Lost Creek ISR, LLC, 44158-44160 [2015-18236]
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44158
Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices
current and future applicants for
combined licenses, would not be
inconsistent with any issue finality
protection under 10 CFR 52.83 or 10
CFR 52.98.
Dated at Rockville, Maryland, this 16th day
of July, 2015.
For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic
Issues Branch, Division of Engineering, Office
of Nuclear Regulatory Research.
[FR Doc. 2015–18114 Filed 7–23–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–454 and 50–455; NRC–
2013–0178]
Exelon Generating Company, LLC;
Byron Station, Units 1 and 2
Nuclear Regulatory
Commission.
ACTION: Supplemental environmental
impact statement; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a final
plant-specific supplement, Supplement
54, to NUREG–1437, ‘‘Generic
Environmental Impact Statement for
License Renewal of Nuclear Plants’’
(GEIS), regarding the renewal of Exelon
Generating Company, LLC (Exelon)
operating licenses NPF–37 and NPF–66
for Byron Station, Units 1 and 2 (Byron),
respectively, for an additional 20 years
of operation.
DATES: The final Supplement 54 to the
GEIS is available as of July 24, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2013–0178 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 Web site: Go
to https://www.regulations.gov and
search for Docket ID NRC–2013–0178.
Address questions about NRC dockets to
Carol Gallagher; telephone: 301–415–
3463; email: Carol.Gallagher@nrc.gov.
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 publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:59 Jul 23, 2015
Jkt 235001
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, 301–415–4737, or by
email to pdr.resource@nrc.gov. The final
Supplement 54 to the GEIS is in
ADAMS under Accession No.
ML15196A263.
• • NRC’s PDR: You may examine
and purchase copies of public
documents at the NRC’s PDR, Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852.
FOR FURTHER INFORMATION CONTACT: Lois
James, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–3306; email:
Lois.James@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with § 51.118 of Title
10 of the Code of Federal Regulations,
the NRC is making available final
Supplement 54 to the GEIS regarding
the renewal of Exelon operating licenses
NPF–37 and NPF–66 for an additional
20 years of operation for Byron. Draft
Supplement 54 to the GEIS was noticed
by the NRC in the Federal Register on
January 2, 2015 (80 FR 55), and noticed
by the Environmental Protection Agency
on January 2, 2015 (80 FR 41). The
public comment period on draft
Supplement 54 to the GEIS ended on
February 20, 2015, and the comments
received are addressed in final
Supplement 54 to the GEIS. Final
Supplement 54 to the GEIS is available
as indicated in the ADDRESSES section of
this document.
II. Discussion
As discussed in chapter 5 of the final
Supplement 54 to the GEIS, the NRC
determined that the adverse
environmental impacts of license
renewal for Byron are not so great that
preserving the option of license renewal
for energy-planning decisionmakers
would be unreasonable. This
recommendation is based on: (1) The
analysis and findings in the GEIS; (2)
information provided in the
environmental report and other
documents submitted by Exelon; (3)
consultation with Federal, State, local,
and Tribal agencies; (4) the NRC staff’s
independent environmental review; and
(5) consideration of public comments
received during the scoping process and
on the Draft Supplemental
Environmental Impact Statement.
Dated at Rockville, Maryland, this 16th day
of July 2015.
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
For the Nuclear Regulatory Commission.
James G. Danna,
Chief, Projects Branch 2, Division of License
Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2015–18110 Filed 7–23–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–09068; NRC–2008–0391]
Lost Creek ISR, LLC
Nuclear Regulatory
Commission.
ACTION: Temporary exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a
temporary exemption from certain NRC
financial assurance requirements to Lost
Creek ISR, LLC (Lost Creek), in response
to its annual financial assurance update
for its Lost Creek In-Situ Recovery (ISR)
project. Issuance of this temporary
exemption will not remove the
requirement for Lost Creek to provide
adequate financial assurance through an
approved mechanism, but will allow the
NRC staff to further evaluate whether
the State of Wyoming’s separate account
provision for financial assurance
instruments it holds is consistent with
the NRC’s requirement for a standby
trust agreement.
