[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14723-14725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04077]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-309 and 72-30; NRC-2024-0020]


Maine Yankee Atomic Power Company; Maine Yankee Atomic 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 31, 2023, request 
from Maine Yankee Atomic Power Company (MYAPC or Maine Yankee), for the 
Maine Yankee Atomic Power Station (MYAPS), located in Wiscasset, Maine. 
The proposed exemption from NRC regulations, if granted, would permit 
MYAPC to make withdrawals from a segregated account within Maine 
Yankee's overall nuclear decommissioning trust (NDT), on an annual 
basis, for spent fuel and Greater than Class C (GTCC) waste management 
and non-radiological site restoration 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 
February 28, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0020 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-2024-0020. 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 (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tilda Liu, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 404-997-4730, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated March 31, 2023, Maine Yankee submitted a request to 
the NRC for an exemption from paragraphs 50.82(a)(8)(i)(A) and 
50.75(h)(2) of title 10 of the Code of Federal Regulations (10 CFR) for 
the Maine Yankee Independent Spent Fuel Storage Installation 
(ISFSI).\1\
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    \1\ As discussed in the referenced EA, the Maine Yankee ISFSI 
sits on the former site of the Maine Yankee Atomic Power Station, 
which MYAPC finished decommissioning in 2005. Although only the 
Maine Yankee ISFSI remains on the site, Maine Yankee's 10 CFR part 
50 license, Facility Operating License No. DPR-36 remains in effect. 
Because the MYAPC requested an exemption from the requirements of 10 
CFR part 50, this would be an exemption for MYAPC's 10 CFR part 50 
license rather than for MYAPC's 10 CFR part 72 general license. 
Therefore, although MYAPC's submission requested an exemption for 
the Maine Yankee ISFSI, the NRC staff will consider it a request for 
an exemption for the Maine Yankee Atomic Power Station.
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    Maine Yankee has established a separate (segregated) account within 
its over-arching nuclear decommissioning trust (NDT), entitled ``ISFSI 
Radiological Decom,'' that identifies the funds for radiological 
decommissioning of the ISFSI apart from the larger balance of funds in 
the NDT allocated for ongoing management of spent nuclear fuel and 
Greater than Class C (GTCC) waste and for non-radiological site 
restoration activities. Although 10 CFR 50.82 applies to the segregated 
account, it does not apply to the overall NDT.
    If granted, the exemption from 10 CFR 50.82(a)(8)(i)(A) and 
50.75(h)(2) would permit MYAPC to make withdrawals from the segregated 
account, on an annual basis, for spent fuel and GTCC waste management 
and non-radiological site restoration without prior notification to the 
NRC. More specifically, with this exemption, MYAPC would be able to 
annually transfer funds exceeding 110 percent of the inflation-adjusted 
decommissioning cost estimate, described in 10 CFR 50.75, from the 
segregated account to its overarching NDT and use those funds for spent 
fuel and GTCC waste management and non-radiological site restoration.
    Maine Yankee Atomic Power Station began commercial operation in 
December 1972, and shut down in December 1996. Maine Yankee began 
decommissioning the Maine Yankee Atomic Power Station in 1998. After 
ceasing reactor operations, MYAPC began transferring spent nuclear fuel 
(SNF) from the spent fuel pool to the Maine Yankee ISFSI for long-term 
dry storage. MYAPC completed these activities in 2004 and completed its 
final decommissioning of the reactor site, except for the ISFSI, which 
included dismantling and removing all reactor-related facilities, in 
2005. As a result, only the ISFSI remains at the old plant site of 
Maine Yankee Atomic Power Station in Wiscasset, Maine. By letter dated 
September 30, 2005 (ADAMS Package Accession No. ML052380223), the NRC 
issued Amendment No. 172 to Facility Operating License No. DPR-36 to 
allow MYAPC to possess and store SNF at the permanently shut down and 
decommissioned facility under the provisions of 10 CFR part 72, subpart 
K, ``General License for Storage of Spent Fuel at Power Reactor 
Sites.''
    The NRC staff is performing both a safety evaluation and an 
environmental review to determine whether to grant this exemption 
request. The NRC staff will prepare a separate safety evaluation report 
(SER) to document its safety review and analysis. The NRC's SER will 
evaluate the proposed exemption to ensure reasonable assurance of 
adequate protection of public health and safety, and the common defense 
and security. This EA documents the environmental

[[Page 14724]]

review which the NRC staff prepared in accordance with 10 CFR 51.21 and 
51.30(a). The NRC's decision whether to grant the exemption will be 
based on the results of the NRC staff's review as documented in this 
EA, and the staff's safety review to be documented in the SER.

