[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4999-5002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01484]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-305; NRC-2024-0023]
Kewaunee Solutions, Inc.; Kewaunee Power Station; Environmental
Assessment and Finding of No Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an exemption in response to the March 29, 2023, request
from Kewaunee Solutions, Inc., (KS) Kewaunee Power Station (KPS),
located in Kewaunee County, Wisconsin. The exemption would permit KS to
use funds from the KPS nuclear decommissioning trust (NDT) for the
management of site restoration activities and allow trust disbursements
for site restoration activities to be made without prior notice 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
January 25, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0023 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-2024-0023. 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.
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, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Karl Sturzebecher, Office of Nuclear
Material
[[Page 5000]]
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, telephone: 301-415-8534, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of an exemption from the
requirements of paragraph (a)(8)(i)(A) of section 50.82 ``Termination
of license,'' of part 50, ``Domestic Licensing of Production and
Utilization Facilities,'' of title 10 of the Code of Federal
Regulations (10 CFR) and paragraph (h)(1)(iv) of 10 CFR 50.75,
``Reporting and recordkeeping for decommissioning planning,'' to KS for
Renewed Facility Operating License (RFOL) No. DPR-43 for KPS, located
in Kewaunee County, Wisconsin. The exemption was submitted on March 29,
2023, and supplemented on October 5, 2023, in response to a request for
additional information from the NRC staff dated August 29, 2023,
pertaining to the decommissioning trust fund (DTF) cash flows provided
in the initial exemption request submittal.
The exemption would permit KS to use funds from the KPS NDT for
site restoration activities for KPS in the same manner that funds from
the NDT are used under 10 CFR 50.82(a)(8) for decommissioning
activities. The exemption request submitted by KPS was based on its
analysis of the expected KPS decommissioning and site restoration
costs, as provided in the KPS Post-Shutdown Decommissioning Activities
Report (PSDAR), as supplemented, which was submitted by KS to the NRC
on May 13, 2021.
The exemption would also allow trust disbursements for site
restoration activities to be made without prior notice to the NRC,
which is consistent with a previous exemption allowing KS to use the
KPS NDT for the management of spent fuel, and to allow trust
disbursements for spent fuel management to be made without prior NRC
notice, which was approved on May 21, 2014. The NRC staff's analysis
will include evaluation of the KPS NDT in view of the prior exemption.
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 and prepared the
following EA that analyzes the environmental impacts of the proposed
action. Based on the results of the EA, which is provided in Section II
of this document, and in accordance with paragraph (a) of 10 CFR 51.31,
``Determinations based on environmental assessment,'' 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 KS 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 KS to use funds from the
KPS NDT for site restoration activities not associated with
radiological decommissioning activities and would exempt KS from the
requirement for prior notification to the NRC for these withdrawals.
The proposed action is in accordance with KS's application dated
March 29, 2023, as supplemented by letter dated October 5, 2023.
Need for the Proposed Action
By letter dated February 25, 2013, the previous holder of the KPS
RFOL, Dominion Energy Kewaunee (DEK), submitted a certification to the
NRC indicating it would permanently cease power operations at KPS on
May 7, 2013. On May 7, 2013, DEK permanently ceased power operation at
KPS. On May 14, 2013, DEK certified that it had permanently defueled
the KPS reactor vessel.
By letter dated March 29, 2023, as supplemented by letter dated
October 5, 2023, KS requested an exemption to allow KPS NDT
withdrawals, without prior written notification to the NRC, for site
restoration activities for KPS.
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, ``Definitions.'' This definition
addresses radiological decommissioning and does not include activities
associated with 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 KS to use funds from the KPS NDT
for site restoration activities for KPS.
In the October 5, 2023, supplement to the exemption, KS stated that
the KPS DTF Status Report demonstrates that the KPS NDT contains the
funds needed to cover the estimated costs of KPS radiological
decommissioning and license termination, as well as spent fuel
management and site restoration activities. The supplemental
information also provided additional details on license termination,
spent fuel management, site restoration costs, and total forecasted
expenditure data, based on the DECON decommissioning method and the
current schedule of decommissioning activities for KPS.
The adequacy of funds in the KPS NDT to cover the costs of
activities associated with site restoration and radiological
decommissioning through license termination is supported by the KS KPS
PSDAR. To support site restoration activities not associated with
radiological decommissioning, KS stated that it needs access to the
funds in the KPS NDT in excess of those needed for 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 requested by KS to allow KS to use funds from
the KPS NDT for spent fuel management and site restoration activities
without prior NRC notification.
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 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 to demonstrate that residual
radioactivity has been reduced to a level that permits termination of
its license. Section 50.82(a)(8)(vi) of 10 CFR
[[Page 5001]]
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 KS to use funds from
the KPS 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.
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 nonradiological 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 nonradiological 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 nonradiological 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. 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 January 17, 2024, the
State of Wisconsin representative was notified of this EA and FONSI.
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 KS to use funds from the KPS NDT for site
restoration activities for KPS, 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 nonradiological 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 KS's letter dated March 29, 2023, as supplemented by
letter dated October 5, 2023, there are no other environmental
documents associated with this review.
Previous considerations regarding the environmental impacts of
operating KPS are described in NUREG-1437, Supplement 40, ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants:
Regarding Kewaunee Power Station, Final Report,'' which provides the
latest environmental review of current operations and description of
environmental conditions at KPS.
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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Adams accession No./
Document description Federal Register Notice
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Kewaunee Solutions, Inc., Request for ML23093A031.
Exemptions from 10 CFR 50.82(a)(8)(i)(A)
and 50.75(h)(1)(iv) for Site Restoration
Activities, dated March 29, 2023.
Kewaunee Solutions, Inc., Response to ML23278A100.
Request for Additional Information (RAI)
Application for Kewaunee Solutions (KS)
Site Restoration Activities (EPID NO. L-
2023-LLE-0008), dated October 5, 2023.
NRC, Letter RAI KPS Exemption Site ML23222A152.
Restoration Final Repaired, dated August
29, 2023.
Energy Solutions LLC., Notification of ML21145A083.
Amended Post-Shutdown Decommissioning
Activities Report (Revision 2) for
Kewaunee Power Station, dated May 13, 2021.
Kewaunee Power Station, FRN, Exemption from ML13225A224/79 FR 30900.
the Requirements of 10 CFR part 50,
section 50.82(a)(8)(i)(A) and
50.75(h)(1)(iv) (TAC MF1438), dated May
21, 2014.
Dominion Energy Kewaunee, Inc., Kewaunee ML13058A065.
Power Station, Certification of Permanent
Cessation of Power Operations, dated
February 25, 2013.
Dominion Energy Kewaunee, Inc., Kewaunee ML13135A209.
Power Station, Certification of Permanent
Removal of Fuel from the Reactor Vessel,
dated May 14, 2013.
[[Page 5002]]
Kewaunee Solutions, Inc., Kewaunee Power ML23089A304.
Station, Decommissioning Fund Status
Report, dated March 30, 2023.
NUREG-1437 Supplement 40, ``Generic ML102280229.
Environmental Impact Statement for License
Renewal of Nuclear Plants Supplement 40
Regarding Kewaunee Power Station,'' Final
Report, dated August 2010.
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Dated: January 22, 2024.
For the Nuclear Regulatory Commission.
Karl J. Sturzebecher,
Project Manager, Reactor Decommissioning Branch, Division of
Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2024-01484 Filed 1-24-24; 8:45 am]
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