[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88664-88667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28293]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255; NRC-2023-0200]
Environmental Assessment and Finding of No Significant Impact;
Holtec Decommissioning International, LLC, and Holtec Palisades, LLC,
Palisades Nuclear Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; 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 the Palisades Nuclear Plant
(Palisades). Specifically, Holtec Decommissioning International, LLC
(HDI), one of the licensees of Palisades and an indirect wholly owned
subsidiary of Holtec International (Holtec), requested an exemption on
behalf of Holtec Palisades, LLC, the other Palisades licensee
(hereinafter collectively referred to as the licensee) that would
eliminate the requirements to maintain formal offsite radiological
emergency plans, as well as reduce the scope of some of the onsite EP
activities based on the reduced risks at Palisades, based on the
submission of certifications for permanent cessation of operations and
permanent removal of fuel from the reactor vessel at Palisades.
However, requirements for an onsite radiological emergency plan and 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 an environmental
assessment (EA) and a finding of no significant impact (FONSI)
associated with the proposed exemptions.
DATES: The EA and FONSI referenced in this document are available on
December 22, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0200 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-2023-0200. 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, at 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.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tanya E. Hood, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-1387; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letters dated September 28, 2017, and October 19, 2017, in
accordance with sections 50.4(b)(8) and 50.82(a)(1)(i) of title 10 of
the Code of Federal Regulations (10 CFR) part 50, ``Domestic Licensing
of Production and Utilization Facilities,'' Entergy Nuclear Operations,
Inc. (ENOI), which was the licensee at that time, notified the NRC that
it had decided to permanently cease power operations at Palisades by
May 31, 2022.
Pursuant to 10 CFR 50.82(a)(1)(ii), by letter dated June 13, 2022,
ENOI certified to the NRC that the fuel had been permanently removed
from the Palisades reactor vessel and placed in the spent fuel pool
(SFP). Upon the docketing of these certifications, in accordance with
10 CFR 50.82(a)(2), the Palisades license no longer authorizes
operation of the reactor or emplacement or retention of fuel into the
reactor vessel. The spent fuel from Palisades is stored in the SFP and
in dry cask storage at the onsite independent spent fuel storage
installation, where it will remain until it is shipped offsite.
By Order dated December 13, 2021, the NRC approved a transfer of
the Palisades license from ENOI and Entergy Nuclear Palisades, LLC, to
Holtec and HDI. This transfer was executed on June 28, 2022, such that
HDI and Holtec Palisades, LLC became the licensees for Palisades. To
address the upcoming transition from an operating plant to a
permanently defueled facility, by letter dated September 24, 2018, the
NRC issued an amendment authorizing ENOI to adopt a post-shutdown
emergency plan (PSEP) and approving changes to the Palisades emergency
plan to support the planned permanent cessation of operations and
permanent removal of fuel from the reactor vessel. Upon implementation
of the PSEP on June 15, 2022, the Palisades emergency response
organization on-shift and augmented staffing requirements were revised
commensurate with the reduced spectrum of credible accidents for a
permanently shut down and defueled nuclear power reactor facility.
By letter dated July 11, 2022, the licensee requested exemptions
from specific portions of 10 CFR 50.47, ``Emergency plans,'' and
appendix E, ``Emergency Planning and Preparedness for Production and
Utilization Facilities,'' to 10 CFR part 50 for the Palisades license.
More specifically, HDI requested exemptions from certain planning
standards in 10 CFR 50.47(b) regarding onsite and offsite radiological
emergency preparedness (REP) plans for
[[Page 88665]]
nuclear power reactors; from certain requirements in 10 CFR 50.47(c)(2)
for establishment of plume exposure pathway and ingestion pathway
emergency planning zones (EPZs) for nuclear power reactors; and from
certain requirements in 10 CFR part 50, appendix E, section IV,
``Content of Emergency Plans.''
