[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Notices]
[Pages 16756-16759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-06389]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-321 and 50-366; NRC-2025-0091]
Southern Nuclear Operating Company, Inc.; Edwin I. Hatch 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, the Commission)
is issuing an environmental assessment (EA) and finding of no
significant impact (FONSI) regarding the NRC's consideration of
subsequent license renewal (SLR) for Edwin I. Hatch Nuclear Plant
(HNP), Units 1 and 2. The EA evaluates the environmental impacts of the
subsequent renewal of Renewed Facility Operating License Nos. DPR-57
and NPF-5 for HNP, Units 1 and 2, respectively, for an additional 20
years of operation, alternatives to SLR and their environmental
effects, and mitigation measures for minimizing adverse environmental
impacts, as appropriate. HNP is located approximately 11 miles north of
Baxley, Georgia on the Altamaha River, in Toombs and Appling Counties.
DATES: The EA and FONSI referenced in this document were available on
March 26, 2026.
ADDRESSES: Please refer to Docket ID NRC-2025-0091 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-2025-0091. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual listed in the FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access 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 ADAMS Public 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: Ashley Waldron, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7317; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
On May 15, 2025, Southern Nuclear Operating Company, Inc. (SNC)
submitted an application to the NRC for the subsequent renewal of
Renewed Facility Operating License Nos. DPR-57 and NPF-5, which
authorize SNC to operate HNP, Units 1 and 2. The subsequent renewed
licenses would authorize SNC to operate HNP, Units 1 and 2 for an
additional 20 years.
II. Summary of Environmental Assessment
Description of the Proposed Action and the Need for the Proposed Action
The current renewed facility operating licenses for HNP, Units 1
and 2 (Nos. DPR-57 and NPF-5, respectively) are set to expire at
midnight on August 6, 2034, and June 13, 2038, respectively. Pursuant
to SNC's submittal of an SLR application dated May 15, 2025, the NRC's
proposed Federal action is to determine whether to issue subsequent
renewed facility operating licenses for HNP, Units 1 and 2 for an
additional 20 years of operation. If renewed, these licenses would
authorize SNC to operate HNP, Units 1 and 2 until August 6, 2054, and
June 13, 2058, respectively. The proposed action also includes the
granting of an exemption from the NRC's requirements
[[Page 16757]]
in sections 51.20(b)(2), 51.25, and 51.95(c) of title 10 of the Code of
Federal Regulations (10 CFR).
The need for the proposed action is to provide an option that
allows for power generation capability beyond the term of the current
nuclear power plant operating licenses to meet future system generating
needs. Future system generating needs may be determined by State,
utility, and, where authorized, Federal decision-makers (other than the
NRC). This definition of purpose and need reflects the NRC's
recognition that, unless there are findings in the NRC staff review
that would lead the NRC to reject an SLR application, the NRC does not
have a role in the energy-planning decisions as to whether a particular
nuclear power plant should continue to operate. If subsequently renewed
licenses are issued, power plant owners, State regulators, and, in some
cases, other Federal agencies would ultimately decide whether the
nuclear power plant would continue to operate, based on economics,
energy reliability goals, and other factors within their jurisdiction
or the owners' purview. If the operating licenses are not subsequently
renewed, the nuclear power plant must shut down on or before the
expiration dates of the current operating licenses.
