[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53659-53662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14112]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255; NRC-2024-0076]


Holtec Decommissioning International, LLC, and Holtec Palisades, 
LLC; Palisades Nuclear Plant; Notice of Intent To Conduct Scoping 
Process and Prepare an Environmental Assessment

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; public scoping meeting and request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC), as the lead 
agency, and the U.S. Department of Energy (DOE), Loan Programs Office 
(LPO), as a cooperating agency, will conduct a scoping process to 
gather information to prepare an environmental assessment (EA) to 
evaluate the environmental impacts from proposed Federal actions 
related to reauthorizing power operations at the Palisades Nuclear 
Plant (PNP). Specifically, the NRC is considering an exemption request, 
a license transfer request, and license amendment requests to support 
reauthorizing operation under the NRC license. DOE LPO's proposed 
action is to provide federal financial support (a loan guarantee) to 
support power operations at PNP. The NRC and DOE LPO are seeking public 
comment on the proposed actions and will hold a hybrid public scoping 
meeting.

DATES: The NRC, as the lead Federal agency, will hold a hybrid (virtual 
and in-person) public scoping meeting on July 11, 2024, at 6 p.m. 
eastern time (ET), at the Mendel Center, Grand Upton Hall, at Lake 
Michigan College, 1100 Yore Ave., Parking Lot 3, Benton Harbor, MI, 
49022, and will also hold an open house from 5 to 6 p.m. ET. Details on 
the hybrid public meeting can be found on the NRC's Public Meeting 
Schedule website at https://www.nrc.gov/pmns/mtg. Submit comments on 
the scope of the EA by July 29, 2024. Comments received after this date 
will be considered if it is practical to do so, but the NRC is able to 
ensure consideration only for comments received on or before this date.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0076. 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.
     Email comments to: [email protected].
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Laura Willingham, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0857; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2024-0076 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0076.
     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, or 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

[[Page 53660]]

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. ET, Monday through Friday, except Federal holidays.
     Public Library: A copy of the exemption request, license 
transfer request, and license amendment requests related to the 
potential reauthorization of operation of PNP, including Enclosure 2 of 
the exemption request titled ``Environmental New and Significant Review 
Proposed Resumption of Power Operations Palisades Nuclear Plant,'' is 
available for public review at the following public library locations: 
South Haven Memorial Library, 314 Broadway Street, South Haven, MI 
49090 and St. Joseph/Maud Preston Palenske Memorial Library, 500 Market 
Street, St. Joseph, MI 49085.
     NRC Public Project Website: Information regarding the PNP, 
including licensing, previous operation, decommissioning, and the 
potential reauthorization of operation is available at https://www.nrc.gov/info-finder/reactors/pali.html.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2024-0076 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    PNP consists of a single pressurized-water reactor designed by 
Combustion Engineering (with a turbine-generator designed by 
Westinghouse) and is located in Covert Township, Michigan, along the 
shoreline of Lake Michigan. Originally licensed for operation on March 
24, 1971, the NRC issued a renewed operating license for PNP on January 
17, 2007, with the renewed operating license term expiring on March 24, 
2031.
    After more than 40 years of commercial operation, PNP permanently 
ceased operations on May 20, 2022. On June 13, 2022, Entergy 
Operations, Inc., the licensee who operated the facility prior to 
transfer of the PNP license to Holtec Decommissioning International, 
LLC (HDI) and Holtec Palisades, LLC, submitted the certifications for 
permanent cessation of operations and permanent removal of fuel from 
the reactor vessel in accordance with paragraph 50.82(a)(1) of title 10 
of the Code of Federal Regulations (10 CFR). When the NRC docketed the 
certifications, the PNP Renewed Facility Operating License (RFOL) No. 
DPR-20 no longer authorized operation of the reactor, or emplacement or 
retention of fuel into the reactor vessel, as provided by 10 CFR 
50.82(a)(2).

