NorthStar Group Services, Inc. on Behalf of Entergy Nuclear Vermont Yankee, LLC; Vermont Yankee Nuclear Power Station, 50966-50969 [2018-21914]
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50966
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
Nuclear Fuel.’’ The public comment
period closed on September 24, 2018.
The NRC has decided to reopen the
public comment period on this
document until November 9, 2018, to
allow more time for members of the
public to submit their comments.
CONTACT PERSON FOR MORE INFORMATION:
Dated at Rockville, Maryland, on October
4, 2018.
For the Nuclear Regulatory Commission.
Aida E. Rivera-Varona,
Acting Deputy Director, Division of Spent Fuel
Management, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2018–21974 Filed 10–9–18; 8:45 am]
BILLING CODE 7590–01–P
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[NRC–2018–0001]
Sunshine Act Meetings
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PLACE: Commissioners’ Conference
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STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
Week of October 8, 2018
Thursday, October 11, 2018
9:00 a.m. Strategic Programmatic
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Dated at Rockville, Maryland, this 4th day
of October 2018.
For the Nuclear Regulatory Commission.
Glenn Ellmers,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2018–22066 Filed 10–5–18; 11:15 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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[Docket No. 50–271; NRC–2018–0226]
Thursday, October 25, 2018
9:00 a.m. Briefing on Digital
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This meeting will be webcast live at
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VerDate Sep<11>2014
For more information or to verify the
status of meetings, contact Denise
McGovern at 301–415–0681 or via email
at Denise.McGovern@nrc.gov. The
schedule for Commission meetings is
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The NRC Commission Meeting
Schedule can be found on the internet
at: https://www.nrc.gov/public-involve/
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The NRC provides reasonable
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NorthStar Group Services, Inc. on
Behalf of Entergy Nuclear Vermont
Yankee, LLC; Vermont Yankee Nuclear
Power Station
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact;
issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an exemption in response to
a May 25, 2018, request from NorthStar
Group Services, Inc. (NorthStar), on
behalf of Entergy Nuclear Vermont
Yankee, LLC (ENVY, to be known as
NorthStar Vermont Yankee, LLC or
SUMMARY:
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NorthStar VY). The exemption would
allow NorthStar VY to use up to $20
million in funds from the Vermont
Yankee Nuclear Power Station (VY)
nuclear decommissioning trust fund
(NDT), on a revolving basis, for
irradiated fuel management activities
should the request for the direct and
indirect transfer of the VY Facility
License No. DPR–28 to NorthStar VY be
approved by the NRC. The staff is
issuing a final Environmental
Assessment (EA) and final Finding of
No Significant Impact (FONSI)
associated with the proposed
exemption.
The EA and FONSI referenced in
this document is available on [October
10, 2018].
DATES:
Please refer to Docket ID
NRC–2018–0226 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–2018–0226. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual(s)
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
‘‘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. 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: 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.
ADDRESSES:
Jack
D. Parrott, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6634; email: Jack.Parrott@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
I. Introduction
The NRC is considering issuance of an
exemption from section 50.82(a)(8)(i)(A)
of title 10 of the Code of Federal
Regulations (10 CFR) for Facility
Operating License No. DPR–28,
currently issued to ENVY and Entergy
Nuclear Operations, Inc. (ENOI), for VY,
located in Windham County, Vermont.
The exemption was requested by
NorthStar, by letter dated May 25, 2018
(ADAMS Accession No. ML18150A315)
pursuant to 10 CFR 50.12.
By letter dated January 12, 2015
(ADAMS Accession No. ML15013A426),
ENOI informed the NRC that it had
permanently ceased power operations at
VY and that the VY reactor vessel had
been permanently defueled. By letter
dated February 9, 2017 (ADAMS
Accession No. ML17045A140), ENOI,
on behalf of itself and ENVY, and
NorthStar Nuclear Decommissioning
Company, LLC (NorthStar NDC)
requested that the NRC consent to the
proposed direct and indirect transfer of
control of VY Facility License No. DPR–
28, and the Vermont Yankee
Independent Spent Fuel Storage
Installation (ISFSI) general license. The
proposed license transfer would involve
the indirect transfer of control of
ENVY’s licenses to NorthStar
Decommissioning Holdings, LLC, and
its parent companies, NorthStar, LVI
Parent Corp. and NorthStar Group
Holdings, LLC.
