[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88818-88821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26006]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7003; NRC-2024-0048]
American Centrifuge Operating, LLC; Lead Cascade Facility;
Termination of License; Environmental Assessment and Finding of No
Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
-----------------------------------------------------------------------
SUMMARY: By letter dated November 2, 2023, American Centrifuge
Operating, LLC (ACO), a subsidiary of Centrus Energy Corp. (Centrus),
requested the U.S. Nuclear Regulatory Commission (NRC) terminate its
Special Nuclear Material (SNM) License No. SNM-7003 for the American
Centrifuge Lead Cascade Facility (LCF), located on a U.S. Department of
Energy (DOE) reservation in Piketon, Ohio. ACO no longer needs to
maintain its license SNM-7003. On January 5, 2024, the NRC accepted the
license termination application for detailed technical review. The
license termination would not change ACO's license SNM-2011 for the
American Centrifuge Plant under which ACO is conducting the high-assay
low-enriched uranium (HALEU) program at the Piketon facility.
DATES: The letter terminating the license SNM-7003 will be issued to
ACO on November 8, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0048 when contacting the
NRC about the availability of information regarding this action. 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 NRC-2024-0048. 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.
[[Page 88819]]
FOR FURTHER INFORMATION CONTACT: Yawar Faraz, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-7220, email:
[email protected].
I. Introduction
The NRC issued SNM-7003 for the LCF on February 24, 2004. The LCF
enriched uranium up to 10 weight percent in the isotope uranium-235.
The LCF, which consisted of up to 240 operating centrifuges, was
located in buildings leased by ACO from the DOE. The LCF's centrifuges
operated between 2006 and 2016 for the purpose of obtaining and
assessing performance data. The LCF operated in recycle mode; that is,
no uranium hexafluoride (UF6) product was withdrawn from the
cascade for commercial purposes. Only small samples of products were
removed for performance assessment. The LCF ceased operations in 2016.
ACO decommissioned the LCF in 2017 and 2018: (1) ACO removed the
UF6 inventory from the centrifuges and process piping,
decontaminated the LCF, and (2) ACO dismantled and appropriately
disposed of the LCF equipment, under NRC-approved programs of the LCF.
On January 5, 2018, ACO submitted its update to the decommissioning
plan (DP) for the LCF to the NRC for review and approval. The updated
DP contained ACO's proposed Release Criteria for unrestricted release
under paragraphs 70.38(j) and (k) of part 70 of title 10 of the Code of
Federal Regulations (10 CFR). On April 19, 2018, ACO submitted the
Final Status Survey Report (FSSR) for the LCF to the NRC for review and
approval. On August 7, 2018, the NRC approved ACO's DP for the LCF. On
May 21-25, 2018, the NRC, with assistance of its contractor the Oak
Ridge Institute for Science and Education, conducted an independent
radiological confirmatory survey that included radiation floor and
drain scans, direct radiation measurements, and smear sampling, of the
LCF. An initial request was submitted by ACO to terminate the LCF
license on August 9, 2018. As documented in its safety evaluation
report issued in September 2019, the NRC found reasonable assurance
that ACO had appropriately decommissioned the LCF in accordance with
the requirements of 10 CFR part 20 ``Standards for Protection Against
Radiation'' based on a thorough review of the FSSR and the results of
the NRC staff's independent confirmatory survey.
As previously mentioned in this notice, ACO initially requested
termination of the LCF license on August 9, 2018. ACO withdrew its
license termination request on June 27, 2019, after the DOE contracted
with ACO to demonstrate the production of HALEU. ACO was authorized to
install the HALEU cascade under the NRC-approved programs, such as
those described in the classified matter and computer network security
plans, that were part of the LCF license, SNM-7003. In accordance with
SNM-7003, no radioactive material was brought onsite after the LCF was
decommissioned. ACO sought to operate the HALEU cascade under an
amendment to license, SNM-2011, to allow use of SNM for the purpose of
producing HALEU at the Piketon site. On June 12, 2023, the NRC approved
the introduction of UF6 into the HALEU cascade under the ACO
license for the ACP, SNM-2011. Therefore, ACO no longer needs to
maintain the LCF license SNM-7003 to perform the HALEU program.
On November 2, 2023, ACO submitted a second application to
terminate the LCF license and on January 5, 2024, the NRC staff
accepted the submission for detailed technical review. As the final
step in its decommissioning of the LCF, ACO submitted Form 314,
``Certificate of Disposition of Materials,'' to the NRC by letter dated
April 25, 2024. The NRC staff finds ACO's certification that all
licensed material within the LCF has been adequately dispositioned, in
accordance with 10 CFR 70.38(j)(1).