III. Discussion

    To return PNP to power operations, HDI has submitted (1) a request 
for an exemption from the requirement in 10 CFR 50.82(a)(2) that 
prohibits operation of the PNP reactor, or emplacement or retention of 
fuel into the reactor vessel; (2) a request for a license transfer from 
HDI (currently responsible for decommissioning activities at PNP) to 
Palisades Energy, LLC (which would be authorized to operate the 
reactor); and (3) four license amendment requests. These requests are 
listed in Section IV of this notice. If granted, the requested 
exemption, license transfer, and license amendments would allow 
Palisades Energy, LLC to place fuel into the PNP reactor vessel and 
resume power operations through March 24, 2031, the end of the renewed 
operating license term under the PNP RFOL No. DPR-20. The scope of the 
NRC's environmental review encompasses the determinations whether to 
grant or deny the exemption request, license transfer request, and four 
license amendment requests, including any revisions or supplements 
thereto or other regulatory or licensing requests submitted to the NRC 
that are necessary to reauthorize power operations of PNP.
    While HDI concluded that the proposed NRC actions meet the 
categorical exclusion (CATEX) criteria, the NRC staff, after reviewing 
the CATEX criteria in 10 CFR 51.22, the environmental impact statement 
(EIS) criteria in 10 CFR 51.20, the EA criteria in 10 CFR 51.21, and 
the Office of Nuclear Reactor Regulation (NRR) Office Instruction LIC-
203, Revision 4, ``Procedural Guidance for Preparing Categorical 
Exclusions, Environmental Assessments, and Considering Environmental 
Issues,'' has determined to prepare an EA instead of invoking the 
categorical exclusions. This determination is based largely on 
concluding that the submittals (1) are either not covered by the 
criteria for a CATEX or, in the case of the license transfer request, 
do not fall within the factual basis underlying the corresponding 
CATEX; (2) are connected (i.e., interdependent) actions that should be 
considered together as part of the National Environmental Policy Act 
(NEPA) review; and (3) are not specifically covered by the criteria for 
preparing an EIS because the NRC does not yet know the significance of 
potential impacts from the proposed actions.
    To inform its environmental review, the NRC staff is considering a 
number of sources, including the previous NRC environmental review for 
PNP license renewal that is documented in the October 2006 ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants, 
Supplement 27, Regarding Palisades Nuclear Plant--Final Report'' 
(hereafter ``License Renewal EIS Supplement''). The License Renewal EIS 
Supplement addresses the environmental impacts of continued operation 
during the license renewal period, which is the same operating period 
applicable to HDI's requests for reauthorization of power operations. 
The NRC staff is also considering the environmental information that 
HDI submitted in Enclosure 2, ``Environmental New and Significant 
Review Proposed Resumption of Power Operations Palisades Nuclear 
Plant,'' of the September 28, 2023, exemption request. As stated in the 
exemption request, Enclosure 2 documents HDI's ``environmental review 
of potentially new and significant information, and environmental 
issues not addressed in the'' License Renewal EIS Supplement.
    Once the NRC completes the draft EA, it will publish the draft EA 
and corresponding draft finding of no significant impact (FONSI), 
provided a determination of no significant impacts is reached, in a 
future Federal Register notice for governmental agency and public 
review and comment. Persons submitting comments during this scoping 
process will also receive a copy of the draft EA and draft FONSI once 
completed. Others who would like to

[[Page 53661]]

receive a copy when it is issued in the Federal Register for comment 
should notify the NRC per the ``For Further Information Contact'' 
section or monitor the Federal Register website.

NEPA Lead and Cooperating Agency Roles

    The NRC is the lead Federal agency for the NEPA of 1969, as amended 
(42 U.S.C. 4321, et seq.), process for the proposed action. The NRC may 
invite any Federal, State, Tribal, or local agency that has 
jurisdiction by law or special expertise with respect to any 
environmental impact involved in a proposal to become cooperating 
agencies in the preparation of the EA for the proposed action. As such, 
the DOE LPO is a cooperating agency in the preparation of the EA. The 
DOE LPO proposed action is to provide federal financial support (a loan 
guarantee) to HDI for the reauthorization of power operations at PNP, 
specifically the fuel loading and power restart activities.
    The Energy Infrastructure Reinvestment, Section 1706 Program, 
authorizes the Secretary of Energy to issue loan guarantees for 
projects that: (1) retool, repower, repurpose, or replace Energy 
Infrastructure (facilities used for electric generation or 
transmission, or facilities used for fossil fuel-related production, 
processing, and delivery) that has ceased operations; or (2) enable 
operating Energy Infrastructure to avoid, reduce, utilize, or sequester 
air pollutants or emissions of greenhouse gases. The DOE LPO will 
utilize the EA to inform its decision regarding its proposed action for 
the potential reauthorization of PNP, specifically the fuel loading and 
power restart activities. Based on the review, the DOE LPO would issue 
a Record of Decision documenting its decision regarding the proposed 
loan guarantee no sooner than 30 days after the publication of the 
final EA.

