[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 64964-64965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17521]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-0320; NRC-2024-0099]


TMI-2SOLUTIONS, LLC; Three Mile Island Nuclear Station, Unit No. 
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 issuing a 
final environmental assessment (EA) and finding of no significant 
impact (FONSI) for a proposed amendment of NRC Possession Only License 
(POL) DPR-73 for the Three Mile Island Nuclear Station, Unit No. 2 
(TMI-2), located in Londonderry Township, Dauphin County, Pennsylvania. 
The proposed amendment would ensure that TMI-2 Energy Solutions (TMI-
2Solutions, the licensee) can continue decommissioning the facility in 
accordance with NRC regulations. TMI-2Solutions will be engaging in 
certain major decommissioning activities, including the physical 
demolition of buildings previously deemed eligible for the National 
Register of Historic Places (NRHP). The EA, ``Environmental Assessment 
for Specific Decommissioning Activities at Three Mile Island, Unit 2 in 
Dauphin County, Pennsylvania,'' documents the NRC staff's environmental 
review of the license amendment application.

DATES: The EA and FONSI referenced in this document are available on 
August 8, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0099 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-2024-0099. Address 
questions about Docket IDs 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.
     Project Website: Information related to the TMI-2 project 
can be accessed on NRC's TMI-2 public website at https://www.nrc.gov/info-finder/decommissioning/power-reactor/three-mile-island-unit-2.html.

FOR FURTHER INFORMATION CONTACT: Jean Trefethen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0867; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Three Mile Island Nuclear Station (TMINS) is approximately 16 
kilometers (10 miles) southeast of Harrisburg, Pennsylvania. The TMINS 
site includes Three Mile Island Nuclear Station, Unit 1 and TMI-2. It 
encompasses approximately 178 hectares (440 acres), including the 
adjacent islands on the north end, a strip of land on the mainland 
along the eastern shore of the river, and an area on the eastern shore 
of Shelley Island. The TMINS site has significance in U.S. history 
because it is the site of the nation's most serious commercial nuclear 
power plant accident, occurring at TMI-2. On March 28, 1979, TMI-2 
experienced an accident initiated by interruption of secondary 
feedwater flow which led to a core heat up that caused fuel damage. The 
partial meltdown of the reactor core led to a very small offsite 
release of radioactivity. In response to this accident many changes 
occurred at nuclear power plants including emergency response planning, 
reactor operator training, human factors engineering, radiation 
protection and heightened NRC regulatory oversight.

II. Discussion

    By letter dated February 22, 2023 (ADAMS Accession No. 
ML23058A064), TMI-2Solutions requested an amendment to POL No. DPR-73. 
TMI-2Solutions will be engaging in certain major decommissioning 
activities, including the physical demolition of buildings previously 
deemed eligible for the NRHP. Because the impacts on the historic 
properties from these decommissioning activities have not been 
previously evaluated and are not bounded by the impact's discussion in 
NUREG-0586, ``Final Generic Environmental Impact Statement on 
Decommissioning of Nuclear Facilities,'' TMI-2Solutions requested an 
amendment that would require evaluation of the impacts of the 
decommissioning activities on the NRHP-eligible properties, in 
compliance with paragraph 50.82(a)(6)(ii) of title 10 of the Code of 
Federal Regulations (10 CFR).
    Pursuant to 36 CFR 800.8, the NRC used its National Environmental 
Policy Act process for developing the EA to facilitate consultation 
pursuant to section 106 of the National Historic Preservation Act 
(NHPA).
    Adverse effects to historic properties would result from 
decommissioning activities at TMI-2. Therefore, the NRC and consulting 
parties proceeded with development of a programmatic agreement (PA) to 
resolve adverse effects. The draft PA was issued for public comment 
through a Federal Register notice dated March 6, 2024 (89 FR 16037). 
One comment was received and considered before finalizing the PA. The 
PA addresses the potential direct and indirect adverse effects from the 
decommissioning activities and ensures that appropriate mitigation 
measures are implemented. The NRC's EA references the final PA and, 
therefore, conclude NHPA section 106 consultation.
    In accordance with NRC's regulations in 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions,'' that implement the National Environment 
Protection Agency (NEPA), the NRC staff has prepared an EA documenting 
its environmental review of the license amendment application. Based on 
the environmental review, the NRC has made a determination that the 
proposed action will not significantly affect the quality of the human 
environment and that a FONSI is therefore appropriate.

III. Summary of Environmental Assessment

    The EA is publicly available in ADAMS under Accession No. 
ML24197A005. A summary description of the proposed action and expected 
environmental impacts is provided as follows.

