[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67503-67506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25830]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255; NRC-2021-0206]
Holtec Decommissioning International, LLC, Palisades Nuclear
Plant
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 the December 23, 2020, request
from Holtec Decommissioning International, LLC (HDI) related Palisades
Nuclear Plant (PNP), located in Van Buren County, Michigan. The
exemption would permit HDI to use funds from the PNP nuclear
decommissioning trust (NDT) for spent fuel management and site
restoration activities for PNP. The exemption would also allow such
withdrawals without prior notification to the NRC. The NRC staff is
issuing an environmental assessment (EA) and finding of no significant
impact (FONSI) associated with the proposed exemption.
DATES: The EA and FONSI referenced in this document are available on
November 26, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0206 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-2021-0206. Address
questions about Dockets IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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]. For the convenience of the reader,
the ADAMS accession numbers are provided in a table in the AVAILABILITY
OF DOCUMENTS section of this document.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at NRC's PDR, Room P1 B35, One White Flint
North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
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:
[[Page 67504]]
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) to HDI for Renewed Facility Operating
License No. DPR-20 for PNP, located in Van Buren County, Michigan. HDI
requested the exemption by letter dated December 23, 2020. The
exemption would permit HDI to use funds from the PNP NDT for spent fuel
management and site restoration activities for PNP in the same manner
that funds from the NDT are used under 10 CFR 50.82(a)(8) for
decommissioning activities. HDI submitted the exemption request based
on its analysis of the expected PNP decommissioning costs, spent fuel
management costs, and site restoration costs, as provided in the PNP
Post-Shutdown Decommissioning Activities Report (PSDAR) submitted by
HDI to the NRC on December 23, 2020.
By letter dated December 23, 2020, Entergy Nuclear Operations, Inc.
(ENOI), on behalf of itself, Entergy Nuclear Palisades, LLC (ENP),
Holtec International (Holtec), and HDI, requested that the NRC consent
to (1) the indirect transfer of control of Renewed Facility Operating
License No. DPR-20 for PNP, the general license for the PNP Independent
Spent Fuel Storage Installation (ISFSI), Facility Operating License No.
DPR-6 for Big Rock Point Plant (Big Rock Point), and the general
license for the Big Rock Point ISFSI (referred to collectively as the
Sites and the licenses) to Holtec; and (2) the transfer of ENOI's
operating authority (i.e., its authority to conduct licensed activities
at the Sites) to HDI. The requested exemption from 10 CFR
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) would only apply following an NRC
approval of this license transfer application and the consummation of
the transfer transaction.
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 of this
document, and in accordance with 10 CFR 51.31(a), 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 partially exempt HDI 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 HDI to
use funds from the PNP NDT for spent fuel management and site
restoration activities not associated with radiological decommissioning
activities and would exempt HDI from the requirement for prior
notification to the NRC for these withdrawals.
The proposed action is in accordance with HDI's application dated
December 23, 2020.
Need for the Proposed Action
By letter dated January 4, 2017, as supplemented by letters dated
September 28, 2017, and October 19, 2017, ENOI submitted notification
to the NRC indicating that it would permanently cease power operations
at PNP no later than May 31, 2022.
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 HDI to use funds from the PNP
NDT for spent fuel management and site restoration activities for PNP.
HDI stated that Table 1 of the exemption request demonstrates that
the PNP NDT contains the funds needed to cover the estimated costs of
PNP radiological decommissioning, as well as spent fuel management and
site restoration activities. The adequacy of funds in the PNP NDT to
cover the costs of activities associated with spent fuel management,
site restoration, and radiological decommissioning through license
termination is supported by the HDI PNP PSDAR. HDI stated that it needs
access to the funds in the PNP NDT 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 NDT in connection with the operation of the NDT, no disbursement
may be made from the NDT 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 HDI to use funds from the PNP
NDT for spent fuel management and site restoration activities without
prior NRC notification.
In summary, by letter dated December 23, 2020, HDI requested an
exemption to allow PNP NDT withdrawals, without prior written
notification to the NRC, for spent fuel management and site restoration
activities for PNP.
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. Before the NRC could approve
the proposed action, it would have to conclude that there is reasonable
assurance that adequate funds are available in the NDT to complete all
activities associated with radiological decommissioning as well as
spent fuel management and site restoration. Therefore, there would be
no decrease in safety associated with the use of the NDT 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 sum
of the balance of any remaining decommissioning funds, 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 HDI to use funds from the PNP NDT that are in
excess of those required for radiological decommissioning, the adequacy
of the funds dedicated for radiological decommissioning would not be
affected by the proposed exemption. Therefore, there is reasonable
assurance that there would be no environmental impact due to lack of
adequate funding for radiological decommissioning.
[[Page 67505]]
The proposed action would not significantly increase the
probability or consequences of radiological accidents. 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 would 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 would 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 environmental 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 and Persons Consulted
No additional agencies or persons were consulted regarding the
environmental impact of the proposed action. On November 5, 2021, the
NRC notified the State of Michigan representative of the EA and FONSI.
The representative had no comments.
III. Finding of No Significant Impact
The requested exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv) would allow HDI to use funds from the PNP NDT for spent
fuel management and site restoration activities for PNP, 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 proposed
action involves an exemption from requirements that are of a financial
or administrative nature and that would 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 of this document. 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 HDI's letter dated December 23, 2020, there are no other
environmental documents associated with this review.
Previous considerations regarding the environmental impacts of
operating PNP are described in NUREG-1437, Supplement 27, ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants:
Supplement 27 Regarding Palisades Nuclear Plant--Final Report,'' dated
October 2006.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS, as indicated.
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ADAMS Accession
Document description No.
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Letter from ENOI to NRC, ``Certification of Permanent ML17004A062
Cessation of Power Operations,'' dated January 4,
2017.................................................
Letter from ENOI to NRC, ``Certification of Permanent ML17271A233
Cessation of Power Operations,'' dated September 28,
2017.................................................
Letter from ENOI to NRC, ``Supplement to Certification ML17292A032
of Permanent Cessation of Power Operations,'' dated
October 19, 2017.....................................
Letter from HDI to NRC, ``Request for Exemptions from ML20358A239
10 CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv),'' dated December 23, 2020...........
Letter from HDI to NRC, ``Post Shutdown ML20358A232
Decommissioning Activities Report including Site-
Specific Decommissioning Cost Estimate for Palisades
Nuclear Plant,'' dated December 23, 2020.............
Letter from ENOI to NRC, ``Application for Order ML20358A075
Consenting to Transfers of Control of Licenses and
Approving Conforming License Amendments,'' dated
December 23, 2020....................................
NUREG-1437, Supplement 27, ``Generic Environmental ML062710300
Impact Statement for License Renewal of Nuclear
Plants: Supplement 27 Regarding Palisades Nuclear
Plant--Final Report,'' dated October 2006............
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Dated: November 22, 2021.
For the Nuclear Regulatory Commission.
[[Page 67506]]
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-25830 Filed 11-24-21; 8:45 am]
BILLING CODE 7590-01-P