Anticipated Permits, Authorizations, and Consultations

    Federal permits, authorizations, or consultations may be needed for 
the proposed actions, including consultation or review under the 
Endangered Species Act, 16 U.S.C. 1531 et seq.; National Historic 
Preservation Act (NHPA), 54 U.S.C. 300101 et seq.; and Executive Order 
13175 (Consultation and Coordination With Indian Tribal Governments); 
\1\ consistency review under the Coastal Zone Management Act, 16 U.S.C. 
1451 et seq.; and possibly reviews under other laws and regulations 
determined to be applicable to the proposed action. To the fullest 
extent possible, the NRC will prepare a draft EA concurrently and 
integrate analyses required by other Federal environmental review 
requirements. The draft EA will list all Federal permits, licenses, and 
other authorizations that must be obtained in implementing the proposed 
action.
---------------------------------------------------------------------------

    \1\ The NRC's conformance with Executive Order 13175 is 
addressed in a March 10, 2010, letter from the NRC to the Office of 
Management and Budget (OMB).
---------------------------------------------------------------------------

    Specific to NHPA, the regulations in 36 CFR 800.8, ``Coordination 
with the National Environmental Policy Act,'' allow agencies to use the 
NEPA process to fulfill the requirements of Section 106 of the NHPA. 
Therefore, pursuant to 36 CFR 800.8(c), the NRC intends to use its NEPA 
process and documentation required for the preparation of the draft EA 
on the proposed action to comply with Section 106 of the NHPA in lieu 
of the procedures set forth at 36 CFR 800.3 through 800.6.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons in ADAMS, through the ADAMS Accession No.

------------------------------------------------------------------------
                                                        ADAMS accession
                 Document description                         No.
------------------------------------------------------------------------
Certifications of Permanent Cessation of Power               ML22164A067
 Operations and Permanent Removal of Fuel from the
 Reactor Vessel, dated June 13, 2022.................
Request for Exemption from Certain Termination of            ML23271A140
 License Requirements of 10 CFR 50.82, dated
 September 28, 2023..................................
Application for Order Consenting to Transfer of              ML23340A161
 Control of License and Approving Conforming License
 Amendments, dated December 6, 2023..................
License Amendment Request to Revise Renewed Facility         ML23348A148
 Operating License and Permanently Defueled Technical
 Specifications to Support Resumption of Power
 Operations, dated December 14, 2023.................
License Amendment Request to Revise Selected                 ML24040A089
 Permanently Defueled Technical Specifications
 Administrative Controls to Support Resumption of
 Power Operations, dated February 9, 2024............
License Amendment Request to Revise the Palisades            ML24122C666
 Nuclear Plant Site Emergency Plan to Support
 Resumption of Power Operations, dated May 1, 2024...
License Amendment Request to Approve the Biasi               ML24145A145
 Critical Heat Flux (CHF) Correlation for Use with
 the Palisades Main Steam Line Break (MSLB) Analysis,
 dated May 24, 2024..................................
Procedural Guidance for Categorical Exclusions,              ML20016A379
 Environmental Assessments, and Considering
 Environmental Issues, dated July 7, 2020............
Generic Environmental Impact Statement for License           ML062710300
 Renewal of Nuclear Plants Regarding Palisades
 Nuclear Plant--Final Report (NUREG-1437, Supplement
 27), dated October 2006.............................
Letter to Peter Orszag, Director, OMB, from Gregory          ML093620067
 B. Jaczko, Chairman, NRC, re: Tribal Consultation,
 dated March 10, 2010................................
------------------------------------------------------------------------

V. Request for Comment

    This notice informs the public of the NRC's intention to conduct 
environmental scoping and prepare a draft EA and draft FONSI, provided 
a determination of no significant impacts is reached, related to the 
exemption request, license transfer request, and license amendment 
requests for PNP's potential reauthorization of power operation and 
provides the public an opportunity to participate in the environmental 
scoping process. While the NRC is not required by the regulations in 10 
CFR part 51 to publish a notice of intent or conduct scoping when it 
has decided to prepare an EA for a requested licensing action, in this 
instance the NRC considered the unique nature of the requests and the 
demonstrated high public interest in the requested actions and 
determined that publication of a notice and conducting scoping was 
merited and in synchronization with NRC's strategic plan and principles 
of good regulation. The NRC considers stakeholder engagement and 
transparency in its activities to be cornerstones for effective 
regulation. To that end, the NRC's strategic plan highlights conducting 
business in a transparent, open, and