ADDRESSES: Please refer to Docket ID
NRC–2008–0391 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 Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0391. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. 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 publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
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, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
SUMMARY:
E:\FR\FM\24JYN1.SGM
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Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices
document referenced (if it available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John
L. Saxton, Office of Nuclear Material
Safety and Safeguards; U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001; telephone: 301–415–0697;
email: John.Saxton@nrc.gov.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
I. Background
Pursuant to Part 40 of Title 10 of the
Code of Federal Regulations (10 CFR),
Appendix A, Criterion 9 and NRC
materials license SUA–1598, License
Condition 9.5, Lost Creek is required to
submit to the NRC for review and
approval an annual update of the
financial surety to cover third-party
costs for decommissioning and
decontamination of the Lost Creek ISR
facility located in Sweetwater County,
Wyoming. By letter dated November 21,
2014, Lost Creek submitted to the NRC
its annual surety update for 2014–2015
(ADAMS Accession No. ML14337A251).
The NRC’s staff reviewed the annual
financial surety update and found the
values reasonable for the required
reclamation activities (ADAMS
Accession No. ML14162A050). Lost
Creek maintains an approved financial
assurance instrument in favor of the
State of Wyoming; however, it does not
have a standby trust agreement (STA) in
place, as required by 10 CFR part 40,
Appendix A, Criterion 9.
II. Description of Action
As of December 17, 2012, NRC’s
uranium milling licensees, which are
regulated, in part, under 10 CFR part 40,
Appendix A, Criterion 9, are required to
have an STA in place. Criterion 9
provides that if a licensee does not use
a trust as its financial assurance
mechanism, then the licensee is
required to establish a standby trust
fund to receive funds in the event the
Commission or State regulatory agency
exercises its right to collect the funds
provided for by surety bond or letter of
credit. The purpose of an STA is to
provide a separate account to hold the
decommissioning funds in the event of
a default.
Consistent with provisions of 10 CFR
part 40, Appendix A, Criterion 9(d),
Lost Creek has consolidated its NRC
financial assurance sureties with those
it is required to obtain by the State of
Wyoming, and the financial instrument
is held by the State of Wyoming. Lost
Creek has not established an STA, nor
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19:59 Jul 23, 2015
Jkt 235001
has it requested an exemption from the
requirement to do so.
Wyoming law requires that a separate
account be set up to receive forfeited
decommissioning funds, but does not
specifically require an STA. Section 35–
11–424(a) of the Code of Wyoming
states that ‘‘[a]ll forfeitures collected
under the provisions of this act shall be
deposited with the State treasurer in a
separate account for reclamation
purposes.’’ Under Wyoming Department
of Environmental Quality (WDEQ)
financial assurance requirements,
WDEQ holds permit bonds in a
fiduciary fund called an agency fund. If
a bond is forfeited, the forfeited funds
are moved to a special revenue account.
Although the Wyoming special revenue
account is not an STA, the special
revenue account serves a similar
purpose in that forfeited funds are not
deposited into the State treasury for
general fund use, but instead are set
aside in the special revenue account to
be used exclusively for reclamation, i.e.,
decommissioning, purposes.
The NRC has the discretion, under 10
CFR 40.14(a), to grant an exemption
from the requirements of a regulation in
10 CFR part 40 on its own initiative, if
the NRC determines the exemption is
authorized by law and will not endanger
life or property or the common defense
and security and is otherwise in the
public interest. The NRC has elected to
grant Lost Creek an exemption to the
STA requirements in 10 CFR part 40,
Appendix A, Criterion 9, for the current
surety arrangement until the next
review cycle to allow the NRC an
opportunity to evaluate whether the
State of Wyoming’s separate account
requirements for financial assurance
instruments it holds is consistent with
the NRC’s STA requirements.
III. Discussion
A. The Exemption Is Authorized by Law
The NRC staff concluded that the
proposed exemption is authorized by
law as 10 CFR 40.14(a) expressly allows
for an exemption to the requirements in
10 CFR part 40, Appendix A, Criterion
9, and the proposed exemption would
not be contrary to any provision of the
Atomic Energy Act of 1954, as amended.
B. The Exemption Presents No Undue
Risk to Public Health and Safety
The exemption is related to the
financial surety. The requirement that
the licensee provide adequate financial
assurance through an approved
mechanism (e.g., a surety bond,
irrevocable letter of credit) would
remain unaffected by the exemption.