The exemption would allow
NorthStar VY to use up to $20 million
of funds on a revolving basis such that
at any one time, up to $20 million of the
nuclear decommissioning trust fund
(NDT) could be used for irradiated fuel
management. This exemption would
only apply following NRC approval of
the license transfer application and
closing of the underlying transaction.
Consistent with 10 CFR 51.21 the
NRC has prepared this final EA to
document its environmental review for
the exemption request. Based on the
results of the EA, which is provided in
Section II below, and in accordance
with 10 CFR 51.31(a), the NRC has
determined it is not necessary to
prepare an environmental impact
statement and is therefore issuing this
final FONSI.
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II. Environmental Assessment
Description of the Proposed Action
The proposed action would exempt
NorthStar VY from the requirements set
forth in 10 CFR 50.82(a)(8)(i)(A)
restricting the use of decommissioning
trust funds. Specifically, the proposed
action would allow NorthStar VY to use
up to $20 million from the VY NDT, on
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a revolving basis, for irradiated fuel
management activities, not associated
with radiological decommissioning. The
proposed action is in accordance with
the application dated May 25, 2018.
Need for the Proposed Action
NorthStar stated an exemption is
needed should the license transfer
request be approved in order for
NorthStar VY to access up to $20
million of the NDT, in excess of those
funds needed for radiological
decommissioning, on a revolving basis,
to fund irradiated fuel management
activities, which are not associated with
radiological decommissioning.
As required by 10 CFR
50.82(a)(8)(i)(A), decommissioning trust
funds may be used by a licensee if the
withdrawals are for expenses for
legitimate decommissioning activities
consistent with the definition of
decommissioning in 10 CFR 50.2. This
definition addresses radiological
decommissioning and does not include
activities associated with irradiated fuel
management. Therefore, NorthStar VY
needs an exemption from 10 CFR
50.82(a)(8)(i)(A) to allow the use of
funds from the NDT for irradiated fuel
management activities.
NorthStar states that its cash flow
analysis in Enclosure 1 of the
application dated May 25, 2018,
demonstrates that the NDT contains
adequate funds to cover the estimated
costs of radiological decommissioning
and the additional funds for $20 million
in irradiated fuel management activities
that are covered by the exemption
request. The adequacy of funds in the
NDT to cover the costs of activities
associated with radiological
decommissioning and the additional
funds for $20 million in irradiated fuel
management activities through license
termination is supported by NorthStar’s
revised Post-Shutdown
Decommissioning Activity Report dated
April 6, 2017 (ADAMS Accession No.
ML17096A394). The applicant states
that application of the 10 CFR
50.82(a)(8)(i)(A) requirement restricting
use of the trust fund is not necessary to
ensure that adequate funds will be
available for the radiological
decommissioning of VY. Therefore, the
applicant states that an exemption is
needed to avoid unnecessary and undue
costs to cover irradiated fuel
management expenses from other
sources.
Environmental Impacts of the Proposed
Action
The proposed action involves an
exemption from the requirements
related to use of the NDT that are of a
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50967
financial nature and allow NorthStar VY
to pay for irradiated fuel management
activities with up to $20 million of the
NDT on a revolving basis. This
exemption does not authorize any
additional regulatory or land-disturbing
activities, but does allow NorthStar VY
to finance irradiated fuel management
activities, which support
decommissioning.
In granting the exemptions, the NRC
completed an evaluation and concluded
that there was reasonable assurance that
adequate funds are available in the NDT
to complete all activities associated with
decommissioning. There is no decrease
in safety associated with the use of the
NDT to fund activities associated with
irradiated fuel management.
