[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104236-104239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30394]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-354, 50-272, 50-311, 50-277, and 50-278; CEQ ID SEIS-
429-00-000-1732152679; NRC-2024-0206]
PSEG Nuclear, LLC; Hope Creek Generating Station; Salem
Generating Station, Units 1 and 2; and Peach Bottom Atomic Power
Station, Units 2 and 3; 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 exemptions in response to the May 28, 2024, request from
PSEG Nuclear, LLC (the licensee) for Hope Creek Generating Station
(Hope Creek); Salem Generating Station, Units 1 and 2 (Salem); and
Peach Bottom Atomic Power Station, Units 2 and 3 (Peach Bottom). The
exemptions would allow the licensee to periodically transfer earnings
from funds dedicated for radiological decommissioning activities in its
nuclear decommissioning trust (NDT) into separately maintained
subaccounts within the NDT for certain activities not within the
definition of ``decommission'' in NRC regulations without prior NRC
notification. The NRC staff is issuing an environmental assessment (EA)
and finding of no significant impact (FONSI) associated with the
proposed exemptions.
[[Page 104237]]
DATES: The EA and FONSI referenced in this document are available on
December 20, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0206 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-2024-0206. 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.
FOR FURTHER INFORMATION CONTACT: Rachael Davis, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0805; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of exemptions from the requirements
in paragraphs 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the
Code of Federal Regulations (10 CFR) to the licensee for Renewed
Facility License Nos. NPF-57, DPR-70, DPR-75, DPR-44, and DPR-56 for
Hope Creek Generating Station (Hope Creek); Salem Generating Station,
Units 1 and 2 (Salem); and Peach Bottom Atomic Power Station, Units 2
and 3 (Peach Bottom), respectively. Hope Creek and Salem are co-located
in Hancocks Bridge, NJ, and Peach Bottom is located in Delta, PA. The
licensee requested the exemptions by letter dated May 28, 2024. The
exemptions would permit the licensee to periodically transfer future
earnings from the nuclear decommissioning trust (NDT) into ``non-
50.75'' subaccounts within the NDT without prior notice to the NRC. The
non-50.75 subaccounts would be used to separately account for funds to
pay for ``decommissioning costs,'' as defined by the U.S. Treasury
Department,\1\ for each site, that do not fall within the definition of
``decommission'' in 10 CFR 50.2. These costs include costs for
radiological and non-radiological activities, including major
radioactive component (MRC) disposal, site restoration activities, and
certain spent fuel management activities.
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\1\ Title 26 of the CFR (26 CFR), section 1.468A-1(b)(6), of the
Treasury Department regulations implementing section 468A of the
Internal Revenue Code.
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As required by 10 CFR 51.21, the NRC performed an EA that analyzed
the environmental impacts of the proposed action. Based on the results
of the EA that follows, and in accordance with 10 CFR 51.31(a), the NRC
has determined not to prepare an environmental impact statement for the
exemptions and, rather, is issuing a FONSI.
II. Environmental Assessment
Description of the Proposed Action
Exemptions from 10 CFR 50.82(a)(8)(1)(A) and 10 CFR 50.75(h)(1)(iv)
would allow the licensee to transfer excess earnings from funds
dedicated to radiological decommissioning in the NDT into subaccounts
within the NDT to use for decommissioning costs that do not fall under
the definition in 10 CFR 50.2, such as spent fuel management, disposal
of MRCs, and site restoration activities. Exemptions from 10 CFR
50.75(h)(1)(iv) would also allow the licensee to make transfers from
the NDT into subaccounts without prior notification to the NRC.
The proposed action is in accordance with the licensee's
application dated May 28, 2024.
Need for the Proposed Action
As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust
funds may be used by the licensee if the withdrawals are for legitimate
decommissioning activity expenses, consistent with the definition of
``decommission'' in 10 CFR 50.2. This definition addresses radiological
decommissioning and does not include activities associated with
disposal of MRCs during plant operations, spent fuel management, or
site restoration.
The requirements of 10 CFR 50.75(h)(1)(iv) restrict the use of DTF
disbursements (other than for ordinary and incidental expenses) to
decommissioning expenses until final decommissioning has been
completed. Therefore, exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10
CFR 50.75(h)(1)(iv) are needed to allow the licensee to use funds from
the NDTs for purposes not restricted to radiological decommissioning.
