[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]


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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.

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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 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.

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                Document                   ADAMS Accession No./Web link
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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.
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    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]
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