The proposed licensee will be
required to maintain a comprehensive,
regulation-based decommissioning
funding oversight program to provide
reasonable assurance that sufficient
funding will be available for
radiological decommissioning should
the license transfer be approved. After
submitting its site-specific
Decommissioning Cost Estimate and
until the licensee has completed its final
radiation survey and demonstrated that
residual radioactivity has been reduced
to a level that permits termination of its
license, 10 CFR 50.82(a)(8)(v) requires a
licensee to annually submit a financial
assurance status report. The report must
include, among other things, amounts
spent on decommissioning, remaining
NDT balance, and estimated costs to
complete radiological decommissioning.
If the remaining balance, plus expected
earnings, together with any other
financial assurance method does not
cover the estimated costs to complete
the decommissioning, 10 CFR
50.82(a)(8)(vi) specifies that additional
financial assurance must be provided to
cover the cost of completion. These
annual reports provide a means for the
NRC to monitor the adequacy of
available funding.
Additionally, in accordance with the
VY Renewed Facility Operating License
(ADAMS Accession No. ML18156A181),
Condition 3.J.a.(iii), the
decommissioning trust agreement must
provide that no disbursements or
payments from the trust, other than for
ordinary administrative expenses, shall
be made by the trustee until the trustee
has first given thirty days prior written
notice to the NRC. Article IV, Section
4.05 of the Master Decommissioning
Trust Agreement (ADAMS Accession
No. ML15111A086), by and between
Entergy Nuclear Vermont Yankee, LLC,
and The Bank of New York Mellon as
Trustee, provides that no disbursements
or payments shall be made by the
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
Trustee, other than administrative
expenses, in accordance with Section
4.02 of the Master Trust Agreement,
until the Trustee has first given the NRC
30 days prior written notice of payment;
provided, however, that no
disbursement or payment from the Trust
shall be made if the Trustee receives
prior written notice of objection from
the Director of the Office of Nuclear
Reactor Regulation. License condition
3.J.a.(iii) would still be in effect upon
license transfer and NorthStar VY
would remain subject to the
disbursement notification condition in
the license.
The environmental impacts of
decommissioning have been generically
evaluated by the NRC and documented
in NUREG–0586, Supplement 1, NRC’s
Generic Environmental Impact
Statement on Decommissioning of
Nuclear Power Reactors (GEIS) (ADAMS
Accession Nos. ML023470304,
ML023470323, ML023500187,
ML023500211, and ML023500223).
NorthStar’s revised Post-Shutdown
Decommissioning Activity Report
(ADAMS Accession No. ML17096A394)
discusses that impacts from planned
decommissioning activities at VY are
less than and bounded by the impacts
considered in the GEIS and NUREG–
1496, NRC’s Generic Environmental
Impact Statement in Support of
Rulemaking on Radiological Criteria for
License Termination of NRC-Licensed
Nuclear Facilities (ADAMS Accession
Nos. ML042310492, ML042320379, and
ML042330385). Based on its review, the
NRC agrees with NorthStar’s conclusion
that VY decommissioning activities
were bounded by previous analyses.
The exemption does not authorize
NorthStar VY to perform new landdisturbing activities that could affect
land use, soils and geology, water
resources, ecological resources, or
historic and cultural resources. The
exemption does not authorize NorthStar
VY to conduct additional regulatory
activities, outside those already licensed
by the NRC; therefore, there are no
incremental effects to air quality, traffic
and transportation, socioeconomics,
environmental justice, or accidents. The
exemption only changes the source of
funds allowed for managing irradiated
fuel activities. The exemption will not
increase the probability or consequences
of accidents. As a result of the
exemption, there are no changes in the
types or amounts of effluents that are, or
may be, released offsite. NorthStar VY
must continue to comply with all
appropriate NRC regulations related to
occupational and public radiation
exposure and thus the exemptions will
not result in an increase to occupational
or public doses. Finally, NorthStar VY
is required to maintain adequate
funding for the radiological
decommissioning of VY and to provide
information regarding this funding to
the NRC. Accordingly, the NRC
concludes that there will be no potential
incremental environmental impacts as a
result of granting the exemption.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the NRC staff could have denied
NorthStar VY’s exemption request.
