is no
longer credible. Since the TMI-2 license had already been modified to
allow possession but not operation before the effective date of the
rule requiring these certifications, pursuant to 10 CFR 50.82(a)(2),
the certifications have been deemed submitted for TMI-2 as well and,
therefore, the occurrence of postulated accidents associated with TMI-2
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 TMI-1 and TMI-2 in their permanently shutdown
and defueled condition. These are: (1) A fuel-handling accident; (2)
fire in the TMI-2 reactor building with the reactor building purge
system in operation; (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) 20-0041, ``Request by Exelon Generation Company, LLC for
Exemptions from Certain Emergency Planning Requirements for the Three
Mile Island Nuclear Station,'' dated May 5, 2020 (ADAMS Package
Accession No. ML19311C762). In SECY-20-0041, 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-20-0041,
dated July 27, 2020 (ADAMS Accession No. ML20209A439).
Based on these analyses, the licensee states that complete
application of the EP rule to TMI-1 and TMI-2 488 days after TMI-1's
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 TMI-1 and TMI-2 488 days after TMI-1's 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 TMI-1 and TMI-2, based on
the reduced risks once the TMI-1 reactor has been permanently shutdown
for a period of 488 days. 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.
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
[[Page 59567]]
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 August 24, 2020, the
Commonwealth of Pennsylvania 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) the 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 TMI-1 and TMI-
2, based on the reduced risks once the TMI-1 reactor has been
permanently shutdown for a period of 488 days. 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 Three
Mile Island Nuclear Station, Unit 1,'' NUREG-1437, Supplement 37, and
``Environmental Impact Statement Related to Decontamination and
Disposal of Radioactive Wastes Resulting from March 28, 1979 Accident
Three Mile Island Nuclear Station, Unit 2,'' NUREG-0683 (Vol. I, and
Vol. II), which provide the latest environmental review of current
operations and description of environmental conditions at TMI-1 and
TMI-2.
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.
------------------------------------------------------------------------
Document ADAMS Accession No./Web link
------------------------------------------------------------------------
Federal Emergency Management Agency, https://www.fema.gov/sites/
Developing and Maintaining Emergency default/files/2020-05/
Operations Plans, Comprehensive CPG_101_V2_30NOV2010_FINAL_50
Preparedness Guide (CPG) 101, Version 8.pdf.
2.0, November 2010.
Gallagher, Michael P., Exelon Generation ML19182A104.
Company, LLC, ``Request for Exemptions
from Portions of 10 CFR 50.47 and 10
CFR part 50, appendix E,'' July 1, 2019.
Gallagher, Michael P., Exelon Generation ML19282C285.
Company, LLC, ``Supplement to Request
for Exemptions from Portions of 10 CFR
50.47 and 10 CFR part 50, appendix E
and License Amendment Request for
Proposed Changes to the Three Mile
Island Emergency Plan for Permanently
Defueled Emergency Plan and Emergency
Action Level Scheme,'' October 9, 2019.
Gallagher, Michael P., Exelon Generation ML19344C115.
Company, LLC, ``Response to Request for
Additional Information (RAI) Regarding
Request for Exemptions from Portions of
10 CFR 50.47 and 10 CFR part 50,
appendix E,'' December 10, 2019.
Fewell, J. Bradley, Exelon Generation ML17171A151.
Company, LLC, ``Certification of
Permanent Cessation of Power Operations
for Three Mile Island Nuclear Station,
Unit 1,'' June 20, 2017.
Gallagher, Michael P., Exelon Generation ML19269E480.
Company, LLC, ``Certification of
Permanent Removal of Fuel from the
Reactor Vessel for Three Mile Island
Nuclear Station, Unit 1,'' September
26, 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_revision
s_01-11-
2017_cover_disclaimer_8.pdf.
[[Page 59568]]
SECY-20-0041, ``Request by Exelon ML19311C762 (Package).
Generation Company, LLC for Exemptions
from Certain Emergency Planning
Requirements for the Three Mile Island
Nuclear Station,'' May 5, 2020.
Staff Requirements Memorandum to ML20209A439.
SECY[dash]20[dash]0041, ``Request by
Exelon Generation Company, LLC for
Exemptions from Certain Emergency
Planning Requirements for the Three
Mile Island Nuclear Station,'' July 27,
2020.
NUREG-1437, Supplement 37, ``Generic ML091751063.
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Regarding Three Mile Island Nuclear
Station, Unit 1,'' June 2009.
------------------------------------------------------------------------
Dated: September 17, 2020.
For the Nuclear Regulatory Commission.
Bruce Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2020-20858 Filed 9-21-20; 8:45 am]
BILLING CODE 7590-01-P