HDI's requested exemptions would eliminate the NRC requirements to
maintain formal offsite REP 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 would reduce the scope of the onsite EP activities
at Palisades. The request by HDI is based on the reduced risks of an
offsite radiological release at Palisades after permanent cessation of
power operations and when all spent fuel has decayed for at least 12
months. The exemptions would maintain the requirements for an onsite
radiological emergency plan and would continue to ensure the capability
to communicate and coordinate with offsite response authorities. These
exemptions will terminate if the status of the Palisades reactor
changes such that the certifications of permanent cessation of
operations and permanent removal of fuel from the reactor vessel are no
longer applicable and the facility would be required to come into
compliance with all applicable NRC regulations.
The EP requirements of 10 CFR 50.47 and appendix E to 10 CFR part
50 do not distinguish between operating reactors and those that have
ceased operations 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 must seek
exemptions from certain EP regulatory requirements before it can change
its emergency plans.
The NRC is therefore considering issuing to the licensee the
proposed exemptions from portions of 10 CFR 50.47 and appendix E to 10
CFR part 50, which 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 radiological risks as
Palisades has permanently ceased power operations and all spent fuel
has decayed for more than 12 months.
Consistent with 10 CFR 51.21, ``Criteria for and identification of
licensing and regulatory actions requiring environmental assessments,''
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 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
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 NRC requirements for the licensee
to maintain offsite radiological emergency plans in accordance with 44
CFR part 50 and reduce some of the onsite EP activities at Palisades.
However, requirements for certain onsite capabilities to communicate
and coordinate with offsite response authorities would be retained.
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, is addressed in FEMA's CPG 101. 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. A CEMP 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 previously noted discussion
in this notice and the licensee's exemption request dated July 11,
2022.
Need for the Proposed Action
The proposed action is needed for the licensee to revise the
Palisades PSEP. Since the certifications for permanent cessation of
operations and permanent removal of fuel from the reactor vessel have
been docketed, pursuant to 10 CFR 50.82(a)(2), the Palisades 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
Palisades reactor operation is no longer credible. As the EP
requirements do not distinguish between operating reactors and a power
reactor that has been permanently shut down and defueled, the licensee
requests an exemption from certain EP requirements commensurate with
the radiological risks at the site.
In its exemption request, the licensee identified four possible
design-basis accidents (DBAs) at Palisades in its permanently shut down
and defueled condition. These are: (1) a fuel handling accident in the
reactor cavity; (2) an accidental release of waste gas; (3) an
accidental release of waste liquid; and (4) a postulated cask drop
accident. The licensee also considered the consequences of a beyond DBA
involving a complete loss of SFP water inventory and no accompanying
heat loss (i.e., adiabatic heat up). The NRC staff evaluated these
possible radiological accidents, as well as the associated analyses
provided by the licensee, in the Commission Paper (SECY)-23-0043,
``Request by Holtec Decommissioning International, LLC for Exemptions
from Certain EP Requirements for Palisades Nuclear Plant,'' dated May
15, 2023.
In SECY-23-0043, 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 DBA, an offsite
radiological release will not exceed the U.S. Environmental Protection
Agency's (EPA) early phase Protective Action Guides (PAGs) at the
exclusion area boundary (EAB), as detailed in Table 1-1, ``Summary
Table for PAGs, Guidelines, and Planning Guidance for Radiological
Incidents,'' to the EPA's ``PAG Manual: Protective Action Guides and
Planning Guidance for Radiological Incidents,'' EPA-400/R-17/001, dated
January 2017; (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 (3) in the event a
radiological release has or
[[Page 88666]]
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 to SECY-23-0043, dated December 7, 2023.
Based on the licensee's analyses related to the reduced
radiological risks, the licensee states that complete application of
the EP regulations to Palisades 12 months after permanent cessation of
power operations would not serve the underlying purpose of the
regulations and is not necessary to achieve the underlying purpose of
the regulations. 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 Palisades 12 months after its 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 NRC 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 Palisades, based on the
reduced risks once the reactor has been permanently shut down for a
period of 12 months. 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, land disturbance, or modification of plant
operational systems. There would be no 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 environmental 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, the
proposed action would not significantly 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. For these reasons, 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
The proposed action does not involve the use of any different
resources than those previously considered in the ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants:
Regarding Palisades Nuclear Plant--Final Report,'' NUREG-1437,
Supplement 27, dated October 2006.