II. License Termination
The termination of NRC licenses issued under 10 CFR part 70 is
governed by 10 CFR 70.38, ``Termination of license.'' As noted, ACO:
(1) permanently ceased principal activities under SNM-7003 in 2016 and
(2) has not carried out principal activities with radioactive material
under the LCF license for a period of 24 months. The NRC staff found
reasonable assurance that ACO had appropriately decommissioned the LCF
and appropriately certified that all licensed material under SNM-7003
had been adequately dispositioned. The NRC staff published those
findings in its safety evaluation report of September 2019. The
Commission grants ACO's request to terminate SNM-7003. The NRC staff
will present its findings in the LCF License Termination Approval
letter, to be issued to ACO on the date of this notice. This license
termination will be effective upon ACO's acknowledgement of receipt of
the NRC's termination letter.
III. Environmental Assessment
License termination is a Federal action that requires an
environmental assessment (EA) under 10 CFR 51.21, ``Criteria for and
identification of licensing and regulatory actions requiring
environmental assessments.'' The NRC prepared the following EA for the
license termination.
Description of the Proposed Action
The NRC is terminating license SNM-7003 because the LCF is no
longer in use and has been decommissioned as described in this notice.
In 2018, the NRC staff prepared an EA for the NRC's review and approval
of a decommissioning plan (DP) for the LCF submitted by the licensee in
January 2018. The 2018 EA determined that decommissioning of the LCF as
described in the DP would not significantly affect the quality of the
human environment. The NRC staff issued that EA and a finding of no
significant impact (FONSI) on August 1, 2018. Due to the time elapsed
between the publication of the 2018 EA and FONSI and the date of the
current license termination request, the NRC staff conducted an
environmental review to confirm the staff's findings and consult with
state agencies on the current license termination request.
Need for the Proposed Action
The license should be terminated because the LCF is no longer in
use and has been completely decommissioned in accordance with NRC
requirements for unrestricted release in 10 CFR 20.1402.
Environmental Impacts of the Proposed Action
The NRC staff reassessed the potential for the license termination
to affect environmental resources and worker and public health and
safety. As described in this notice, the NRC staff confirms its
findings from the September 2019 safety evaluation report that the LCF
could be released for unrestricted use. No radioactive material has
been brought onsite under the LCF license SNM-7003 since that time and
only the administrative act of terminating the license remains. The NRC
staff confirms its previous determination that the proposed license
termination would not affect land use; historic or cultural resources;
visual or scenic resources; air quality; geology or soils; water
resources; ecological resources; socioeconomics; noise; traffic or
transportation; public or worker health and safety; or waste
management.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the staff considered the
``no-action'' alternative. Under the no-action
[[Page 88820]]
alternative, the NRC would deny ACO's request for license termination.
This alternative is not reasonable because licensed activities are no
longer occurring under license SNM-7003, and the facility is
decommissioned. As such, no purpose exists for the license to remain in
effect.
Agencies and Persons Consulted
The NRC staff provided the draft EA to the State of Ohio for
review. The NRC received no comments on the EA.
Section 106 of the National Historic Preservation Act (NHPA)
requires Federal agencies to consider the effects of their undertakings
on historic properties. The proposed license termination is not a type
of activity that has the potential to cause effects on any historic
properties that may be present. Therefore, in accordance with 36 CFR
800.3(a)(1), the NRC has no further obligation under section 106 of the
NHPA. Nevertheless, on September 20, 2024, the NRC staff notified the
Ohio State Historic Preservation Office of the proposed license
termination.
Section 7 of the Endangered Species Act (ESA) requires that, prior
to taking a proposed action, Federal agencies determine whether the
proposed Federal action may affect endangered or threatened species or
their critical habitats. The proposed license termination has no
potential to affect any special status species or habitats. Therefore,
no consultation is required under Section 7 of the ESA.
IV. Finding of No Significant Impact
The NRC staff prepared this EA as part of its review of the
proposed action. On the basis of this EA, the NRC finds that there are
no significant environmental impacts from the license termination, and
that preparation of an environmental impact statement is not warranted.
Accordingly, the NRC determined that a FONSI is appropriate. In
accordance with 10 CFR 51.32(a)(4), this FONSI incorporates the EA set
forth in this notice by reference.
V. Availability of Documents
The documents identified in this notice are available to interested
persons through ADAMS.
------------------------------------------------------------------------
ADAMS accession No. or
Document description Federal Register notice
------------------------------------------------------------------------
Letter to S. Toelle of Centrus: Approval of ML16330A249.
License Amendment Request to Remove
Authorization to Enrich Uranium at the
American Centrifuge Lead Cascade Facility,
dated December 23, 2016.
Letter to J. Zimmerman of NRC and ML18025B308.
Affidavit: Submittal of Revision to the
Decommissioning Plan [update] for the
American Centrifuge Lead Cascade Facility,
dated January 5, 2018.
Enclosures 1, 2 and 3: DP-2605-0001, ML18025B310.
Decommissioning Plan for the American
Centrifuge Lead Cascade Facility, dated
January 4, 2018.
Letter to J. Zimmerman of NRC: Submittal of ML18145A130.
Final Status Survey Report for the
American Centrifuge Lead Cascade Facility
Decommissioning Project, dated April 19,
2018.
Enclosure 1: DP-2605-0002, Revision 0, ML18145A131.
Final Status Survey Report for the
American Centrifuge Lead Cascade Facility
Decommissioning Project, dated April 19,
2018.
