[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Notices]
[Pages 24877-24879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07508]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-29 and 72-31; NRC-2024-0067]


Yankee Atomic Electric Company; 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 May 4, 2023, request from 
Yankee Atomic Electric Company (YAEC), for the Yankee Nuclear Power 
Station (YNPS or Yankee Rowe) located in Rowe, Massachusetts. The 
proposed exemption from NRC regulations, if granted, would permit YAEC 
to make withdrawals from a segregated account within Yankee Rowe's 
overall nuclear decommissioning trust (NDT), on an annual basis, for 
spent nuclear fuel (SNF) 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 
April 9, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0067 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-2024-0067. 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 May 4, 2023, Yankee Atomic Electric Company (YAEC 
or the licensee) 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 Yankee Rowe Independent Spent Fuel 
Storage Installation \1\ (ISFSI).
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    \1\ As discussed in this document, the Yankee Rowe ISFSI sits on 
the former site of Yankee Rowe, which YAEC finished decommissioning 
in 2007. Although only the Yankee Rowe ISFSI remains on the site, 
YAEC's 10 CFR part 50 license, Facility Operating License No. DPR-3 
remains in effect. Because YAEC requested an exemption from the 
requirements of 10 CFR part 50, this would be an exemption for 
YAEC's 10 CFR part 50 license rather than for YAEC's 10 CFR part 72 
general license. Therefore, although YAEC's submission requested an 
exemption for the Yankee Rowe ISFSI, the NRC staff will consider it 
a request for an exemption for YNPS.
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    YAEC 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 SNF and 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 exemptions from 10 CFR 50.82(a)(8)(i)(A) and 
50.75(h)(2) would permit YAEC 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, YAEC 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.
    YAEC received an operating license from the NRC in December 1963, 
and Yankee Rowe was permanently shut down in October 1991. In 1993, 
YAEC commenced decommissioning the power plant. The licensee 
constructed an onsite ISFSI under a general license and transferred the 
last canister containing GTCC material to the ISFSI in June 2003. The 
plant completed its final decommissioning of the reactor site, except 
for the ISFSI, which included dismantling and removing all reactor 
plant related facilities, in 2007. As a result, only the ISFSI remains 
at the old plant site of YNPS in Rowe, Massachusetts. By letter dated 
August 10, 2007, NRC approved the release of the majority of the YNPS 
site from the 10 CFR part 50 license (DPR-3) for unrestricted release, 
except for the ISFSI and immediately surrounding areas. Under its 10 
CFR part 72 general license, YAEC is authorized to possess, and store 
spent nuclear fuel at the permanently shut down and decommissioned 
facility under the provision 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 for reasonable assurance of adequate 
protection of public health and safety, and the common defense and 
security. This EA documents the environmental 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 May 4, 2023, YAEC submitted a request to the NRC 
for an

[[Page 24878]]

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 YAEC 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, YAEC would be able to annually 
transfer funds exceeding 110 percent of the inflation-adjusted 
decommissioning cost estimate (DCE), 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.
    YAEC 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 YAEC to use funds from the segregated account for SNF and GTCC 
waste management and other non-radiological site restoration 
activities.
    In its Decommissioning Funding Assurance Status Report dated March 
6, 2023, YAEC stated that its inflation-adjusted DCE for the 
radiological decommissioning of the ISFSI, is approximately $6.1 
million in 2022 dollars. It asserted this amount provides reasonable 
assurance of adequate funding to complete the NRC required 
decommissioning activities. In the same report, YAEC reported that, as 
of December 31, 2022, the segregated ``ISFSI Radiological Decom'' 
account had $22.5 million. More specifically, in its exemption request, 
YAEC provided a table showing $6,087,475, in 2022 dollars, as the 
inflation-adjusted DCE. YAEC's exemption request further stated that 
the segregated account has a balance of $22,496,631 as of December 31, 
2022, meaning that the segregated account had a balance of $16,409,156, 
or 270 percent beyond the inflation-adjusted DCE.
    YAEC 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. YAEC would then use those funds for SNF and GTCC waste 
management and non-radiological site restoration, which in turn, would 
allow YAEC 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 YAEC 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. YAEC stated that it will continue to 
provide its annual decommissioning funding assurance status report in 
accordance with 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 YAEC 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 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.

[[Page 24879]]

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 February 16, 2024, the NRC provided a copy of the 
draft EA to the Massachusetts Department of Public Health, Radiation 
Control Program, Bureau of Environmental Health, for review. By email 
dated March 14, 2024, Massachusetts Department of Public Health, 
Radiation Control Program, Bureau of Environmental Health indicated 
that it had no comments.

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 Yankee Rowe 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 YAEC 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 included in 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 50.82(a)(8)(i)(A)    ML23157A101
 and 10 CFR 50.75(h)(2) for the Yankee Nuclear Power
 Station Independent Spent Fuel Storage Installation,
 dated May 4, 2023.
Email to State of Massachusetts providing draft        ML24060A232
 environmental assessment related to Yankee Rowe
 exemption request, dated February 16, 2024.
Email Response from State of Massachusetts on draft    ML24075A201
 EA/FONSI, dated March 14, 2024.
Yankee Rowe Decommissioning Funding Assurance Status   ML23080A107
 Report, dated March 6, 2023.
Yankee Nuclear Power Station--Release of Land from     ML071830515
 Part 50 License, dated August 10, 2007.
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    Dated: April 4, 2024.

    For the Nuclear Regulatory Commission.
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2024-07508 Filed 4-8-24; 8:45 am]
BILLING CODE 7590-01-P