Agencies or Persons Consulted
No additional agencies or persons were consulted regarding the
environmental impact of the proposed action. On September 21, 2023, the
State of Michigan 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 requirements 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 NRC 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 Palisades,
based on the reduced risks once the reactor has been permanently shut
down for a period of 12 months. 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 is a final finding and 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.
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 description ADAMS accession No./weblink
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Federal Emergency Management Agency, https://www.fema.gov/media-
``Developing and Maintaining Emergency library-data/20130726-1828-
Operations Plans,'' Comprehensive 25045-0014/
Preparedness Guide (CPG) 101, Version cpg_101_comprehensive_prepared
2.0, November 2010. ness_guide_developing_and_main
taining_emergency_operations_p
lans_2010.pdf.
[[Page 88667]]
Letter from Entergy Nuclear Operations, ML17271A233.
Inc. to U.S. Nuclear Regulatory
Commission, ``Certification of
Permanent Cessation of Power
Operations, Palisades Nuclear Plant,
Docket No. 50-255,'' dated September
28, 2017.
Letter from Entergy Nuclear Operations, ML17292A032.
Inc. to U.S. Nuclear Regulatory
Commission, ``Supplement to
Certification of Permanent Cessation
of Power Operations, Palisades Nuclear
Plant, Docket No. 50-255,'' dated
October 19, 2017.
Letter from Entergy Nuclear Operations, ML22164A067.
Inc. to U.S. Nuclear Regulatory
Commission, ``Certifications of
Permanent Cessation of Power
Operations and Permanent Removal of
Fuel from the Reactor Vessel,'' dated
June 13, 2022.
Letter from U.S. Nuclear Regulatory ML21292A155 (Package).
Commission to Entergy Nuclear
Operations, Inc., ``Palisades Nuclear
Plant and Big Rock Point Plant--Order
Approving Transfer of Licenses and
Draft Conforming Administrative
License Amendments (EPID L-2020-LLM-
0003),'' dated December 13, 2021.
Email from Entergy Nuclear Operations, ML22179A075.
Inc. to U.S. Nuclear Regulatory
Commission, ``Notification of
Palisades and Big Rock Point License
Transfer (EPIDs L-2022-LLM-0002 and L-
2020-LLM-0003),'' dated June 28, 2022.
Letter from U.S. Nuclear Regulatory ML18170A219.
Commission to Entergy Nuclear
Operations, Inc., ``Palisades Nuclear
Plant--Issuance of Amendment Re:
Changes to the Emergency Plan for
Permanently Defueled Condition (CAC
No. MG0198; EPID L-2017-LLA-0305),''
dated September 24, 2018.
Letter from Holtec Decommissioning ML22192A134.
International, LLC, to U.S. Nuclear
Regulatory Commission, ``Request for
Exemptions from Certain Emergency
Planning Requirements of 10 CFR 50.47;
10 CFR 50.47(c)(2); and 10 CFR part
50, appendix E,'' dated July 11, 2022.
SECY-23-0043, ``Request by Holtec ML23054A179 (Package).
Decommissioning International, LLC for
Exemptions from Certain EP
Requirements for Palisades Nuclear
Plant,'' dated May 15, 2023.
U.S. Environmental Protection Agency ML17044A073.
(EPA), EPA-400/R-17/001, ``PAG Manual:
Protective Action Guides and Planning
Guidance for Radiological Incidents,''
January 2017.
Staff Requirements Memorandum to SECY- ML23341A181.
23-0043, ``Request by Holtec
Decommissioning International, LLC for
Exemptions from Certain EP
Requirements for Palisades Nuclear
Plant,'' dated December 7, 2023.
NUREG-1437, Supplement 27, ``Generic ML062710300.
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Regarding Palisades Nuclear Plant--
Final Report,'' dated October 2006.
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Dated: December 19, 2023.
For the Nuclear Regulatory Commission.
Shaun M. Anderson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2023-28293 Filed 12-21-23; 8:45 am]
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