Portland General Electric Company; Trojan Independent Spent Fuel Storage Installation in Columbia County, Oregon, 6549-6551 [2016-02381]

Download as PDF Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. However, in some instances, a request to intervene will require including information on local residence in order to demonstrate a proximity assertion of interest in the proceeding. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing. For further details with respect to this application, see the letters dated November 12 and December 9, 2015. Dated at Rockville, Maryland, this 27th day of January 2016. For the Nuclear Regulatory Commission. Balwant K. Singal, Senior Project Manager, Plant Licensing Branch IV–1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2016–02380 Filed 2–5–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 72–17; NRC–2016–0021] Portland General Electric Company; Trojan Independent Spent Fuel Storage Installation in Columbia County, Oregon Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) and a finding of no significant impact (FONSI) for its review and approval of the decommissioning funding plan submitted by Portland General Electric Company (PGE), on December 13, 2012, for the Trojan independent spent fuel storage installation (ISFSI). ADDRESSES: Please refer to Docket ID NRC–2016–0021 when contacting the NRC about the availability of information regarding this document. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:51 Feb 05, 2016 Jkt 238001 6549 You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2016–0021. 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 http://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 document referenced (if it available in ADAMS) is provided the first time that a document is referenced. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in the, ‘‘Availability of Documents’’ section of this document. • 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: Jose Cuadrado, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 0606, email: Jose.Cuadrado@nrc.gov. SUPPLEMENTARY INFORMATION: U.S.C. 4321 et seq.). Based on the EA, the NRC staff has determined that approval of the DFP for the Trojan ISFSI will not significantly affect the quality of the human environment, and, accordingly, the staff has concluded that a FONSI is appropriate. The NRC staff further finds that preparation of an environmental impact statement (EIS) is not warranted. I. Introduction Proposed Action The NRC is considering the approval of the decommissioning funding plan (DFP) for the Trojan ISFSI. Portland General Electric Company (PGE), submitted its DFP for NRC’s review and approval by letter dated December 13, 2012 (ADAMS Accession No. ML12355A286). The NRC staff has prepared an EA (ADAMS Accession No. ML16029A242) in support of its review of PGE’s DFP, in accordance with the NRC’s regulations in part 51 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ which implement the National Environmental Policy Act of 1969, as amended (42 The proposed federal action is the NRC’s review and approval of PGE’s DFP submitted in accordance with 10 CFR 72.30(b). In order to approve the DFP, the NRC will evaluate (i) whether the decommissioning cost estimate (DCE) adequately estimates the cost to conduct the required ISFSI decommissioning activities prior to license termination, including identification of the volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the license termination criteria in 10 CFR 20.1402 or 10 CFR 20.1403, and (ii) whether the aggregate dollar amount of PGE’s financial instruments provide adequate PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 II. Environmental Assessment Summary Background The Trojan ISFSI is located on the Trojan Nuclear Plant site, in Columbia County, Oregon, approximately 42 miles north of the city of Portland, Oregon. Portland General Electric Company (PGE) is authorized by the NRC, under License No. SNM–2509, to store spent nuclear fuel at the Trojan ISFSI. The NRC requires its licensees to plan for the eventual decommissioning of their licensed facilities prior to license termination. On June 17, 2011; 76 FR 35512, the NRC published a final rule in the Federal Register amending its decommissioning planning regulations. The final rule amended the NRC’s regulation in 10 CFR 72.30, which concerns financial assurance and decommissioning for ISFSIs. This regulation now requires each holder of, or applicant for, a license under 10 CFR part 72 to submit, for NRC’s review and approval, a DFP. The purpose of the DFP is to demonstrate the licensee’s financial assurance, i.e., that funds will be available to decommission the ISFSI. The NRC staff is reviewing the DFP submitted by PGE on December 13, 2012. Specifically, the NRC must determine whether PGE’s DFP contains the information required by 10 CFR 72.30(b) and whether PGE has provided reasonable assurance that funds will be available to decommission the ISFSI. E:\FR\FM\08FEN1.SGM 08FEN1 6550 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices financial assurance to cover the DCE and that the financial instruments meet the criteria of 10 CFR 72.30(e). The proposed action does not require any changes to the ISFSI’s licensed routine operations, maintenance activities, or monitoring programs, nor does it require any new construction or land disturbing activities. The scope of the proposed