Environmental Impacts of the Proposed Action
In the EA, the NRC staff discusses the environmental impacts of the
proposed action of determining whether to issue subsequent renewed
facility operating licenses for HNP, Units 1 and 2 for an additional 20
years of operation. The NRC's Generic Environmental Impact Statement
for License Renewal of Nuclear Plants, Final Report (LR GEIS)
identifies 80 environmental issues, divided into 59 Category 1 (generic
to all or a distinct subset of plants) issues, 20 Category 2 (plant-
specific) issues, and 1 uncategorized issue, to be evaluated, as
applicable, for the license renewal of nuclear plants. Those issues
applicable to HNP SLR are discussed in the EA, either generically or on
a site-specific basis, as appropriate, and, based on that discussion,
assigned an environmental impact significance level of SMALL, MODERATE,
or LARGE, as defined in the NRC's regulations, or, as applicable, the
appropriate resource-specific effects or impact definitions from
environmental laws. For applicable Category 1 (generic to all or a
distinct subset of plants) issues, the NRC staff did not identify any
new and significant information and, therefore, adopted the conclusions
of the LR GEIS for those issues in the EA. For applicable Category 2
(plant-specific) issues, which are not bound or generically
dispositioned by the LR GEIS, the NRC staff made an independent
evaluation of the environmental impacts associated with those issues in
the EA. The NRC staff also considered whether any environmental issues
exist for HNP SLR that are not covered in the LR GEIS, but did not
identify any. The NRC staff determined that none of these impacts would
be significant and, accordingly, concluded that the proposed action
will not have a significant effect on the quality of the human
environment. The NRC staff also considered the environmental impacts of
the exemptions that the NRC granted as part of its environmental review
and found that there would be no environmental impacts resulting from
granting those exemptions because they only have to do with how the
staff conducts its environmental review.
Environmental Impacts of Alternatives to the Proposed Action
For license renewal, the NRC's decision-making authority is limited
to deciding whether or not to issue renewed licenses for nuclear power
plants; therefore, there are no alternatives to that proposed action
that meet the purpose and need of the proposed action. However, as part
of its analysis of the no-action alternative (i.e., not subsequently
renewing the HNP renewed licenses) and its negative environmental
impacts, the NRC staff evaluates in the EA the environmental impacts
from the shutdown of HNP and from the construction and operation of
reasonable replacement power alternatives. The results of the NRC
staff's analysis of the environmental impacts of the proposed action
and the no-action alternative are summarized in the EA and are
presented so that they may be compared. Based on the review of the
proposed action and the no-action alternative, the environmentally
preferred alternative is the proposed action.
III. Finding of No Significant Impact
The NRC's proposed action is to determine whether to issue
subsequent renewed facility operating licenses for HNP for an
additional 20 years. The NRC staff conducted an environmental review of
the HNP SLR application and of exemptions that the NRC granted as part
of its environmental review. As explained in Section V of this
document, with respect to the HNP SLR application, the NRC granted an
exemption from 10 CFR 51.20(b)(2), 10 CFR 51.25, and 10 CFR 51.95(c),
which require the NRC staff to prepare an environmental impact
statement in the first instance for license renewal applications.
Consistent with that exemption, for the HNP SLR application
environmental review, the NRC staff instead prepared an EA, which is
summarized in Section II of this document and referenced in Section IV
of this document, to determine whether the preparation of an
environmental impact statement is necessary or whether a FONSI could be
issued. On the basis of that EA, incorporated by reference in this
finding, the NRC staff concludes that the proposed action will not have
a significant effect on the quality of the human environment.
Accordingly, the NRC staff has determined not to prepare an
environmental impact statement for the proposed action and that a FONSI
is warranted. A list of agencies and persons consulted and
identification of sources used is provided in the EA.
IV. Availability of Documents
The EA and related documents are accessible online in the ADAMS
Public Documents collection at https://www.nrc.gov/reading-rn/adams.html. The documents identified in the following table are
available to interested parties through ADAMS, as indicated.
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Document description ADAMS accession No.
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Environmental Assessment and Finding of No ML26063A016.
Significant Impact for Subsequent License
Renewal of Edwin I. Hatch Nuclear Plant,
Units 1 and 2, dated March 26, 2026.
Edwin I. Hatch Nuclear Plant, Units 1 and ML25135A391.
2, Application for Subsequent Renewal of
Operating Licenses, dated May 15, 2025.
Edwin I. Hatch Nuclear Plant, Units 1 and ML25135A392.
2, Applicant's Environmental Report, dated
May 15, 2025.
NUREG-1437, Revision 2, Volumes 1, 2, and ML24087A133 (Package).
3, Generic Environmental Impact Statement
for License Renewal of Nuclear Plants,
dated August 2024.
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[[Page 16758]]
V. Exemption
Background
SNC is the holder of Renewed Facility Operating License Nos. DPR-57
and NPF-5 for HNP, Units 1 and 2, respectively. The licenses provide,
among other things, that the licensee is subject to all rules,
regulations, and orders of the NRC now or hereafter in effect. The HNP
consists of two boiling-water reactors and is located approximately 11
miles north of Baxley, Georgia on the Altamaha River, in Toombs and
Appling Counties.
