[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Notices]
[Pages 43556-43557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15566]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-0346; NRC-2022-0138]


Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation 
LLC; Davis-Besse Nuclear Power Station, Unit No. 1

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 amendment to Renewed Facility Operating License No. NPF-
3, issued on December 8, 2015, and held by Energy Harbor Nuclear Corp. 
(EHNC) and Energy Harbor Nuclear Generation LLC for the operation of 
Davis-Besse Nuclear Power Station, Unit No. 1 (Davis-Besse). The 
proposed amendment would revise the emergency plan for Davis-Besse by 
changing the emergency response organization (ERO) requirements. The 
NRC is issuing an environmental assessment (EA) and finding of no 
significant impact (FONSI) associated with the proposed license 
amendment.

DATES: The EA and FONSI referenced in this document are available on 
July 21, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0138 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-2022-0138. Address 
questions about Docket 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]. 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.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the 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. Eastern Time (ET), Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Blake A. Purnell, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1380, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    By letter dated January 19, 2022 (ADAMS Accession No. ML22019A236), 
as supplemented by letter dated July 5, 2022 (ADAMS Accession No. 
ML22186A121), EHNC submitted a request to amend Renewed Facility 
Operating License No. NPF-3, issued to EHNC and Energy Harbor Nuclear 
Generation LLC, for the operation of Davis-Besse, which is located in 
Ottawa County, Ohio. The proposed amendment would revise the emergency 
plan for Davis-Besse by changing the ERO staffing requirements. The 
changes include eliminating ERO positions; adding ERO positions; 
changing position descriptions, titles, duties, and duty locations; 
changing response times; and relocating certain position descriptions 
to other parts of the emergency plan or to implementing procedures.
    Each licensee for a nuclear power plant is required to establish an 
emergency plan to be implemented in the event of an accident in 
accordance with section 50.47 and appendix E of title 10 of the Code of 
Federal Regulations (10 CFR). The emergency plan covers preparation for 
evacuation, sheltering, and other actions to protect individuals near 
the plant in the event of an accident. An effective emergency 
preparedness program decreases the likelihood of an initiating event at 
a nuclear power plant proceeding to a severe accident. Emergency 
preparedness cannot affect the probability of the initiating event, but 
a high level of emergency preparedness increases the probability of 
accident mitigation if the initiating event proceeds beyond the need 
for initial operator actions.
    The regulations in 10 CFR 50.54(q)(2) require licensees for nuclear 
power plants to follow and maintain the effectiveness of an emergency 
plan that meets the standards in 10 CFR 50.47(b) and the requirements 
in 10 CFR part 50, appendix E. Sections 50.54(q)(3) and (4) specify the 
process by which a licensee may make changes to its emergency plan. In 
accordance with 10 CFR 50.54(q)(4), EHNC submitted the January 19, 
2022, license amendment request, pursuant to 10 CFR 50.90, to obtain 
NRC approval of the proposed changes to the Davis-Besse emergency plan 
prior to implementation.
    The NRC staff is considering approval of the January 19, 2022, 
license amendment request for Davis-Besse. Therefore, as required by 10 
CFR 51.21, the NRC performed an EA. Based on the results of the EA that 
follows, the NRC has determined not to prepare an environmental impact 
statement for the proposed licensing action and is issuing a FONSI.
    In addition to this EA, the NRC is conducting a safety evaluation 
of EHNC's proposed changes to the emergency plan for Davis-Besse, which 
will be documented separately. The safety evaluation of the proposed 
changes to the emergency plan will determine whether there continues to 
be reasonable assurance that adequate protective measures can and will 
be taken in the event of a radiological emergency at Davis-Besse, in 
accordance with the standards of 10 CFR 50.47(b) and the requirements 
in 10 CFR part 50, appendix E.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would revise the ERO requirements identified in 
the emergency plan for Davis-Besse, including the on-shift, minimum, 
and full-augmentation ERO staffing requirements. The proposed revisions 
include eliminating ERO positions; adding ERO positions; changing 
position descriptions, titles, duties, and duty locations; changing 
response times, and relocating certain position descriptions to other 
parts of the emergency plan or to implementing procedures. Overall, 
staffing levels are not expected to increase.
    The proposed action is in accordance with EHNC's application dated 
January 19, 2022.