Denial of the exemption request would
have resulted in NorthStar VY using
funds from the trust only for
radiological decommissioning and not
also for irradiated fuel management
activities as described in the exemption
request. The environmental impacts of
this alternative would be substantively
the same as the environmental impacts
for granting the exemption request
because there are no potential
incremental environmental impacts as a
result of granting the exemption request.
Alternative Use of Resources
Since the environmental impacts of
the alternative would be substantively
the same as the environmental impacts
for granting the exemption request there
would be no difference in the use of
resources for the alternative.
Agencies or Persons Consulted
On October 3, 2018, the NRC notified
the State of Vermont of this EA and
FONSI. The NRC staff has determined
that the exemption would have no
impact on historic and cultural
resources or ecological resources and
therefore no consultations are necessary
under Section 7 of the Endangered
Species Act and Section 106 of the
National Historic Preservation Act,
respectively.
III. Finding of No Significant Impact
NorthStar proposed an exemption
from 10 CFR 50.82(a)(8)(i)(A) to allow
the proposed VY licensee (NorthStar
VY) to use $20 million from the NDT for
irradiated fuel management activities on
a revolving basis. The proposed action
would not have a significant effect on
the quality of the human environment
because it involves an exemption from
requirements that are of a financial
nature and that do not have an impact
on the environment. The exemption
only changes the source of funds
allowed for managing irradiated fuel
activities. The exemption does not
authorize NorthStar VY to conduct
additional regulatory activities, outside
those already licensed by the NRC;
therefore, there are no incremental
effects to air quality, traffic and
transportation, socioeconomics,
environmental justice, or accidents. As
a result of the exemption, there are no
changes in the types or amounts of
effluents that are, or may be, released
offsite. In addition, NorthStar VY must
continue to comply with all appropriate
NRC regulations related to occupational
and public radiation exposure, and thus,
the exemption will not result in an
increase to occupational or public
doses.
Consistent with 10 CFR 51.21, the
NRC conducted the environmental
assessment for the proposed action,
which concluded that there are no
environmental impacts as a result of the
exemption. This FONSI incorporates by
reference the EA included in Section II
of this document. Therefore, the NRC
concludes that the exemption does not,
and will not, have significant effects on
the quality of the human environment.
Accordingly, the NRC has decided not
to prepare an environmental impact
statement for the proposed action.
The related environmental documents
are NorthStar’s application dated May
25, 2018; NUREG–0586, Supplement 1,
NRC’s Generic Environmental Impact
Statement on Decommissioning of
Nuclear Power Reactors (GEIS);
NorthStar’s revised Post-Shutdown
Decommissioning Activity Report; and
NUREG–1496, NRC’s Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities. The finding
and other related environmental
documents are available for public
inspection as indicated above.
IV. Availability of Documents
Date
Title
ADAMS
accession no.
5/25/2018 ........
Vermont Yankee Nuclear Power Station—Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) ......................
ML18150A315
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Date
Title
ADAMS
accession no.
1/12/2015 ........
Vermont Yankee, Certifications of Permanent Cessation of Power Operations and Permanent Removal of
Fuel from the Reactor Vessel.
Vermont Yankee—Application for Order Consenting to Direct and Indirect Transfers of Control of Licenses
and Approving Conforming License Amendment and Notification of Amendment to Decommissioning Trust
Agreement.
ISFSI Only Tech Spec Amendment Package ........................................................................................................
Master Decommissioning Trust Agreement for Vermont Yankee Nuclear Power Station ....................................
NUREG–0586, Supplement 1, Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities Regarding the Decommissioning of Nuclear Power Reactors.
ML15013A426
2/9/2017 ..........
8/15/2018 ........
7/31/2002 ........
11/30/2002 ......
4/6/2017 ..........
7/31/1997 ........
Vermont Yankee Nuclear Power Station—Notification of Revised Post-Shutdown Decommissioning Activities
Report (Revised PSDAR).
NUREG–1496, Vols. 1–3, Generic Environmental Impact Statement in Support of Rulemaking on Radiological
Criteria for License Termination of NRC-Licensed Nuclear Facilities.
Dated at Rockville, Maryland, this 3rd day
of October 2018.
