[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53667-53669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14057]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-327, 50-328, and 72-034; NRC-2024-0115]


Tennessee Valley Authority; Sequoyah Nuclear Plant, Units 1 and 
2; 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 for Renewed Facility Operating License Nos. 
DPR-77 and DPR-79 held by Tennessee Valley Authority (TVA, the 
licensee) for the operation of Sequoyah Nuclear Plant, Units 1 and 2 
(Sequoyah). The exemption would exempt TVA from the requirement to 
install a monitored alarm at the access control point of the storage 
facilities where the old steam generators are stored. The exemption is 
being requested to address a regulatory noncompliance which has 
resulted in the issuance of minor violations at the Sequoyah 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-2024-0115 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-2024-0115. 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-77 and 
DPR-79, issued to Tennessee Valley Authority (TVA), for operation of 
the Sequoyah Nuclear Plant, Units 1 and 2 (Sequoyah), respectively, 
located in Hamilton County, Tennessee. Because this proposed exemption 
does not fall

[[Page 53668]]

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 old steam generator storage facilities 
(OSGSFs) at the Sequoyah site. The exemption is being requested to 
address a regulatory noncompliance which has resulted in the issuance 
of minor violations at the Sequoyah site.
    The OSGSFs are used to store the contaminated old steam generators 
(OSGs) that have been removed from their respective Sequoyah 
containments. The OSGs 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 OSGSFs as robust structures that are closed with 
ten stacked precast concrete panels weighing approximately 17,237 
kilograms (38,000 pounds) each. The OSGSFs are located outside the 
Sequoyah protected area but within the exclusion area and site 
boundary. Removal of the concrete panels is the only access point of 
sufficient size to remove an OSG and requires heavy lifting and rigging 
equipment that cannot be staged or utilized quickly. Removal of the 
concrete panels 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 OSGSFs utilized for the OSGs at Sequoyah.
    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 Sequoyah OSGs 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 OSGSFs where the OSGs are 
stored. As described in the request for exemption, the only access 
point of sufficient size to the OSGs is via the removal of the 17,237-
kilogram concrete panels, and removal of these panels 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 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 Sequoyah, and no 
changes to the contents of OSGSFs. 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 would be 
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

[[Page 53669]]

monitored alarm at the access control point for the Sequoyah OSGSFs 
where the old steam generators 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. 2024-14057 Filed 6-26-24; 8:45 am]
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