[[Page 53662]]

independent manner that builds stakeholder confidence and fosters 
engagement such as those provided through public meetings.
    The NRC intends to gather the information necessary to prepare an 
EA related to the exemption, license transfer, and license amendment 
request submittals for PNP's potential reauthorization of power 
operations. The NRC is publishing this notice and conducting scoping as 
a matter of discretion; this notice and the associated scoping process 
are not subject to the requirements of 10 CFR part 51.
    The EA will evaluate the environmental impacts of the exemption, 
license transfer, and license amendment requests for PNP's potential 
reauthorization to power operation, and reasonable alternatives 
thereto. Possible alternatives to the proposed action include the no-
action alternative.
    As part of its environmental review, the NRC will first conduct a 
scoping process for the EA and, as soon as practicable thereafter, will 
prepare a draft EA and draft FONSI, provided a determination of no 
significant impacts is reached, for public comment. Participation in 
this scoping process by members of the public and local, State, Tribal, 
and Federal government agencies is encouraged. The scoping process for 
the EA and FONSI will be used to accomplish the following:
    a. Define the proposed action that is to be the subject of the EA;
    b. Determine the scope of the EA and identify the significant 
issues to be analyzed in depth;
    c. Identify and eliminate from detailed study those issues that are 
peripheral or are not significant or that have been covered by prior 
environmental review;
    d. Identify any other EAs and EISs that are being or will be 
prepared that are related to, but are not part of, the scope of the EA 
under consideration;
    e. Identify other environmental review and consultation 
requirements related to the proposed action;
    f. Identify parties consulting with the NRC under the NHPA, as set 
forth in 36 CFR 800.8(c)(1)(i);
    g. Identify any cooperating agencies and, as appropriate, allocate 
assignments for preparation and schedules for completing the EA and 
FONSI to the NRC and any cooperating agencies; and
    h. Describe how the EA will be prepared, including any contractor 
assistance to be used.
    The NRC invites the following entities to participate in scoping:
    a. The applicants, HDI, Holtec Palisades, LLC, and Palisades 
Energy, LLC;
    b. Any Federal agency that has jurisdiction by law or special 
expertise with respect to any environmental impact involved or that is 
authorized to develop and enforce relevant environmental standards;
    c. Affected State and local government agencies, including those 
authorized to develop and enforce relevant environmental standards;
    d. Any affected Native American Indian Tribe;
    e. Any person who requests or has requested an opportunity to 
participate in the scoping process; and
    f. Any person who has petitioned or intends to petition for leave 
to intervene under 10 CFR 2.309.

IV. Public Scoping Meeting

    The NRC is announcing that it will hold a hybrid public scoping 
meeting for the PNP exemption request, license transfer, and license 
amendment request submittals. The hybrid public scoping meeting will be 
held on July 11, 2024, at the Mendel Center, Grand Upton Hall, at Lake 
Michigan College, 1100 Yore Ave, Parking Lot 3, Benton Harbor, MI 
49022. A court reporter will transcribe all comments received during 
the public scoping meetings. To be considered, comments must be 
provided either at a transcribed public meeting or in writing, as 
discussed in the ADDRESSES section of this notice. Persons interested 
in attending the hybrid meeting should monitor the NRC's Public Meeting 
Schedule website at https://www.nrc.gov/pmns/mtg for additional 
information and agenda for the meeting. Please contact Laura 
Willingham, at [email protected] no later than July 3, 2024, if 
accommodations or special equipment is needed to attend or to provide 
comments, so that the NRC can determine whether the request can be 
accommodated.
    The public scoping meeting will include: (1) an overview by the NRC 
and the DOE of the environmental review processes, the proposed scope 
of HDI's licensing requests, and the proposed environmental review 
schedule; and (2) the opportunity for interested government agencies, 
organizations, and individuals to submit comments or suggestions on 
environmental issues or the proposed scope of the EA.
    Participation in the scoping process for the EA related to HDI's 
exemption, license transfer, and licensing amendment requests for the 
potential reauthorization to power operations does not entitle 
participants to become parties to the proceeding to which the EA 
relates. Matters related to participation in any hearing are outside 
the scope of matters to be discussed at this public meeting.

    Dated: June 24, 2024.

    For the Nuclear Regulatory Commission.
Daniel Barnhurst,
Chief, Environmental Project Management Branch 3, Division of 
Rulemaking, Environmental, and Financial Support, Office of Nuclear 
Material Safety, and Safeguards.
[FR Doc. 2024-14112 Filed 6-26-24; 8:45 am]
BILLING CODE 7590-01-P