Rather, the exemption would only
PO 00000
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Fmt 4703
Sfmt 4703
44159
pertain to the establishment of a
dedicated trust in which funds could be
deposited in the event that the financial
assurance mechanism needed to be
liquidated. The requirement in 10 CFR
part 40, Appendix A, Criterion 9(d),
allows for the financial or surety
arrangements to be consolidated within
a State’s similar financial assurance
instrument. The NRC has determined
that while the WDEQ does not require
an STA, the special revenue account
may serve a similar purpose in that
forfeited funds are not deposited into
the State treasury for general fund use,
but instead are set aside in the special
revenue account to be used exclusively
for site-specific reclamation, i.e.,
decommissioning, purposes. Because
the licensee remains obligated to
establish an adequate financial
assurance mechanism for its licensed
sites, and the NRC has approved such a
mechanism, sufficient funds are
available in the event that the site
would need to be decommissioned. A
temporary delay in establishing an STA
does not impact the present availability
and adequacy of the actual financial
assurance mechanism. Therefore, the
limited exemption being issued by the
NRC herein presents no undue risk to
public health and safety.
C. The Exemption Is Consistent With the
Common Defense and Security
The proposed exemption would not
involve or implicate the common
defense or security. Therefore, granting
the exemption will have no effect on the
common defense and security.
D. The Exemption Is in the Public
Interest
The proposed exemption would
enable the NRC staff to evaluate the
State of Wyoming’s separate account
provision and the NRC’s STA
requirement to determine if they are
comparable. The evaluation process will
allow the NRC to determine whether the
licensee’s compliance with the state law
provision will sufficiently address the
NRC requirement as well, and therefore
provide clarity on the implementation
of the NRC regulation in this instance.
Therefore, granting the exemption is in
the public interest.
E. Environmental Considerations
The NRC staff has determined that
granting of an exemption from the
requirements of 10 CFR part 40,
Appendix A, Criterion 9 belongs to a
category of regulatory actions which the
NRC, by regulation, has determined do
not individually or cumulatively have a
significant effect on the environment,
and as such do not require an
E:\FR\FM\24JYN1.SGM
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44160
Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices
environmental assessment. The
exemption from the requirement to have
an STA in place is eligible for
categorical exclusion under 10 CFR
51.22(c)(25)(vi)(H), which provides that
exemptions from surety, insurance, or
indemnification requirements are
categorically excluded if the exemption
would not result in any significant
hazards consideration; change or
increase in the amount of any offsite
effluents; increase in individual or
cumulative public or occupational
radiation exposure; construction
impacts; or increase in the potential for
or consequence from radiological
accidents. The NRC staff finds that the
STA exemption involves surety,
insurance and/or indemnity
requirements and that granting Lost
Creek this temporary exemption from
the requirement of establishing a
standby trust arrangement would not
result in any significant hazards or
increases in offsite effluents, radiation
exposure, construction impacts, or
potential radiological accidents.
Therefore, an environmental assessment
is not required.
IV. Conclusions
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Accordingly, the NRC has determined
that, pursuant to 10 CFR 40.14(a), the
proposed temporary exemption is
authorized by law, will not present an
undue risk to the public health and
safety, is consistent with the common
defense and security, and is in the
public interest. NRC hereby grants Lost
Creek ISR, LLC an exemption from the
requirement in 10 CFR part 40,
Appendix A, Criterion 9 to set up a
standby trust to receive funds in the
event the NRC or the State regulatory
agency exercises is right to collect the
surety. This exemption will expire on
February 10, 2015, for the Lost Creek
ISR Project. At that time, Lost Creek will
be required to ensure compliance with
the STA requirements.
Dated at Rockville, Maryland, this 16th day
of July 2015.
For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Division of
Decommissioning, Uranium Recovery and
Environmental Programs, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2015–18236 Filed 7–23–15; 8:45 am]
BILLING CODE 7590–01–P
[NRC–2015–0172]
Clarification of Reporting
Requirements
Nuclear Regulatory
Commission.
ACTION: Draft regulatory issue summary;
request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is seeking public
comment on a draft regulatory issue
summary (RIS). This draft RIS clarifies
reporting requirements related to
analyses of emergency core cooling
system performance and how these
reporting requirements apply to
applicants for and holders of nuclear
power reactor operating licenses,
construction permits, combined
licenses, standard design approvals, and
manufacturing licenses, and applicants
for standard design certifications.