Enclosure 3: Appendix B of the FSSR, Final ML18145A132.
Status Surveys [Redacted], dated April 13,
2018.
Enclosure 4: Appendix C of the FSSR, RESRAD- ML18145A133.
BUILD Evaluations, dated April 13, 2018.
Letter to J. Smith of NRC: Independent ML18233A343.
Confirmatory Survey Results for the Lead
Cascade Facility, dated August 16, 2018.
NRC Letter to Ohio Department of Health ML18130A472.
Providing Draft Environmental Assessment
for the American Centrifuge Lead Cascade
Facility Decommissioning Plan, dated June
12, 2018.
Email and Letter from Ohio Department of ML18193A742 (Package).
Health Indicating No Comments on the Draft
Environmental Assessment for the Approval
of the Decommissioning Plan for the
American Centrifuge Lead Cascade Facility,
dated July 6, 2018.
Final Environmental Assessment for the ML18204A294.
Decommissioning Plan for the American
Centrifuge Lead Cascade Facility in
Piketon, Ohio, dated July 2018.
Federal Register Notice for Issuance of (83 FR 37530) ML18200A089.
Environmental Assessment and Finding of No
Significant Impact, issued July 26, 2018.
Letter to S. Toelle of Centrus: NRC ML18192B477.
Approval of Decommissioning Plan for the
American Centrifuge Lead Cascade Facility,
dated August 7, 2018.
Enclosure 1: Safety Evaluation Report on ML18192B644.
Centrus Energy Corp. Amendment Request for
Approval of American Centrifuge Lead
Cascade Facility Decommissioning Plan and
Associated Supporting Documents, dated
August 7, 2018.
Enclosure 3: NRC Form 374--Redacted ML18192B828.
Amendment 15 to License SNM-7003 for
American Centrifuge Operating, LLC, dated
August 7, 2018.
ACO Transmittal Letter to the NRC for ML18249A298.
Termination of American Centrifuge Lead
Cascade Facility NRC Materials License,
dated August 9, 2018.
Letter to D. Fosson of ACO: NRC Inspection ML18260A122.
Report No. 07007003/2018001 (DNMS)--
American Centrifuge Operating LLC, Lead
Cascade Facility, dated September 12, 2018.
Letter to M. Dapas of NRC: Termination of ML18249A298.
American Centrifuge Lead Cascade Facility
NRC Materials License, dated August 9,
2018.
Letter to J. Lubinski of NRC: American ML19186A272.
Centrifuge Lead Cascade Facility
Withdrawal of Request to Terminate the
American Centrifuge Lead Cascade NRC
Materials License, dated June 27, 2019.
Letter to K. Wiehle of ACO: Approval of ML19228A096.
Centrus Energy Corp Final Status Survey
Report and Request to Cancel Its
Decommissioning Funding Instrument for the
American Centrifuge Lead Cascade Facility,
dated September 23, 2019.
Enclosure 1--Safety Evaluation Report on ML19228A097.
Centrus Energy Corp. Request for Review
and Approval of American Centrifuge Lead
Cascade Facility Final Status Survey
Report and Request for Termination of
Decommissioning Funding, dated September
23, 2019.
Enclosure 2: NRC Form 374--Amendment 16 of ML19228A098.
License (Public), dated September 23, 2019.
Letter to J. Lubinski of NRC [License ML23311A313.
Termination Request]: American Centrifuge
Lead Cascade Facility; Docket Number 70-
7003; License Number SNM-7003, dated
November 2, 2023.
Email to K. Fitch of ACO: Acceptance for ML24008A015.
Detailed Review Email for Centrus/ACO's
Request to Terminate its Lead Cascade
Facility License SNM-2003, January 5, 2024.
[[Page 88821]]
Letter to J. Lubinski of NRC: American ML24135A205.
Centrifuge Lead Cascade Facility--
Submittal of NRC Form 314, Certificate of
Disposition of Materials, dated April 25,
2024.
Memorandum to S. Lav of NRC: Adequacy of ML24260A089.
ACO's Form 314 Certification, dated April
25, 2024; dated September 19, 2024.
Email to State of Ohio Requesting Review of ML24284A321.
EA for Proposed Lead Cascade Facility
License Termination, dated September 20,
2024.
Email to Ohio SHPO re: EA for Proposed Lead ML24284A322.
Cascade Facility License Termination,
dated September 20, 2024.
Response from State of Ohio re: EA for Lead ML24284A318.
Cascade Facility License Termination,
dated October 8, 2024.
Letter to K. Fitch of ACO: License ML24283A205 (Package).
Termination Package for Special Nuclear
Materials License Number SNM-7003 For The
American Centrifuge Lead Cascade Facility,
dated November 2024.
------------------------------------------------------------------------
Dated: November 5, 2024.
For the Nuclear Regulatory Commission.
Shana Helton,
Director, Division of Fuel Management, Office of Nuclear Materials
Safety and Safeguards.
[FR Doc. 2024-26006 Filed 11-7-24; 8:45 am]
BILLING CODE 7590-01-P