For the Nuclear Regulatory Commission.
Kimberly A. Conway,
Acting Chief, Reactor Decommissioning
Branch Division of Decommissioning,
Uranium Recovery, and Waste Programs,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2018–21914 Filed 10–9–18; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0161]
Information Collection: Submission for
the Office of Management and Budget
(OMB) Review; Comment Request
Nuclear Regulatory
Commission.
ACTION: Renewal of existing information
collection; request for comment.
AGENCY:
The NRC invites public
comment on the renewal of OMB
approval for an existing collection of
information. The information collection
is entitled, ‘‘10 CFR part 150
Exemptions and Continued Regulatory
Authority in Agreement States and in
Offshore Waters Under Section 274 of
the Atomic Energy Act of 1954.’’
DATES: Submit comments by December
10, 2018. 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 on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0161. Address
SUMMARY:
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50969
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ML17045A140
ML18156A181
ML15111A086
ML023470304
ML023470323
ML023500187
ML023500211
ML023500223
ML17096A394
ML042310492
ML042320379
ML042330385
questions about docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: David Cullison,
Office of the Chief Information Officer,
Mail Stop: T–2 F43, 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:
David Cullison, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: Infocollects.Resource@
nrc.gov.
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, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The supporting statement is
available in ADAMS under Accession
No. ML18177A397.
• 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.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting NRC’s Clearance
Officer, David Cullison, Office of the
Chief Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: Infocollects.Resource@
nrc.gov.
SUPPLEMENTARY INFORMATION:
Please include Docket ID NRC–2018–
0161 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information in
comment submissions 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,
and 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
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2018–
0161 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0161.
• 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/
PO 00000
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B. Submitting Comments
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Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50966-50969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21914]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271; NRC-2018-0226]
NorthStar Group Services, Inc. on Behalf of Entergy Nuclear
Vermont Yankee, LLC; Vermont Yankee Nuclear Power Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an exemption in response to a May 25, 2018, request from
NorthStar Group Services, Inc. (NorthStar), on behalf of Entergy
Nuclear Vermont Yankee, LLC (ENVY, to be known as NorthStar Vermont
Yankee, LLC or NorthStar VY). The exemption would allow NorthStar VY to
use up to $20 million in funds from the Vermont Yankee Nuclear Power
Station (VY) nuclear decommissioning trust fund (NDT), on a revolving
basis, for irradiated fuel management activities should the request for
the direct and indirect transfer of the VY Facility License No. DPR-28
to NorthStar VY be approved by the NRC. The staff is issuing a final
Environmental Assessment (EA) and final Finding of No Significant
Impact (FONSI) associated with the proposed exemption.
DATES: The EA and FONSI referenced in this document is available on
[October 10, 2018].
ADDRESSES: Please refer to Docket ID NRC-2018-0226 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-2018-0226. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual(s) 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, 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: 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: Jack D. Parrott, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6634; email:
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 50967]]
I. Introduction
The NRC is considering issuance of an exemption from section
50.82(a)(8)(i)(A) of title 10 of the Code of Federal Regulations (10
CFR) for Facility Operating License No. DPR-28, currently issued to
ENVY and Entergy Nuclear Operations, Inc. (ENOI), for VY, located in
Windham County, Vermont. The exemption was requested by NorthStar, by
letter dated May 25, 2018 (ADAMS Accession No. ML18150A315) pursuant to
10 CFR 50.12.
By letter dated January 12, 2015 (ADAMS Accession No. ML15013A426),
ENOI informed the NRC that it had permanently ceased power operations
at VY and that the VY reactor vessel had been permanently defueled. By
letter dated February 9, 2017 (ADAMS Accession No. ML17045A140), ENOI,
on behalf of itself and ENVY, and NorthStar Nuclear Decommissioning
Company, LLC (NorthStar NDC) requested that the NRC consent to the
proposed direct and indirect transfer of control of VY Facility License
No. DPR-28, and the Vermont Yankee Independent Spent Fuel Storage
Installation (ISFSI) general license. The proposed license transfer
would involve the indirect transfer of control of ENVY's licenses to
NorthStar Decommissioning Holdings, LLC, and its parent companies,
NorthStar, LVI Parent Corp. and NorthStar Group Holdings, LLC.