DATES: Submit comments by September
22, 2015. Comments received after this
date will be considered if it is practical
to do so, but the Commission is able to
ensure consideration only for comments
received before this date.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0172. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
OWFN–12–H08, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
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:
Alexandra Popova, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–001; telephone: 301–415–
2876, email: Alexandra.Popova@
nrc.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
19:59 Jul 23, 2015
Jkt 235001
I. Obtaining Information and
Submitting Comments
NUCLEAR REGULATORY
COMMISSION
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
A. Obtaining Information
Please refer to Docket ID NRC–2015–
0172 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0172.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
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, 301–415–4737, or by
email to pdr.resource@nrc.gov. The draft
RIS is available in ADAMS under
Accession No. ML15057A346.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2015–
0172 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
The NRC is issuing this draft RIS to
clarify the reporting requirements under
part 50.46 of Title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Acceptance Criteria for Emergency
E:\FR\FM\24JYN1.SGM
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Agencies
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44158-44160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18236]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 040-09068; NRC-2008-0391]
Lost Creek ISR, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: Temporary exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
temporary exemption from certain NRC financial assurance requirements
to Lost Creek ISR, LLC (Lost Creek), in response to its annual
financial assurance update for its Lost Creek In-Situ Recovery (ISR)
project. Issuance of this temporary exemption will not remove the
requirement for Lost Creek to provide adequate financial assurance
through an approved mechanism, but will allow the NRC staff to further
evaluate whether the State of Wyoming's separate account provision for
financial assurance instruments it holds is consistent with the NRC's
requirement for a standby trust agreement.
ADDRESSES: Please refer to Docket ID NRC-2008-0391 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 Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0391. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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 ``ADAMS Public Documents'' and
then 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, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each
[[Page 44159]]
document referenced (if it available in ADAMS) is provided the first
time that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John L. Saxton, Office of Nuclear
Material Safety and Safeguards; U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001; telephone: 301-415-0697; email:
John.Saxton@nrc.gov.
I. Background
Pursuant to Part 40 of Title 10 of the Code of Federal Regulations
(10 CFR), Appendix A, Criterion 9 and NRC materials license SUA-1598,
License Condition 9.5, Lost Creek is required to submit to the NRC for
review and approval an annual update of the financial surety to cover
third-party costs for decommissioning and decontamination of the Lost
Creek ISR facility located in Sweetwater County, Wyoming. By letter
dated November 21, 2014, Lost Creek submitted to the NRC its annual
surety update for 2014-2015 (ADAMS Accession No. ML14337A251). The
NRC's staff reviewed the annual financial surety update and found the
values reasonable for the required reclamation activities (ADAMS
Accession No. ML14162A050). Lost Creek maintains an approved financial
assurance instrument in favor of the State of Wyoming; however, it does
not have a standby trust agreement (STA) in place, as required by 10
CFR part 40, Appendix A, Criterion 9.
II. Description of Action
As of December 17, 2012, NRC's uranium milling licensees, which are
regulated, in part, under 10 CFR part 40, Appendix A, Criterion 9, are
required to have an STA in place. Criterion 9 provides that if a
licensee does not use a trust as its financial assurance mechanism,
then the licensee is required to establish a standby trust fund to
receive funds in the event the Commission or State regulatory agency
exercises its right to collect the funds provided for by surety bond or
letter of credit. The purpose of an STA is to provide a separate
account to hold the decommissioning funds in the event of a default.
Consistent with provisions of 10 CFR part 40, Appendix A, Criterion
9(d), Lost Creek has consolidated its NRC financial assurance sureties
with those it is required to obtain by the State of Wyoming, and the
financial instrument is held by the State of Wyoming. Lost Creek has
not established an STA, nor has it requested an exemption from the
requirement to do so.
Wyoming law requires that a separate account be set up to receive
forfeited decommissioning funds, but does not specifically require an
STA. Section 35-11-424(a) of the Code of Wyoming states that ``[a]ll
forfeitures collected under the provisions of this act shall be
deposited with the State treasurer in a separate account for
reclamation purposes.'' Under Wyoming Department of Environmental
Quality (WDEQ) financial assurance requirements, WDEQ holds permit
bonds in a fiduciary fund called an agency fund. If a bond is
forfeited, the forfeited funds are moved to a special revenue account.
Although the Wyoming special revenue account is not an STA, the special
revenue account serves a similar purpose in that forfeited funds are
not deposited into the State treasury for general fund use, but instead
are set aside in the special revenue account to be used exclusively for
reclamation, i.e., decommissioning, purposes.
The NRC has the discretion, under 10 CFR 40.14(a), to grant an
exemption from the requirements of a regulation in 10 CFR part 40 on
its own initiative, if the NRC determines the exemption is authorized
by law and will not endanger life or property or the common defense and
security and is otherwise in the public interest. The NRC has elected
to grant Lost Creek an exemption to the STA requirements in 10 CFR part
40, Appendix A, Criterion 9, for the current surety arrangement until
the next review cycle to allow the NRC an opportunity to evaluate
whether the State of Wyoming's separate account requirements for
financial assurance instruments it holds is consistent with the NRC's
STA requirements.