II. Environmental Assessment

    By letter dated March 31, 2023, Maine Yankee submitted a request to 
the NRC for an exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(2). If granted, the proposed exemption from 10 CFR 
50.82(a)(8)(i)(A) and 50.75(h)(2) would permit MYAPC to make 
withdrawals from the segregated account, on an annual basis, for SNF 
and GTCC waste management and non-radiological site restoration without 
prior notification to the NRC. More specifically, with this exemption, 
MYAPC would be able to annually transfer funds exceeding 110 percent of 
the inflation-adjusted decommissioning cost estimate, described in 10 
CFR 50.75, from the segregated account to its overarching NDT and use 
those funds for SNF and GTCC waste management and non-radiological site 
restoration activities.

Need for the Proposed Action

    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 
management of SNF and GTCC waste or non-radiological site restoration. 
Similarly, the requirements of 10 CFR 50.75(h)(2) restrict the use of 
decommissioning trust fund disbursements (other than for ordinary and 
incidental expenses) to decommissioning expenses until final 
decommissioning has been completed.
    Maine Yankee stated that it has established a segregated account, 
entitled ``ISFSI Radiological Decom,'' within its over-arching NDT, 
that identifies the funds for radiological decommissioning of the 
ISFSI. This segregated account is separate from the larger balance of 
funds in the NDT allocated for ongoing management of SNF and GTCC waste 
and for other non-radiological site restoration activities. Therefore, 
exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) is needed to 
allow Maine Yankee to use funds from the segregated account for of SNF 
and GTCC waste management and other non-radiological site restoration 
activities.
    In its Decommissioning Funding Assurance Status Report dated March 
6, 2023, Maine Yankee stated that, as of December 31, 2022, its 
inflation-adjusted decommissioning cost estimate (DCE) for the 
radiological decommissioning of the ISFSI, is approximately $7.4 
million in 2022 dollars, which, it asserted provides reasonable 
assurance of adequate funding to complete the NRC-required 
decommissioning activities. In the same report, Maine Yankee reported 
that the segregated ``ISFSI Radiological Decom'' account had $56.4 
million. More specifically, in its exemption request, Maine Yankee 
provided a table showing $7,436,375 in 2022 dollars as the inflation-
adjusted DCE. Maine Yankee's exemption request further stated that the 
segregated account has a balance of $56,449,354 as of December 31, 
2022, meaning that the segregated account had a balance of $49,012,979, 
or 659 percent beyond the inflation-adjusted DCE.
    Maine Yankee stated that, if the exemption is granted, funds in its 
segregated account which exceed 110 percent of the inflation-adjusted 
DCE for the radiological decommissioning of the ISFSI would be 
transferred to the overarching NDT on an annual basis without prior NRC 
notification. Maine Yankee would then use those funds for SNF and GTCC 
waste management and non-radiological site restoration, which in turn, 
would allow Maine Yankee to return its additional excess funds in the 
overarching NDT to its customers as part of future rate cases with the 
Federal Energy Regulatory Commission.
    The requirements of 10 CFR 50.75(h)(2) 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)(2) is 
also needed to allow Maine Yankee to use funds from the segregated 
account for SNF and GTCC waste management and non-radiological site 
restoration activities without prior NRC notification.

Environmental Impacts of the Proposed Action

    The proposed action involves an exemption from requirements that 
are of financial and/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 segregated account to complete all activities 
associated with radiological decommissioning as well as SNF and GTCC 
waste management and non-radiological site restoration. Therefore, 
there would be no decrease in safety associated with the use of funds 
from the segregated account to also fund activities associated with SNF 
and GTCC waste management and non-radiological site-restoration.
    The requested exemption from the requirements of 10 CFR 
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2), if approved, would allow 
transfers on an annual basis. Maine Yankee stated that it will continue 
to provide its annual decommissioning funding assurance status report 
in accordance with the 10 CFR 50.75(f)(1) and (2) and 10 CFR 
50.82(a)(8)(v) and (vi) requirements. These reports provide the NRC 
staff with awareness of, and the ability to act on, any actual or 
potential funding deficiencies. As the proposed exemption would not 
affect these requirements, the NRC staff would have tools available for 
any potential funding deficiencies. Since the exemption would allow 
Maine Yankee to use funds from the segregated account that are in 
excess of those required for radiological decommissioning, the adequacy 
of 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.
    Further, there are no new accident precursors created by using the 
excess funds from the segregated account for SNF and GTCC waste 
management and non-radiological site-restoration. The exemption, if 
granted, would be financial and/or administrative in nature. Thus, the 
probability of postulated accidents is not increased. Also, the 
consequences of postulated accidents are not increased. No changes are 
being made in the types or amounts of effluents that may be released 
offsite. There is no significant increase in occupational or public 
radiation exposure. Therefore, the requested exemption will not present 
an undue risk to the public health and safety.
    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