The exemption would allow NorthStar VY to use up to $20 million of
funds on a revolving basis such that at any one time, up to $20 million
of the nuclear decommissioning trust fund (NDT) could be used for
irradiated fuel management. This exemption would only apply following
NRC approval of the license transfer application and closing of the
underlying transaction.
Consistent with 10 CFR 51.21 the NRC has prepared this final EA to
document its environmental review for the exemption request. Based on
the results of the EA, which is provided in Section II below, and in
accordance with 10 CFR 51.31(a), the NRC has determined it is not
necessary to prepare an environmental impact statement and is therefore
issuing this final FONSI.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would exempt NorthStar VY from the requirements
set forth in 10 CFR 50.82(a)(8)(i)(A) restricting the use of
decommissioning trust funds. Specifically, the proposed action would
allow NorthStar VY to use up to $20 million from the VY NDT, on a
revolving basis, for irradiated fuel management activities, not
associated with radiological decommissioning. The proposed action is in
accordance with the application dated May 25, 2018.
Need for the Proposed Action
NorthStar stated an exemption is needed should the license transfer
request be approved in order for NorthStar VY to access up to $20
million of the NDT, in excess of those funds needed for radiological
decommissioning, on a revolving basis, to fund irradiated fuel
management activities, which are not associated with radiological
decommissioning.
As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust
funds may be used by a licensee if the withdrawals are for expenses for
legitimate decommissioning activities consistent with the definition of
decommissioning in 10 CFR 50.2. This definition addresses radiological
decommissioning and does not include activities associated with
irradiated fuel management. Therefore, NorthStar VY needs an exemption
from 10 CFR 50.82(a)(8)(i)(A) to allow the use of funds from the NDT
for irradiated fuel management activities.
NorthStar states that its cash flow analysis in Enclosure 1 of the
application dated May 25, 2018, demonstrates that the NDT contains
adequate funds to cover the estimated costs of radiological
decommissioning and the additional funds for $20 million in irradiated
fuel management activities that are covered by the exemption request.
The adequacy of funds in the NDT to cover the costs of activities
associated with radiological decommissioning and the additional funds
for $20 million in irradiated fuel management activities through
license termination is supported by NorthStar's revised Post-Shutdown
Decommissioning Activity Report dated April 6, 2017 (ADAMS Accession
No. ML17096A394). The applicant states that application of the 10 CFR
50.82(a)(8)(i)(A) requirement restricting use of the trust fund is not
necessary to ensure that adequate funds will be available for the
radiological decommissioning of VY. Therefore, the applicant states
that an exemption is needed to avoid unnecessary and undue costs to
cover irradiated fuel management expenses from other sources.
Environmental Impacts of the Proposed Action
The proposed action involves an exemption from the requirements
related to use of the NDT that are of a financial nature and allow
NorthStar VY to pay for irradiated fuel management activities with up
to $20 million of the NDT on a revolving basis. This exemption does not
authorize any additional regulatory or land-disturbing activities, but
does allow NorthStar VY to finance irradiated fuel management
activities, which support decommissioning.
In granting the exemptions, the NRC completed an evaluation and
concluded that there was reasonable assurance that adequate funds are
available in the NDT to complete all activities associated with
decommissioning. There is no decrease in safety associated with the use
of the NDT to fund activities associated with irradiated fuel
management.
The proposed licensee will be required to maintain a comprehensive,
regulation-based decommissioning funding oversight program to provide
reasonable assurance that sufficient funding will be available for
radiological decommissioning should the license transfer be approved.
After submitting its site-specific Decommissioning Cost Estimate and
until the licensee has completed its final radiation survey and
demonstrated that residual radioactivity has been reduced to a level
that permits termination of its license, 10 CFR 50.82(a)(8)(v) requires
a licensee to annually submit a financial assurance status report. The
report must include, among other things, amounts spent on
decommissioning, remaining NDT balance, and estimated costs to complete
radiological decommissioning. If the remaining balance, plus expected
earnings, together with any other financial assurance method does not
cover the estimated costs to complete the decommissioning, 10 CFR
50.82(a)(8)(vi) specifies that additional financial assurance must be
provided to cover the cost of completion. These annual reports provide
a means for the NRC to monitor the adequacy of available funding.
