[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53663-53665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14056]


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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-259, 50-260, 50-296, and 72-052; NRC-2024-0114]


Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1, 
2, and 3; 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

[[Page 53664]]

issuance of an exemption for Renewed Facility Operating License Nos. 
DPR-33, DPR-52, and DPR-68 held by Tennessee Valley Authority (TVA, the 
licensee) for the operation of Browns Ferry Nuclear Plant, Units 1, 2, 
and 3 (Browns Ferry). The exemption would exempt TVA from the 
requirement to install a monitored alarm at the access control point of 
the storage facilities where the original steam dryers are stored. The 
exemption is being requested to address a regulatory noncompliance 
which has resulted in the issuance of minor violations at the Browns 
Ferry site. 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 
June 27, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0114 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-2024-0114. 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]. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in 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: Kimberly Green, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1627; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of an exemption from the 
requirement in paragraph 37.11(c)(2) of title 10 of the Code of Federal 
Regulations (10 CFR) to secure category 1 or category 2 radioactive 
waste with a locked door or gate with monitored alarm at the access 
control point for Renewed Facility Operating License Nos. DPR-33, DPR-
52, and DPR-68, issued to Tennessee Valley Authority (TVA), for 
operation of the Browns Ferry Nuclear Plant, Units 1, 2, and 3 (Browns 
Ferry), respectively, located in Limestone County, Alabama. Because 
this proposed exemption does not fall within the NRC's list of 
categorical exclusions in 10 CFR 51.22, the NRC prepared an EA, as 
required by 10 CFR 51.21. Based on the results of the EA that follows, 
the NRC has determined not to prepare an environmental impact statement 
for the exemption and is issuing a FONSI.
    TVA is requesting an exemption from the requirement to ``[u]se a 
locked door or gate with monitored alarm at the access control point'' 
for category 1 and 2 quantities of radioactive material as set forth in 
10 CFR 37.11(c)(2) for the low-level radioactive waste storage facility 
(LLRWSF) at the Browns Ferry site. The exemption is being requested to 
address a regulatory noncompliance which has resulted in the issuance 
of minor violations at the Browns Ferry site.
    The LLRWSF is used to store the original steam dryers for Browns 
Ferry, which were removed during the extended power uprate outages. The 
stored steam dryers exceed the threshold for a category 2 quantity of 
radioactivity, as defined in 10 CFR 37.5, but do not contain discrete 
radioactive sources, ion-exchange resins, or activated materials that 
weigh less than 2,000 kilograms (4,409 pounds), as described in 10 CFR 
37.11(c).
    TVA describes the LLRWSF as a robust structure consisting of a 
group of rectangular box-type concrete storage modules that are located 
outside the Browns Ferry protected area but inside the owner-controlled 
area and exclusion zone. Each LLRWSF storage module is closed by five 
precast concrete caps, weighing approximately 45,813 kilograms (101,000 
pounds) each. Removal of the caps is the only access point to the 
stored steam dryers and requires heavy lifting and rigging equipment 
that cannot be staged or utilized quickly. Removal of the caps is an 
evolution that is easily observable over an extended period of time.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would exempt TVA from the requirement to use a 
locked door or gate with a monitored alarm at the access control point 
to the LLRWSF storage vaults utilized for the original steam dryers at 
Browns Ferry.
    The proposed action is in accordance with the licensee's exemption 
request dated September 28, 2023 (ADAMS Accession No. ML23271A063), as 
supplemented by letter dated March 14, 2024 (ADAMS Accession No. 
ML24074A457).

Need for the Proposed Action

    The regulation at 10 CFR 37.11(c)(2) requires, in part, licensees 
who possess radioactive waste that contains category 1 or category 2 
quantities of radioactive waste to secure the radioactive waste with a 
locked door or gate with monitored alarm at the access control point. 
The Browns Ferry original steam dryers exceed the threshold for a 
category 2 quantity of radioactivity, but do not contain discrete 
radioactive sources, ion-exchange resins, or activated materials that 
weigh less than 2,000 kilograms and, therefore, are not exempt from the 
requirements in 10 CFR 37.11(c). As such, the licensee is required to 
have a monitored alarm at the access control point to the LLRWSF where 
the steam dryers are stored. As described in the request for exemption 
and confirmed in the supplement, the only access point to the stored 
steam dryers is via the removal of the 45,813-kilogram concrete caps, 
and removal of these caps would require setting up heavy rigging and 
lifting equipment.
    On March 13, 2014, the NRC issued Enforcement Guidance Memorandum 
(EGM) 2014-001, ``Interim Guidance for Dispositioning 10 CFR part 37 
Violations with Respect to Large Components or Robust Structures 
Containing Category 1 or Category 2 Quantities of Material at Power 
Reactor Facilities Licensed Under 10 CFR parts 50 and 52'' (ADAMS 
Accession No. ML14056A151), to provide guidance to NRC staff for 
dispositioning violations associated with 10 CFR part 37 with respect 
to large components containing category 1 and category 2 quantities of 
radioactive material stored in robust structures at power reactor 
facilities licensed under 10 CFR parts 50 and 52. The EGM defines a 
large component as an item weighing 2,000 kilograms or more, but not 
containing either discrete