III. Discussion
A. The Exemption Is Authorized by Law
The NRC staff concluded that the proposed exemption is authorized
by law as 10 CFR 40.14(a) expressly allows for an exemption to the
requirements in 10 CFR part 40, Appendix A, Criterion 9, and the
proposed exemption would not be contrary to any provision of the Atomic
Energy Act of 1954, as amended.
B. The Exemption Presents No Undue Risk to Public Health and Safety
The exemption is related to the financial surety. The requirement
that the licensee provide adequate financial assurance through an
approved mechanism (e.g., a surety bond, irrevocable letter of credit)
would remain unaffected by the exemption. Rather, the exemption would
only pertain to the establishment of a dedicated trust in which funds
could be deposited in the event that the financial assurance mechanism
needed to be liquidated. The requirement in 10 CFR part 40, Appendix A,
Criterion 9(d), allows for the financial or surety arrangements to be
consolidated within a State's similar financial assurance instrument.
The NRC has determined that while the WDEQ does not require an STA, the
special revenue account may serve a similar purpose in that forfeited
funds are not deposited into the State treasury for general fund use,
but instead are set aside in the special revenue account to be used
exclusively for site-specific reclamation, i.e., decommissioning,
purposes. Because the licensee remains obligated to establish an
adequate financial assurance mechanism for its licensed sites, and the
NRC has approved such a mechanism, sufficient funds are available in
the event that the site would need to be decommissioned. A temporary
delay in establishing an STA does not impact the present availability
and adequacy of the actual financial assurance mechanism. Therefore,
the limited exemption being issued by the NRC herein presents no undue
risk to public health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
The proposed exemption would not involve or implicate the common
defense or security. Therefore, granting the exemption will have no
effect on the common defense and security.
D. The Exemption Is in the Public Interest
The proposed exemption would enable the NRC staff to evaluate the
State of Wyoming's separate account provision and the NRC's STA
requirement to determine if they are comparable. The evaluation process
will allow the NRC to determine whether the licensee's compliance with
the state law provision will sufficiently address the NRC requirement
as well, and therefore provide clarity on the implementation of the NRC
regulation in this instance. Therefore, granting the exemption is in
the public interest.
E. Environmental Considerations
The NRC staff has determined that granting of an exemption from the
requirements of 10 CFR part 40, Appendix A, Criterion 9 belongs to a
category of regulatory actions which the NRC, by regulation, has
determined do not individually or cumulatively have a significant
effect on the environment, and as such do not require an
[[Page 44160]]
environmental assessment. The exemption from the requirement to have an
STA in place is eligible for categorical exclusion under 10 CFR
51.22(c)(25)(vi)(H), which provides that exemptions from surety,
insurance, or indemnification requirements are categorically excluded
if the exemption would not result in any significant hazards
consideration; change or increase in the amount of any offsite
effluents; increase in individual or cumulative public or occupational
radiation exposure; construction impacts; or increase in the potential
for or consequence from radiological accidents. The NRC staff finds
that the STA exemption involves surety, insurance and/or indemnity
requirements and that granting Lost Creek this temporary exemption from
the requirement of establishing a standby trust arrangement would not
result in any significant hazards or increases in offsite effluents,
radiation exposure, construction impacts, or potential radiological
accidents. Therefore, an environmental assessment is not required.
IV. Conclusions
Accordingly, the NRC has determined that, pursuant to 10 CFR
40.14(a), the proposed temporary exemption is authorized by law, will
not present an undue risk to the public health and safety, is
consistent with the common defense and security, and is in the public
interest. NRC hereby grants Lost Creek ISR, LLC an exemption from the
requirement in 10 CFR part 40, Appendix A, Criterion 9 to set up a
standby trust to receive funds in the event the NRC or the State
regulatory agency exercises is right to collect the surety. This
exemption will expire on February 10, 2015, for the Lost Creek ISR
Project. At that time, Lost Creek will be required to ensure compliance
with the STA requirements.
Dated at Rockville, Maryland, this 16th day of July 2015.
For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Division of Decommissioning, Uranium Recovery and
Environmental Programs, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2015-18236 Filed 7-23-15; 8:45 am]
BILLING CODE 7590-01-P