Additionally, in accordance with the VY Renewed Facility Operating
License (ADAMS Accession No. ML18156A181), Condition 3.J.a.(iii), the
decommissioning trust agreement must provide that no disbursements or
payments from the trust, other than for ordinary administrative
expenses, shall be made by the trustee until the trustee has first
given thirty days prior written notice to the NRC. Article IV, Section
4.05 of the Master Decommissioning Trust Agreement (ADAMS Accession No.
ML15111A086), by and between Entergy Nuclear Vermont Yankee, LLC, and
The Bank of New York Mellon as Trustee, provides that no disbursements
or payments shall be made by the
[[Page 50968]]
Trustee, other than administrative expenses, in accordance with Section
4.02 of the Master Trust Agreement, until the Trustee has first given
the NRC 30 days prior written notice of payment; provided, however,
that no disbursement or payment from the Trust shall be made if the
Trustee receives prior written notice of objection from the Director of
the Office of Nuclear Reactor Regulation. License condition 3.J.a.(iii)
would still be in effect upon license transfer and NorthStar VY would
remain subject to the disbursement notification condition in the
license.
The environmental impacts of decommissioning have been generically
evaluated by the NRC and documented in NUREG-0586, Supplement 1, NRC's
Generic Environmental Impact Statement on Decommissioning of Nuclear
Power Reactors (GEIS) (ADAMS Accession Nos. ML023470304, ML023470323,
ML023500187, ML023500211, and ML023500223). NorthStar's revised Post-
Shutdown Decommissioning Activity Report (ADAMS Accession No.
ML17096A394) discusses that impacts from planned decommissioning
activities at VY are less than and bounded by the impacts considered in
the GEIS and NUREG-1496, NRC's Generic Environmental Impact Statement
in Support of Rulemaking on Radiological Criteria for License
Termination of NRC-Licensed Nuclear Facilities (ADAMS Accession Nos.
ML042310492, ML042320379, and ML042330385). Based on its review, the
NRC agrees with NorthStar's conclusion that VY decommissioning
activities were bounded by previous analyses.
The exemption does not authorize NorthStar VY to perform new land-
disturbing activities that could affect land use, soils and geology,
water resources, ecological resources, or historic and cultural
resources. The exemption does not authorize NorthStar VY to conduct
additional regulatory activities, outside those already licensed by the
NRC; therefore, there are no incremental effects to air quality,
traffic and transportation, socioeconomics, environmental justice, or
accidents. The exemption only changes the source of funds allowed for
managing irradiated fuel activities. The exemption will not increase
the probability or consequences of accidents. As a result of the
exemption, there are no changes in the types or amounts of effluents
that are, or may be, released offsite. NorthStar VY must continue to
comply with all appropriate NRC regulations related to occupational and
public radiation exposure and thus the exemptions will not result in an
increase to occupational or public doses. Finally, NorthStar VY is
required to maintain adequate funding for the radiological
decommissioning of VY and to provide information regarding this funding
to the NRC. Accordingly, the NRC concludes that there will be no
potential incremental environmental impacts as a result of granting the
exemption.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff could have
denied NorthStar VY's exemption request. Denial of the exemption
request would have resulted in NorthStar VY using funds from the trust
only for radiological decommissioning and not also for irradiated fuel
management activities as described in the exemption request. The
environmental impacts of this alternative would be substantively the
same as the environmental impacts for granting the exemption request
because there are no potential incremental environmental impacts as a
result of granting the exemption request.
Alternative Use of Resources
Since the environmental impacts of the alternative would be
substantively the same as the environmental impacts for granting the
exemption request there would be no difference in the use of resources
for the alternative.