In its submittal, the licensee stated that, if granted, the funds
transferred into non-50.75 subaccounts within the NDT would remain
subject to other applicable requirements, including the Decommissioning
Trust Agreement. The licensee states that if it cannot use the excess
funds in the NDT to pay for decommissioning activities other than those
considered radiological decommissioning until after the completion of
radiological decommissioning, then the licensee would need to provide
additional funds to pay for those activities that would not be
recoverable from the NDT until after final completion of radiological
decommissioning. The licensee stated that the transferred funds would
be used to pay for decommissioning costs as defined by the U.S.
Treasury Department in 26 CFR 1.468A-1(b)(6), for each site. These
costs include costs for radiological and non-radiological activities,
including MRC disposal, site restoration activities, and certain spent
fuel management activities. The requirements of 10 CFR 50.75(h)(1)(iv)
further provide that, except for withdrawals being made under 10 CFR
50.82(a)(8) or for payments of ordinary administrative costs and other
incidental expenses of the NDTs in connection with the operation of the
NDTs, no disbursement may be made from the NDTs without written notice
to the NRC at least 30 working days in advance. Therefore, an exemption
from 10 CFR 50.75(h)(1)(iv) is also needed to allow the licensee to use
funds from the NDTs for spent fuel management and disposal of MRCs
without prior NRC notification. In summary, by letter dated May 28,
2024, the licensee requested exemptions to allow transfers of excess
earnings from funds dedicated to radiological decommissioning in the
NDT into subaccounts, without prior written notification to the NRC,
for spent fuel management, disposal of MRCs, and site restoration.
[[Page 104238]]
Environmental Impacts of the Proposed Action
The proposed action involves exemptions from regulatory
requirements that are of a financial nature and that do not have an
incremental impact on the environment. The proposed action does not
introduce new operational activities beyond actions covered under the
current licensing bases and the current environmental impact
statements, rather the proposed action allows the licensee to transfer
excess earnings from the NDT dedicated to radiological decommissioning
as defined in 10 CFR 50.2 into subaccounts within the NDT to pay for
other decommissioning costs not described under the regulation. The NRC
has completed its evaluation of the proposed action and found that
reasonable assurance exists that adequate funds will be available in
PSEG's NDT to complete radiological decommissioning and terminate the
Part 50 licenses for Salem, Hope Creek, and Peach Bottom. Therefore,
the NRC staff concludes that there will be no environmental impacts
from the proposed action.
Due to the proposed action being financial in nature, it will not
significantly increase the probability or consequences of radiological
accidents. The NRC staff has concluded that the proposed action has no
direct radiological impacts. There would be no change to the types or
amounts of radiological effluents that may be released; therefore,
there would be no change in occupational or public radiation exposure
from the proposed action. There are no materials or chemicals
introduced into the plant that could affect the characteristics or
types of effluents released offsite. In addition, the method of
operation of waste processing systems would not be affected by the
exemption. The proposed action will not result in changes to the design
basis requirements of structures, systems, and components (SSCs) that
function to limit or monitor the release of effluents. All the SSCs
associated with limiting the release of effluents will continue to be
able to perform their functions. Moreover, no changes would be made to
plant buildings or the site property from the proposed action.
Therefore, there are no significant radiological environmental impacts
associated with the proposed action.
With regard to potential non-radiological impacts, the proposed
action would have no direct impacts on land use or water resources,
including terrestrial and aquatic biota, as it involves no new
construction or modification of plant operational systems. There would
be no changes to the quality or quantity of non-radiological effluents,
and no changes to the plant's National Pollutant Discharge Elimination
System permits would be needed. In addition, there would be no
noticeable effect on socioeconomic conditions in the region, no
environment justice impacts, no air quality impacts, and no impacts to
historic and cultural resources from the proposed action. Therefore,
there are no significant non-radiological environmental impacts
associated with the proposed action.
Accordingly, the NRC concludes that there are no significant
environmental impacts associated with the proposed action.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the staff considered
denial of the proposed action (i.e., the ``no-action'' alternative).