Need for the Proposed Action

    The proposed action would align the emergency plan for Davis-Besse 
with the NRC's alternative guidance for EROs provided in a June 12, 
2018, letter to the Nuclear Energy Institute (ADAMS Accession No. 
ML18022A352). This

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alternative guidance is also included in NUREG-0654/FEMA-REP-1, 
Revision 2, ``Criteria for Preparation and Evaluation of Radiological 
Emergency Response Plans and Preparedness in Support of Nuclear Power 
Plants,'' dated December 2019 (ADAMS Accession No. ML19347D139). This 
change would provide EHNC with greater flexibility in staffing ERO 
positions. The application states that EHNC discussed the proposed 
changes to the emergency plan with the offsite response organizations 
for the State of Ohio, Ottawa County, and Lucas County, and that these 
organizations had no concerns.

Environmental Impacts of the Proposed Action

    The proposed action consists of changes related to staffing 
positions, position descriptions, titles, duties, duty locations, and 
response times specified in the emergency plan for Davis-Besse. The on-
shift, minimum, and full-augmentation ERO staffing requirements listed 
in the emergency plan would be revised. The proposed revisions include 
eliminating ERO positions; adding ERO positions; changing position 
descriptions, titles, duties, and duty locations; changing response 
times, and relocating certain position descriptions to other parts of 
the emergency plan or to implementing procedures.
    The proposed changes would have no impact on nonradiological 
resources, such as land use or water resources, including terrestrial 
and aquatic biota, as they involve no new construction, ground 
disturbing activities, or modification of plant operational systems. 
There would be no changes to the quality or quantity of nonradiological 
effluents and no changes to the plant's National Pollutant Discharge 
Elimination System permit as a result of the proposed amendment. The 
overall staffing levels are not expected to increase; therefore, worker 
vehicle air emissions are not expected to increase, and established 
threshold emissions set forth in 40 CFR 93.153(b) for designated 
nonattainment or maintenance areas would not be exceeded. Since the 
proposed changes will not increase staffing levels and will not involve 
ground disturbing activities, modification of plant operation systems, 
or new construction, there would be no noticeable effect on 
socioeconomic conditions in the region, no environment justice impacts, 
and no impacts to historic and cultural resources from the proposed 
changes. Therefore, there would be no significant nonradiological 
environmental impacts associated with the proposed action.
    With regard to potential radiological environmental impacts, the 
proposed action would not increase the probability or consequences of 
radiological accidents because the emergency plan must continue to meet 
the standards of 10 CFR 50.47(b) and the requirements in 10 CFR part 
50, appendix E. 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 changes. 
Moreover, no changes would be made to plant buildings or the site 
property from the proposed changes. Therefore, there would be 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 
denial of the license amendment request (i.e., the ``no-action'' 
alternative). Denial of the license amendment request would result in 
no change to current environmental impacts. Accordingly, the 
environmental impacts of the proposed action and the no-action 
alternative would be 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.

III. Finding of No Significant Impact

    EHNC has requested a license amendment pursuant to 10 CFR 50.90 to 
revise the emergency plan for Davis-Besse by eliminating ERO positions; 
adding ERO positions; changing position descriptions, titles, duties, 
and duty locations; changing response times, and relocating certain 
position descriptions to other parts of the emergency plan or to 
implementing procedures. The NRC staff is considering issuance of the 
requested amendment.
    Consistent with 10 CFR 51.21, the NRC staff conducted an EA of the 
proposed action, which is provided in Section II of this notice and is 
incorporated by reference in this FONSI. Based on this EA, the NRC 
staff has concluded that the proposed action will not have a 
significant impact on the quality of the human environment. 
Accordingly, the NRC staff has determined there is no need to prepare 
an environmental impact statement for the proposed action.
    Previous considerations regarding the environmental impacts of 
operating Davis-Besse, in accordance with its renewed facility 
operating license, are described in NUREG-1437, Supplement 52, 
``Generic Environmental Impact Statement for License Renewal of Nuclear 
Plants: Regarding Davis-Besse Nuclear Power Station,'' Final Report, 
Volumes 1 and 2 (ADAMS Accession Nos. ML15112A098 and ML15113A187, 
respectively), dated April 2015.
    This FONSI and other related environmental documents may be 
examined, and/or copied for a fee, at the NRC's PDR, located at Room P1 
B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852. Publicly available records are also accessible online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS should contact the 
NRC's PDR reference staff by telephone at 1-800-397-4209 or 301-415-
4737, or by email to [email protected].

    Dated: July 14, 2022.

    For the Nuclear Regulatory Commission.
Blake A. Purnell,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2022-15566 Filed 7-20-22; 8:45 am]
BILLING CODE 7590-01-P