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Description of the Proposed Action

    The proposed action is to amend POL No. DPR-73 so that TMI-
2Solutions can continue with certain major decommissioning activities 
planned under Phase 2 of its decommissioning schedule. Phase 2 
decommissioning activities include the removal of any radioactive 
components in preparation for demolition of structures, decommissioning 
and dismantlement of the TMI-2 site to a level that permits the release 
of the site, except for an area potentially to be set aside for storage 
of fuel-bearing material (small quantities of spent nuclear fuel, 
damaged core material, and high-level waste) on the independent spent 
fuel storage installation, backfilling of the site, license termination 
plan submittal and implementation, and site restoration activities. In 
order to comply with 10 CFR 50.82(a)(6)(ii), TMI-2Solutions requested 
that NRC evaluate the impacts of certain major decommissioning 
activities on historic and cultural resources and NRHP-eligible 
properties. The definition of major decommissioning activity is in 10 
CFR 50.2, which states ``major decommissioning activity means, for a 
nuclear power reactor facility, any activity that results in permanent 
removal of major radioactive components, permanently modifies the 
structure of the containment, or results in dismantling components for 
shipment containing greater than class C waste in accordance with Sec.  
61.55 of this chapter.'' Due to radioactive contamination, the TMI-2 
structures must be demolished and removed during decommissioning.

Environmental Impacts of the Proposed Action

    In the EA, the staff assessed the potential environmental impacts 
from the proposed license amendment to the following resource areas: 
land use; visual and scenic resources; the geologic environment; 
surface and groundwater resources; ecological resources; air quality; 
noise; historic and cultural resources; socioeconomic conditions; 
environmental justice; public and occupational health; transportation; 
and waste generation and management. The NRC staff also considered the 
cumulative impacts from past, present, and reasonably foreseeable 
actions when combined with the proposed action. The TMI-2 Historic 
District would be adversely affected by the TMI-2 decommissioning, and 
adverse effects cannot be avoided. The mitigation of adverse effects to 
the TMI-2 Historic District will be completed in accordance with the 
TMI-2 Demolition and Decommissioning Programmatic Agreement (NRC 
2024a).
    As part of the NRC's consultation under section 7 of the Endangered 
Species Act, NRC staff determined that the proposed action may affect 
but is not likely to adversely affect the Indiana bat (Myotis sodalis), 
northern long-eared bat (Myotis septentrionalis), tricolored bat 
(Perimyotis subflavus), monarch butterfly (Danaus plexippus), 
northeastern bulrush (Scirpus ancistrochaetus), or green floater 
(Lasmigona subviridis). The NRC staff transmitted a letter to the U.S. 
Fish and Wildlife Service (FWS) for its review and concurrence on May 
24, 2024 (ADAMS Accession No. ML24120A324). The FWS concurred with the 
NRC's findings on July 15, 2024 (ADAMS Accession No. ML24199A062).
    All other potential impacts from the proposed action were 
determined to be not significant, as described in the EA. The NRC staff 
found that there would be no significant negative cumulative impact to 
any resource area from the proposed action when added to other past, 
present, and reasonably foreseeable actions.

Environmental Impacts of the Alternative to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Under the no-action alternative, the NRC would deny the licensee's 
request to allow for the continuation of major decommissioning 
activities under Phase 2. In this case, the NRC staff would not review 
the historic and cultural resource impacts of the major decommissioning 
activities as defined in 10 CFR 50.2 and would therefore disallow the 
removal of NRHP-eligible structures and any impacts to historic and 
cultural resources. However, due to the presence of radioactive 
contamination, TMI-2 structures, including the NRHP-eligible 
structures, must be removed during the decommissioning process. 
Therefore, the NRC staff concludes that denying the amendment request 
is not a reasonable alternative.

IV. Finding of No Significant Impact

    In accordance with the NEPA and 10 CFR part 51, the NRC staff has 
conducted an environmental review of a request for an amendment to POL 
No. DPR-73. The proposed amendment would revise the POL to allow the 
licensee to conduct decommissioning at TMI-2 covering activities that 
were not previously addressed in the staff's environmental assessments 
(site-specific historical and cultural resources). Based on its 
environmental review of the proposed action, the NRC staff has made a 
finding of no significant impact in the EA. Therefore, the NRC staff 
has determined, pursuant to 10 CFR 51.31, that preparation of an 
environmental impact statement is not required for the proposed action 
and a FONSI is appropriate.

    Dated: August 2, 2024.

    For the Nuclear Regulatory Commission.
Christopher M. Regan,
Director, Division of Rulemaking, Environmental, and Financial Support, 
Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024-17521 Filed 8-7-24; 8:45 am]
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