action concerns only the NRC’s review and approval of the PGE’s DFP. The scope of the proposed action does not include, and will not result in, the review and approval of any decontamination or decommissioning activity or license termination for the ISFSI. asabaliauskas on DSK5VPTVN1PROD with NOTICES Purpose and Need for the Proposed Action The proposed action provides a means for PGE to demonstrate that it will have sufficient funding to cover the costs of decommissioning the ISFSI, including the reduction of the residual radioactivity at the ISFSI to the level specified by the applicable NRC’s license termination regulations concerning release of the property (10 CFR 20.1402 or 10 CFR 20.1403). Environmental Impacts of the Proposed Action The NRC’s approval of the DFP will not change the scope or nature of the operation of the ISFSI and will not authorize any changes to licensed operations or maintenance activities. The NRC’s approval of the DFP will not result in any changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of any solid waste. Moreover, the approval of the DFP will not authorize any construction activity or facility modification. Therefore, the NRC staff concludes that the approval of the DFP is a procedural and administrative action that will not result in any significant impact to the environment. Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), requires Federal agencies to consider the effects of their undertakings on historic properties. In accordance with the NHPA implementing regulations at 36 CFR part 800, ‘‘Protection of Historic Properties,’’ the NRC’s approval of PGE’s DFP constitutes a Federal undertaking. The NRC, however, has determined that the approval of the DFP is a type of undertaking that does not have the potential to cause effects on historic properties, assuming such historic properties were present, because the NRC’s approval of PGE’s DFP will not authorize or result in changes to licensed operations or maintenance activities, or changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of any solid waste. Therefore, in accordance with 36 CFR 800.3(a)(1), no consultation is required under Section 106 of the NHPA. Under Section 7 of the Endangered Species Act of 1973, prior to taking a proposed action, a Federal agency must determine whether (i) endangered and threatened species or their critical habitats are known to be in the vicinity of the proposed action and if so, whether (ii) the proposed Federal action may affect listed species or critical habitats. If the proposed action may affect listed species or critical habitats, the federal agency is required to consult with the U.S. Fish and Wildlife Service (FWS) and/or the U.S. National Marine Fisheries Service. In accordance with 50 CFR 402.13, the NRC has engaged in informal consultation with the FWS. The NRC has determined that the proposed action is not likely to adversely affect listed species or their critical habitats because the NRC’s approval of PGE’s DFP will not authorize or result in changes to licensed operations or maintenance activities, or changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of any solid waste. The FWS has concurred with the NRC’s determination that the proposed action is not likely to adversely affect listed species or critical habitat. Alternative to the Proposed Action In addition to the proposed action, the NRC evaluated the no-action alternative. The no-action alternative is to deny PGE’s DFP. A denial of a DFP that meets the criteria of 10 CFR 72.30(b) does not support the regulatory intent of the 2011 rulemaking. As noted in the rulemaking EA (ADAMS Accession No. ML090500648), not promulgating the 2011 final rule would have increased the likelihood of additional legacy sites. Thus, denying the licensee’s DFP, which the NRC has found to meet the criteria of 10 CFR 72.30(b), will undermine the licensee’s decommissioning planning. On this basis, the NRC has concluded that the no-action alternative is not a viable alternative. Agencies and Persons Consulted The NRC staff consulted with other agencies and parties regarding the environmental impacts of the proposed action. The NRC provided a draft of its EA to the State of Oregon’s Department of Nuclear Energy on June 24, 2015. The State responded via email on June 29, 2015, stating that it had no comments on the proposed action. The NRC also consulted with the FWS. The FWS concurred with the NRC’s determination that the proposed action is not likely to adversely affect listed species or critical habitat. III. Finding of No Significant Impact The NRC staff has determined that the proposed action, the review and approval of the DFP, submitted in accordance with 10 CFR 72.30(b), will not authorize or result in changes to licensed operations or maintenance activities, or changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of any solid waste. Moreover, the approval of the DFP will not authorize any construction activity, facility modification, or any other landdisturbing activity. The NRC staff has concluded that the proposed action is a procedural and administrative action and as such, that the proposed action will not have a significant effect on the quality of the human environment. Therefore, the NRC staff has determined not to prepare an EIS for the proposed action but will issue this FONSI. In accordance with 10 CFR 51.32(a)(4), the FONSI incorporates the EA by reference. IV. Availability of Documents Date Document ADAMS Accession No. December 13, 2012 ................................... February 1, 2009 ....................................... January 20, 2016 ...................................... Submission of PGE’s decommissioning funding plan ................................................ Environmental Assessment for Final Rule—Decommissioning Planning ................... NRC staff’s EA for the approval of the decommissioning funding plan ..................... ML12355A286 ML090500648 ML16029A242 VerDate Sep<11>2014 17:51 Feb 05, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices The following documents, related to this document, can be found using any of the methods provided in the following table. Instructions for accessing ADAMS were provided under the ADDRESSES section of this document. Dated at Rockville, Maryland, this 1st day of February, 2016. For the Nuclear Regulatory Commission. Steve Ruffin, Acting Branch Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2016–02381 Filed 2–5–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on the Medical Uses of Isotopes: Meeting Notice U.S. Nuclear Regulatory Commission. ACTION: Notice of meeting. AGENCY: The U.S. Nuclear Regulatory Commission will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on March 10, 2016, to discuss the draft report of the ACMUI Training and Experience for Authorized Users of Alpha, Beta and Gamma Emitters (Title 10 of the Code of Federal Regulations (10 CFR) Section 35.390) Subcommittee. This report will include the subcommittee’s recommendation for the total number of training and experience hours for authorized users for 35.390 that is necessary for safety. Meeting information, including a copy of the agenda and handouts, will be available at http://www.nrc.gov/readingrm/doc-collections/acmui/meetings/ 2016.html. The agenda and handouts may also be obtained by contacting Ms. Sophie Holiday using the information below. DATES: The teleconference meeting will be held on Thursday, March 10, 2016, 1:30 p.m. to 3:30 p.m. Eastern Time. Public Participation: Any member of the public who wishes to participate in the teleconference should contact Ms. Holiday using the contact information below. Contact Information: Sophie Holiday, email: sophie.holiday@nrc.gov, telephone: (301) 415–7865. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: Conduct of the Meeting Dr. Philip Alderson, ACMUI Chairman, will preside over the meeting. Dr. Alderson will conduct the meeting in a manner that will facilitate the orderly conduct of business. The VerDate Sep<11>2014 17:51 Feb 05, 2016 Jkt 238001 following procedures apply to public participation in the meeting: 1. Persons who wish to provide a written statement should submit an electronic copy to Ms. Holiday at the contact information listed above. All submittals must be received by March 07, 2016, three business days prior to the meeting, and must pertain to the topic on the agenda for the meeting. 2. Questions and comments from members of the public will be permitted during the meetings, at the discretion of the Chairman. 3. The draft transcript and meeting summary will be available on ACMUI’s Web site http://www.nrc.gov/readingrm/doc-collections/acmui/meetings/ 2016.html on or about April 21, 2016. This meeting will be held in accordance with the Atomic Energy Act of 1954, as amended (primarily Section 161a); the Federal Advisory Committee Act (5 U.S.C. App); and the Commission’s regulations in 10 CFR part 7. Dated at Rockville, Maryland, this 2nd day of February 2016. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. 2016–02382 Filed 2–5–16; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 20549–0213. Extension: Form F–8. SEC File No. 270–332, OMB Control No. 3235–0378. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Form F–8 (17 CFR 239.38) may be used to register securities of certain Canadian issuers under the Securities Act of 1933 (15 U.S.C. 77a et seq.) that will be used in an exchange offer or business combination. The information collected is intended to ensure that the information required to be filed by the Commission permits verification of PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 6551 compliance with securities law requirements and assures the public availability of such information. We estimate that Form F–8 takes approximately one hour per response to prepare and is filed by approximately 5 respondents. We estimate that 25% of one hour per response (15 minutes) is prepared by the company for a total annual reporting burden of one hour (15 minutes/60 minutes per response × 5 responses = 1.25 hours rounded to the nearest whole number one hour). Written comments are invited on: (a) whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number. Please direct your written comment to Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington, DC 20549 or send an email to: PRA_ Mailbox@sec.gov. Dated: February 2, 2016. Robert W. Errett, Deputy Secretary. [FR Doc. 2016–02339 Filed 2–5–16; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 20549–2736. Extension: Rule 15b1–1/Form BD; SEC File No. 270–19, OMB Control No. 3235–0012. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6549-6551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02381]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-17; NRC-2016-0021]