Agencies or Persons Consulted
On October 3, 2018, the NRC notified the State of Vermont of this
EA and FONSI. The NRC staff has determined that the exemption would
have no impact on historic and cultural resources or ecological
resources and therefore no consultations are necessary under Section 7
of the Endangered Species Act and Section 106 of the National Historic
Preservation Act, respectively.
III. Finding of No Significant Impact
NorthStar proposed an exemption from 10 CFR 50.82(a)(8)(i)(A) to
allow the proposed VY licensee (NorthStar VY) to use $20 million from
the NDT for irradiated fuel management activities on a revolving basis.
The proposed action would not have a significant effect on the quality
of the human environment because it involves an exemption from
requirements that are of a financial nature and that do not have an
impact on the environment. The exemption only changes the source of
funds allowed for managing irradiated fuel activities. The exemption
does not authorize NorthStar VY to conduct additional regulatory
activities, outside those already licensed by the NRC; therefore, there
are no incremental effects to air quality, traffic and transportation,
socioeconomics, environmental justice, or accidents. As a result of the
exemption, there are no changes in the types or amounts of effluents
that are, or may be, released offsite. In addition, NorthStar VY must
continue to comply with all appropriate NRC regulations related to
occupational and public radiation exposure, and thus, the exemption
will not result in an increase to occupational or public doses.
Consistent with 10 CFR 51.21, the NRC conducted the environmental
assessment for the proposed action, which concluded that there are no
environmental impacts as a result of the exemption. This FONSI
incorporates by reference the EA included in Section II of this
document. Therefore, the NRC concludes that the exemption does not, and
will not, have significant effects on the quality of the human
environment. Accordingly, the NRC has decided not to prepare an
environmental impact statement for the proposed action.
The related environmental documents are NorthStar's application
dated May 25, 2018; NUREG-0586, Supplement 1, NRC's Generic
Environmental Impact Statement on Decommissioning of Nuclear Power
Reactors (GEIS); NorthStar's revised Post-Shutdown Decommissioning
Activity Report; and NUREG-1496, NRC's Generic Environmental Impact
Statement in Support of Rulemaking on Radiological Criteria for License
Termination of NRC-Licensed Nuclear Facilities. The finding and other
related environmental documents are available for public inspection as
indicated above.
IV. Availability of Documents
------------------------------------------------------------------------
Date Title ADAMS accession no.
------------------------------------------------------------------------
5/25/2018............. Vermont Yankee Nuclear ML18150A315
Power Station--Request
for Exemption from 10
CFR 50.82(a)(8)(i)(A).
[[Page 50969]]
1/12/2015............. Vermont Yankee, ML15013A426
Certifications of
Permanent Cessation of
Power Operations and
Permanent Removal of
Fuel from the Reactor
Vessel.
2/9/2017.............. Vermont Yankee-- ML17045A140
Application for Order
Consenting to Direct
and Indirect Transfers
of Control of Licenses
and Approving
Conforming License
Amendment and
Notification of
Amendment to
Decommissioning Trust
Agreement.
8/15/2018............. ISFSI Only Tech Spec ML18156A181
Amendment Package.
7/31/2002............. Master Decommissioning ML15111A086
Trust Agreement for
Vermont Yankee Nuclear
Power Station.
11/30/2002............ NUREG-0586, Supplement ML023470304
1, Generic ML023470323
Environmental Impact ML023500187
Statement on ML023500211
Decommissioning of ML023500223
Nuclear Facilities
Regarding the
Decommissioning of
Nuclear Power Reactors.
4/6/2017.............. Vermont Yankee Nuclear ML17096A394
Power Station--
Notification of Revised
Post-Shutdown
Decommissioning
Activities Report
(Revised PSDAR).
7/31/1997............. NUREG-1496, Vols. 1-3, ML042310492
Generic Environmental ML042320379
Impact Statement in ML042330385
Support of Rulemaking
on Radiological
Criteria for License
Termination of NRC-
Licensed Nuclear
Facilities.
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 3rd day of October 2018.
For the Nuclear Regulatory Commission.
Kimberly A. Conway,
Acting Chief, Reactor Decommissioning Branch Division of
Decommissioning, Uranium Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2018-21914 Filed 10-9-18; 8:45 am]
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