[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.

------------------------------------------------------------------------
                                                Adams accession  No./
            Document description               Federal Register Notice
------------------------------------------------------------------------
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.
------------------------------------------------------------------------


    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]
BILLING CODE 7590-01-P