Portland General Electric Company; Trojan Independent Spent Fuel 
Storage Installation in Columbia County, Oregon

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
environmental assessment (EA) and a finding of no significant impact 
(FONSI) for its review and approval of the decommissioning funding plan 
submitted by Portland General Electric Company (PGE), on December 13, 
2012, for the Trojan independent spent fuel storage installation 
(ISFSI).

ADDRESSES: Please refer to Docket ID NRC-2016-0021 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 http://www.regulations.gov and search for Docket ID NRC-2016-0021. 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 http://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 document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced. In 
addition, for the convenience of the reader, the ADAMS accession 
numbers are provided in a table in the, ``Availability of Documents'' 
section of this document.
     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: Jose Cuadrado, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0606, email: 
Jose.Cuadrado@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering the approval of the decommissioning funding 
plan (DFP) for the Trojan ISFSI. Portland General Electric Company 
(PGE), submitted its DFP for NRC's review and approval by letter dated 
December 13, 2012 (ADAMS Accession No. ML12355A286). The NRC staff has 
prepared an EA (ADAMS Accession No. ML16029A242) in support of its 
review of PGE's DFP, in accordance with the NRC's regulations in part 
51 of title 10 of the Code of Federal Regulations (10 CFR), 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions,'' which implement the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). 
Based on the EA, the NRC staff has determined that approval of the DFP 
for the Trojan ISFSI will not significantly affect the quality of the 
human environment, and, accordingly, the staff has concluded that a 
FONSI is appropriate. The NRC staff further finds that preparation of 
an environmental impact statement (EIS) is not warranted.

II. Environmental Assessment Summary

Background

    The Trojan ISFSI is located on the Trojan Nuclear Plant site, in 
Columbia County, Oregon, approximately 42 miles north of the city of 
Portland, Oregon. Portland General Electric Company (PGE) is authorized 
by the NRC, under License No. SNM-2509, to store spent nuclear fuel at 
the Trojan ISFSI.
    The NRC requires its licensees to plan for the eventual 
decommissioning of their licensed facilities prior to license 
termination. On June 17, 2011; 76 FR 35512, the NRC published a final 
rule in the Federal Register amending its decommissioning planning 
regulations. The final rule amended the NRC's regulation in 10 CFR 
72.30, which concerns financial assurance and decommissioning for 
ISFSIs. This regulation now requires each holder of, or applicant for, 
a license under 10 CFR part 72 to submit, for NRC's review and 
approval, a DFP. The purpose of the DFP is to demonstrate the 
licensee's financial assurance, i.e., that funds will be available to 
decommission the ISFSI. The NRC staff is reviewing the DFP submitted by 
PGE on December 13, 2012. Specifically, the NRC must determine whether 
PGE's DFP contains the information required by 10 CFR 72.30(b) and 
whether PGE has provided reasonable assurance that funds will be 
available to decommission the ISFSI.

Proposed Action

    The proposed federal action is the NRC's review and approval of 
PGE's DFP submitted in accordance with 10 CFR 72.30(b). In order to 
approve the DFP, the NRC will evaluate (i) whether the decommissioning 
cost estimate (DCE) adequately estimates the cost to conduct the 
required ISFSI decommissioning activities prior to license termination, 
including identification of the volume of onsite subsurface material 
containing residual radioactivity that will require remediation to meet 
the license termination criteria in 10 CFR 20.1402 or 10 CFR 20.1403, 
and (ii) whether the aggregate dollar amount of PGE's financial 
instruments provide adequate

[[Page 6550]]

financial assurance to cover the DCE and that the financial instruments 
meet the criteria of 10 CFR 72.30(e).
    The proposed action does not require any changes to the ISFSI's 
licensed routine operations, maintenance activities, or monitoring 
programs, nor does it require any new construction or land disturbing 
activities. The scope of the proposed action concerns only the NRC's 
review and approval of the PGE's DFP. The scope of the proposed action 
does not include, and will not result in, the review and approval of 
any decontamination or decommissioning activity or license termination 
for the ISFSI.

Purpose and Need for the Proposed Action

    The proposed action provides a means for PGE to demonstrate that it 
will have sufficient funding to cover the costs of decommissioning the 
ISFSI, including the reduction of the residual radioactivity at the 
ISFSI to the level specified by the applicable NRC's license 
termination regulations concerning release of the property (10 CFR 
20.1402 or 10 CFR 20.1403).