[[Page 53665]]

sources or ion exchange resins, and limits the components to steam 
generators, steam dryers, turbine rotors, reactor vessels, reactor 
vessel heads, reactor coolant pumps, and shielding blocks. It also 
defines a robust structure as a closed concrete bunker or modular vault 
for which access to the radioactive materials contained within the 
structure is gained only through the use of heavy equipment to remove 
structural components or large access blocks that weigh 2,000 kilograms 
or more. The EGM allows the NRC Regional Offices to evaluate potential 
violations and consider if the use of enforcement discretion is 
warranted under certain circumstances. The EGM will remain effective 
until the underlying technical issue is dispositioned through 
rulemaking or other regulatory action. Therefore, to address a 
regulatory noncompliance and avoid future violations, TVA has requested 
an exemption.

Environmental Impacts of the Proposed Action

    The NRC staff has assessed the potential environmental impacts from 
granting the requested exemption. The proposed action involves no new 
construction or modification of the facilities at Browns Ferry, and no 
changes to the contents of the LLRWSF vaults where the original steam 
dryers are stored. Therefore, the proposed action would have no direct 
impact on land and water use or water quality, including terrestrial 
and aquatic biota, and there would be no change in the quality or 
quantity of radiological and non-radiological effluents. Additionally, 
there would be no change in dose to members of the public and 
occupational workers. The proposed action would have no effect on air 
pollutant emissions or ambient air quality. In addition, the proposed 
action would have no noticeable effect on socioeconomic and 
environmental justice conditions in the region, and no adverse effect 
on historic and cultural resources. Therefore, the proposed action 
would have no significant effect on the quality of the human 
environment.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the exemption request (i.e., the ``no-action'' alternative). 
Denial of the exemption request would result in the need to install a 
locked door or gate with monitored alarm, and there would be no change 
in the current environmental impacts. Accordingly, the environmental 
impacts from the proposed action and the no-action alternative are 
similar.

Alternative Use of Resources

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

Agencies and Persons Consulted

    No agencies or persons were consulted. Because the proposed action 
is not a type of activity that has the potential to cause effects on 
historic properties, the NRC has no further obligations under section 
106 of the National Historic Preservation Act. Similarly, the proposed 
action would not affect threatened or endangered species; therefore, 
consultation under section 7 of the Endangered Species Act is not 
required.

III. Finding of No Significant Impact

    TVA requested an exemption from the requirement in 10 CFR 
37.11(c)(2) to have a locked gate or door with a monitored alarm at the 
access control point for the Browns Ferry LLRWSF vaults where the 
original steam dryers are stored. Based on the review of available 
information, including the information provided in the licensee's 
request for exemption and its response to a request for additional 
information, the NRC determined that the proposed action would not have 
any significant environmental impacts. Also, the impacts of the ``no-
action'' alternative would be similar to the impacts of the proposed 
action.
    Consistent with 10 CFR 51.21, the NRC conducted an environmental 
review of the proposed action and, in accordance with 10 CFR 
51.32(a)(4), this FONSI incorporates the EA in Section II of this 
document by reference. 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 an environmental 
impact statement for the proposed action is not needed.
    This FONSI and related environmental documents are available for 
public inspection online in the ADAMS Public Documents collection at 
https://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS should contact the NRC's PDR reference staff by 
telephone at 1-800-397-4209 or 301-415-4737, or by email to 
[email protected].

    Dated: June 21, 2024.

    For the Nuclear Regulatory Commission.
Kimberly Green,
Senior Project Manager, Licensing Projects Branch II-2, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-14056 Filed 6-26-24; 8:45 am]
BILLING CODE 7590-01-P