[[Page 14725]]

systems. There would be no changes to the quality or quantity of non-
radiological effluents. 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 non-radiological environmental impacts associated with the 
proposed action.
    For these reasons, the NRC concludes there are no significant 
environmental impacts associated with the proposed exemption request.

Environmental Impacts of the Alternatives to the Proposed Action

    In addition to the proposed action, the NRC staff also considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the exemption request would result in no change in current 
environmental impacts. The environmental impacts of the proposed action 
and the alternative action would be similar.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies Consulted

    By email dated January 16, 2024, the NRC provided a copy of this 
draft EA to the Maine Department of Health and Human Services, 
Radiological Control Program, for review. By email dated January 30, 
2024, Maine Department of Health & Human Services concurred with the 
NRC staff's determination.

Endangered Species Act Section 7 Consultation

    Section 7 of the Endangered Species Act of 1973, as amended (ESA), 
requires Federal agencies to consult with the U.S. Fish and Wildlife 
Service or National Marine Fisheries Service regarding actions that may 
affect listed species or designated critical habitats. The ESA is 
intended to prevent further decline of endangered and threatened 
species and restore those species and their critical habitat.
    The NRC staff determined that a consultation under section 7 of the 
ESA is not required because the proposed action will not affect listed 
species or critical habitat.

National Historic Preservation Act Section 106 Consultation

    Section 106 of the National Historic Preservation Act (NHPA) 
requires Federal agencies to consider the effects of their undertakings 
on historic properties. As stated in the NHPA, historic properties are 
any prehistoric or historic district, site, building, structure, or 
object included in, or eligible for inclusion in the National Register 
of Historic Places.
    The NRC determined that the scope of activities described in this 
exemption request do not have the potential to cause effects on 
historic properties because the NRC's approval of this exemption 
request will not authorize new construction or land disturbance 
activities. The NRC staff also determined that the proposed action is 
not a type of activity that has the potential to impact historic 
properties because the proposed action would occur within the 
established Maine Yankee site boundary. Therefore, in accordance with 
36 CFR 800.3(a)(1), no consultation is required under section 106 of 
NHPA.

III. Finding of No Significant Impact

    The environmental impacts of the proposed action--an exemption from 
the requirements of 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) 
allowing MYAPC to make withdrawals from the segregated account, on an 
annual basis, for SNF and GTCC waste management and non-radiological 
site restoration without prior notification to the NRC--have been 
reviewed under the requirements in 10 CFR part 51, which implement the 
National Environmental Policy Act of 1969, as amended.
    The proposed exemption 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 
exemption involves an exemption from requirements that are of a 
financial and/or administrative nature and would not have an impact on 
the human environment. Consistent with 10 CFR 51.21, the NRC conducted 
the EA for the proposed exemption, and this FONSI incorporates by 
reference the EA 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.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through ADAMS, as indicated.

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            Document description                 ADAMS accession No.
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Request for Exemption from 10 CFR            ML23113A005.
 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2)
 for the Maine Yankee ISFSI, dated March
 31, 2023.
Email to State of Maine providing draft      ML24024A153.
 environmental assessment related to Maine
 Yankee exemption request, dated January
 16, 2024.
Response from State of Maine on draft EA/    ML24033A284.
 FONSI, dated January 30, 2024.
Maine Yankee Decommissioning Funding         ML23068A011.
 Assurance Status Report, dated March 6,
 2023.
Issuance of Amendment No. 172, to Facility   ML052380223 (package).
 Operating License No. DPR-36--Maine Yankee
 Atomic Power Station, dated September 30,
 2005.
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    Dated: February 22, 2024.

    For the Nuclear Regulatory Commission.
Yoira K. Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2024-04077 Filed 2-27-24; 8:45 am]
BILLING CODE 7590-01-P