Denial of the proposed action would result in no change in current
environmental impacts. Therefore, the environmental impacts of the
proposed action and the alternative action 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 additional agencies or persons were consulted regarding the
environmental impact of the proposed action.
III. Finding of No Significant Impact
The licensee has requested exemptions from 10 CFR 50.82(a)(8)(i)(A)
and 10 CFR 50.75(h)(1)(iv), which would allow the licensee to transfer
excess earnings from the NDT dedicated to radiological decommissioning
into subaccounts within the NDT for decommissioning costs as defined by
the U.S Treasury Department without prior written notification to the
NRC. The proposed action would not significantly affect plant safety,
would not have a significant adverse effect on the probability of an
accident occurring, and would not have any significant radiological or
non-radiological impacts. The reason the human environment would not be
significantly affected is that the proposed action involves an
exemption from requirements that are of a financial nature and that do
not have an impact on the human environment. Consistent with 10 CFR
51.21, the NRC conducted an EA for the proposed action, and this FONSI
incorporates the EA included in section II. Therefore, the NRC
concludes that the proposed action will not have significant effects on
the quality of the human environment. Accordingly, the NRC has
determined not to prepare an environmental impact statement for the
proposed action.
Other than the licensee's letter dated May 28, 2024, there are no
other environmental documents associated with this review. This
document is available for public inspection as indicated in section I.
Other considerations regarding the environmental impacts of
operating Hope Creek and Salem are described in the ``Final
Environmental Statement Related to the Salem Nuclear Generating Station
Units 1 and 2, Public Service Electric and Gas Company,'' dated April
1973, and NUREG-1074,''Final Environmental Statement Related to the
Operation of Hope Creek Generating Station,'' dated December 1984. The
most recent environmental impact statement for Hope Creek and Salem is
NUREG-1437, Supplement 45, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Plants: Regarding Hope Creek Generating
Station and Salem Nuclear Generating Station, Units 1 and 2,'' Final
Report, dated March 2011.
Other considerations regarding the environmental impacts of
operating Peach Bottom are described in the ``Final Environmental
Statement Related to Operation of Peach Bottom Atomic Power Station
Units 2 and 3,'' dated April 1973; NUREG-1437,Supplement 10, ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants:
Regarding License Renewal for Peach Bottom Atomic Power Station Units 2
and 3,'' dated January 2003. The most recent environmental impact
statement for Peach Bottom is NUREG-1437,Supplement 10, ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants:
Regarding License Renewal for Peach Bottom Atomic Power Station Units 2
and 3,'' dated January 2020.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
[[Page 104239]]
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Document description Adams accession No.
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Letter from PSEG Nuclear, LLC to NRC titled, ``Request for ML24150A002 (Package).
Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv) and Proposed Amendment to the
Decommissioning Trust Agreement,'' dated May 28, 2024.
Final Environmental Statement Related to the Salem Nuclear ML110400162.
Generating Station, Units 1 and 2, Public Service Electric
and Gas Company, dated April 1973.
NUREG-1074,''Final Environmental Statement Related to the ML20101K322.
Operation of Hope Creek Generating Station,'' December
1984.
NUREG-1437, Supplement 45, ``Generic Environmental Impact ML11089A021.
Statement for License Renewal of Nuclear Plants: Regarding
Hope Creek Generating Station and Salem Nuclear Generating
Station, Units 1 and 2,'' dated March 2011.
Final Environmental Statement Related to Operation of Peach ML18291A605.
Bottom Atomic Power Station, Units 2 and 3, dated April
1973.
NUREG-1437,Supplement 10, ``Generic Environmental Impact ML030150366 (Package).
Statement for License Renewal of Nuclear Plants: Regarding
License Renewal for Peach Bottom Atomic Power Station
Units 2 and 3,'' dated January 2003.
NUREG-1437,Supplement 10, ``Generic Environmental Impact ML20023A937.
Statement for License Renewal of Nuclear Plants: Regarding
Subsequent License Renewal for Peach Bottom Atomic Power
Station Units 2 and 3,'' dated January 2020.
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Dated: December 16, 2024.
For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing Branch 1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-30394 Filed 12-19-24; 8:45 am]
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