On May 15, 2025, SNC submitted an application to the NRC for the
subsequent renewal of Renewed Facility Operating License Nos. DPR-57
and NPF-5, which would authorize SNC to operate HNP, Units 1 and 2 for
an additional 20 years until August 6, 2054, and June 13, 2058,
respectively.
On May 23, 2025, the President issued Executive Order (E.O.) 14300
(90 FR 22587), ``Ordering the Reform of the Nuclear Regulatory
Commission.'' Section 5(a) of E.O. 14300 directs, in part, that the NRC
``[e]stablish fixed deadlines for its evaluation and approval of . . .
license renewals. . . .'' It further directs that the deadline shall be
``no more than 1 year for final decision on an application to continue
operating an existing reactor of any type, commencing with the first
required step in the regulatory process.''
Action
The NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
implement the National Environmental Policy Act of 1969, as amended
(NEPA), in a manner that is consistent with the NRC's domestic
licensing and related regulatory authority under the Atomic Energy Act
of 1954, as amended, and the Energy Reorganization Act of 1974, as
amended. The NRC's environmental protection regulations that implement
NEPA in 10 CFR part 51 identify actions that the Commission, in the
exercise of its discretion, has determined should be covered by an
environmental impact statement (EIS) in the first instance. The renewal
of nuclear power plant operating licenses is an action identified as
requiring an EIS. However, based on its review of the environmental
report (ER) submitted as part of the HNP SLR application, the NRC staff
determined that it would be prudent to first prepare an EA to determine
whether the preparation of an EIS would be necessary or whether a FONSI
could be issued for Hatch SLR.
The NRC staff determined that an exemption from its regulations at
10 CFR 51.20(b)(2), 10 CFR 51.25, and 10 CFR 51.95(c) would be
necessary to allow the staff to prepare an EA instead of an EIS in the
first instance for the environmental review of the HNP SLR application.
The regulation at 10 CFR 51.20(b)(2) requires an EIS for the renewal of
a license to operate a nuclear power reactor. The regulation at 10 CFR
51.25 requires that the appropriate NRC staff director determine on the
basis of the criteria and classifications of types of actions in, in
part, 10 CFR 51.20, ``Criteria for and identification of licensing and
regulatory actions requiring environmental impact statements,'' whether
an EIS or EA should be prepared. The regulation at 10 CFR 51.95(c)
requires, in connection with the renewal of an operating license for a
nuclear power plant, the preparation of an EIS, which is a supplement
to the LR GEIS. Pursuant to 10 CFR 51.6, ``Specific exemptions,'' an
exemption from these regulations may be granted if it is (1) authorized
by law and (2) otherwise in the public interest.
The Exemption Is Authorized by Law
The exemption from 10 CFR 51.20(b)(2), 10 CFR 51.25, and 10 CFR
51.95(c) would allow the NRC staff to prepare an EA to determine
whether the preparation of an EIS is necessary or whether a FONSI could
be issued instead of preparing an EIS in the first instance for its
environmental review of the HNP SLR application. This exemption is
authorized by law because the preparation of an EA and FONSI, as
applicable, would satisfy the NRC's NEPA obligations and would not
violate any other applicable statute or regulation. NEPA provides
flexibility for how the NRC can satisfy its statutory obligations.
Section 102(2)(C) of NEPA, as amended by the Fiscal Responsibility Act
of 2023, states that agencies must provide a ``detailed statement'' for
``major Federal actions significantly affecting the quality of the
human environment.'' Section 106(b)(1) of NEPA states that an agency
shall issue an EIS for an action ``that has a reasonably foreseeable
significant effect on the quality of the human environment.'' Section
106(b)(2) of NEPA states that an agency shall prepare an EA for an
action ``that does not have a reasonably foreseeable significant effect
on the quality of the human environment, or if the significance of such
effect is unknown,'' unless the agency finds that the proposed agency
action is excluded pursuant to, among other things, another provision
of law. Further, Section 106(b)(2) of NEPA provides that the EA shall
be a concise public document prepared by a Federal agency to set forth
the basis of such agency's finding of no significant impact or
determination that an EIS is necessary. Consistent with these statutory
provisions, the NRC staff determined that HNP SLR does not have a
reasonably foreseeable significant effect on the quality of the human
environment based on the previously disturbed and industrialized nature
of the HNP site, findings from the NRC's 2001 environmental review for
the initial renewal of the HNP operating licenses, and the absence of
new and significant information since the issuance of the LR GEIS in
2024. Additionally, the EA that the NRC staff prepared set forth the
basis of the NRC's FONSI. As such, the NRC has satisfied its statutory
obligations under NEPA. Therefore, the NRC finds that the exemption is
authorized by law.