Environmental Impacts of the Proposed Action

    The NRC's approval of the DFP will not change the scope or nature 
of the operation of the ISFSI and will not authorize any changes to 
licensed operations or maintenance activities. The NRC's approval of 
the DFP will not result in any changes in the types, characteristics, 
or quantities of radiological or non-radiological effluents released 
into the environment from the ISFSI, or result in the creation of any 
solid waste. Moreover, the approval of the DFP will not authorize any 
construction activity or facility modification. Therefore, the NRC 
staff concludes that the approval of the DFP is a procedural and 
administrative action that will not result in any significant impact to 
the environment.
    Section 106 of the National Historic Preservation Act of 1966, as 
amended (NHPA), requires Federal agencies to consider the effects of 
their undertakings on historic properties. In accordance with the NHPA 
implementing regulations at 36 CFR part 800, ``Protection of Historic 
Properties,'' the NRC's approval of PGE's DFP constitutes a Federal 
undertaking. The NRC, however, has determined that the approval of the 
DFP is a type of undertaking that does not have the potential to cause 
effects on historic properties, assuming such historic properties were 
present, because the NRC's approval of PGE's DFP will not authorize or 
result in changes to licensed operations or maintenance activities, or 
changes in the types, characteristics, or quantities of radiological or 
non-radiological effluents released into the environment from the 
ISFSI, or result in the creation of any solid waste. Therefore, in 
accordance with 36 CFR 800.3(a)(1), no consultation is required under 
Section 106 of the NHPA.
    Under Section 7 of the Endangered Species Act of 1973, prior to 
taking a proposed action, a Federal agency must determine whether (i) 
endangered and threatened species or their critical habitats are known 
to be in the vicinity of the proposed action and if so, whether (ii) 
the proposed Federal action may affect listed species or critical 
habitats. If the proposed action may affect listed species or critical 
habitats, the federal agency is required to consult with the U.S. Fish 
and Wildlife Service (FWS) and/or the U.S. National Marine Fisheries 
Service. In accordance with 50 CFR 402.13, the NRC has engaged in 
informal consultation with the FWS. The NRC has determined that the 
proposed action is not likely to adversely affect listed species or 
their critical habitats because the NRC's approval of PGE's DFP will 
not authorize or result in changes to licensed operations or 
maintenance activities, or changes in the types, characteristics, or 
quantities of radiological or non-radiological effluents released into 
the environment from the ISFSI, or result in the creation of any solid 
waste. The FWS has concurred with the NRC's determination that the 
proposed action is not likely to adversely affect listed species or 
critical habitat.

Alternative to the Proposed Action

    In addition to the proposed action, the NRC evaluated the no-action 
alternative. The no-action alternative is to deny PGE's DFP. A denial 
of a DFP that meets the criteria of 10 CFR 72.30(b) does not support 
the regulatory intent of the 2011 rulemaking. As noted in the 
rulemaking EA (ADAMS Accession No. ML090500648), not promulgating the 
2011 final rule would have increased the likelihood of additional 
legacy sites. Thus, denying the licensee's DFP, which the NRC has found 
to meet the criteria of 10 CFR 72.30(b), will undermine the licensee's 
decommissioning planning. On this basis, the NRC has concluded that the 
no-action alternative is not a viable alternative.

Agencies and Persons Consulted

    The NRC staff consulted with other agencies and parties regarding 
the environmental impacts of the proposed action. The NRC provided a 
draft of its EA to the State of Oregon's Department of Nuclear Energy 
on June 24, 2015. The State responded via email on June 29, 2015, 
stating that it had no comments on the proposed action. The NRC also 
consulted with the FWS. The FWS concurred with the NRC's determination 
that the proposed action is not likely to adversely affect listed 
species or critical habitat.

III. Finding of No Significant Impact

    The NRC staff has determined that the proposed action, the review 
and approval of the DFP, submitted in accordance with 10 CFR 72.30(b), 
will not authorize or result in changes to licensed operations or 
maintenance activities, or changes in the types, characteristics, or 
quantities of radiological or non-radiological effluents released into 
the environment from the ISFSI, or result in the creation of any solid 
waste. Moreover, the approval of the DFP will not authorize any 
construction activity, facility modification, or any other land-
disturbing activity. The NRC staff has concluded that the proposed 
action is a procedural and administrative action and as such, that the 
proposed action will not have a significant effect on the quality of 
the human environment. Therefore, the NRC staff has determined not to 
prepare an EIS for the proposed action but will issue this FONSI. In 
accordance with 10 CFR 51.32(a)(4), the FONSI incorporates the EA by 
reference.

IV. Availability of Documents

------------------------------------------------------------------------
                                                       ADAMS  Accession
             Date                     Document                No.
------------------------------------------------------------------------
December 13, 2012............  Submission of PGE's    ML12355A286
                                decommissioning
                                funding plan.
February 1, 2009.............  Environmental          ML090500648
                                Assessment for Final
                                Rule--Decommissionin
                                g Planning.
January 20, 2016.............  NRC staff's EA for     ML16029A242
                                the approval of the
                                decommissioning
                                funding plan.
------------------------------------------------------------------------


[[Page 6551]]

    The following documents, related to this document, can be found 
using any of the methods provided in the following table. Instructions 
for accessing ADAMS were provided under the ADDRESSES section of this 
document.

    Dated at Rockville, Maryland, this 1st day of February, 2016.

    For the Nuclear Regulatory Commission.
Steve Ruffin,
Acting Branch Chief, Spent Fuel Licensing Branch, Division of Spent 
Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-02381 Filed 2-5-16; 8:45 am]
 BILLING CODE 7590-01-P