The Exemption Is Otherwise in the Public Interest
The exemption from 10 CFR 51.20(b)(2), 10 CFR 51.25, and 10 CFR
51.95(c) would allow the NRC staff to prepare an EA to determine
whether the preparation of an EIS is necessary or whether a FONSI could
be issued instead of preparing an EIS in the first instance for its
environmental review of the HNP SLR application. This exemption is in
the public interest because it would support the NRC's mission and the
NRC's Principles of Good Regulation. The NRC's mission is to ``protect
public health and safety and advance the nation's common defense and
security by enabling the safe and secure use and deployment of civilian
nuclear energy technologies and radioactive materials through efficient
and reliable licensing, oversight, and regulation for the benefit of
society and the environment.'' The NRC adheres to Principles of Good
Regulation in carrying out this mission. These principles focus on
ensuring safety and security while appropriately balancing the
interests of NRC's stakeholders, including the public interest. One of
these principles is the ``Efficiency'' principle, which the NRC
describes, in part, as follows: ``Regulatory activities should be
consistent with the degree of risk reduction they achieve. Where
several effective alternatives are available, the option which
minimizes the use of resources should be adopted. Regulatory decisions
should be made without undue delay.'' Consistent with the
``Efficiency'' principle, granting the exemption would allow the NRC
staff to ``minimize the use of resources'' and
[[Page 16759]]
make its regulatory decision as efficiently as possible while
continuing to fulfil its NEPA obligations through the issuance of an EA
and FONSI. The NRC staff estimates that the duration of the HNP SLR
application environmental review would be reduced by up to 3 months by
preparing an EA and FONSI instead of preparing an EIS. The time and
resource savings on this environmental review would allow the NRC staff
to allocate those resources to the environmental reviews of other
proposed projects, thereby helping the agency to better fulfill its
mission and to do so in a timely manner.
Additionally, preparing an EA and FONSI instead of an EIS would
help the NRC follow the direction of E.O. 14300 that final decisions on
license renewal applications take no more than 1 year. Following the
direction of E.O. 14300 is in the public interest, which is served by
agencies efficiently using their resources and not performing
requirements, such as preparing an EIS for the HNP SLR application
environmental review, that are unnecessary.
For these reasons, the NRC finds that the exemption is otherwise in
the public interest.
Environmental Considerations for Exemptions
In accordance with 10 CFR 51.31(a), the Commission has determined
that the granting of this exemption will not have a significant effect
on the quality of the human environment, as discussed in the NRC
staff's EA and FONSI. A summary of the EA and the FONSI are in Sections
II and III of this document, respectively.
Exemption Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
51.6, the exemption from 10 CFR 51.20(b)(2), 10 CFR 51.25, and 10 CFR
51.95(c) with respect to the HNP SLR application is authorized by law
and otherwise in the public interest. Therefore, the Commission hereby
grants an exemption from the requirements of 10 CFR 51.20(b)(2), 10 CFR
51.25, and 10 CFR 51.95(c) to allow the NRC staff, for its
environmental review of the HNP SLR application, to prepare an EA to
determine whether the preparation of an EIS is necessary or whether a
FONSI could be issued instead of preparing an EIS in the first
instance. The exemption is effective on April 2, 2026.
Dated: March 31, 2026.
For the Nuclear Regulatory Commission.
Stephen Koenick,
Acting Deputy Director, Division of Rulemaking, Environmental, and
Financial Support, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2026-06389 Filed 4-1-26; 8:45 am]
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