Duke Energy Carolinas, LLC; Oconee Nuclear Station, Units 1, 2, and 3, 2258-2264 [2019-01143]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2258-2264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01143]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-269, 50-270, and 50-287; NRC-2018-0199]


Duke Energy Carolinas, LLC; Oconee Nuclear Station, Units 1, 2, 
and 3

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of amendments to licenses held by Duke Energy Carolinas, LLC, 
(Duke Energy, the licensee) for the operation of Oconee Nuclear 
Station, Units 1, 2, and 3 (Oconee Nuclear Station). The proposed 
amendments would revise the Duke Energy Physical Security Plan for 
Oconee Nuclear Station to include additional protective measures during 
a specific infrequent short-term operating state, including a 
modification that provides additional access restriction. The NRC is 
issuing an environmental assessment (EA) and a final finding of no 
significant impact (FONSI) associated with the proposed license 
amendments.

DATES: The EA and final FONSI referenced in this document are available 
on February 6, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0199 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-2018-0199. Address 
questions about Docket IDs in Regulations.gov to Krupskaya Castellon; 
telephone: 301-287-9221; email: Krupskaya.Castellon@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 ``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 is available in ADAMS) is provided the first 
time that it is mentioned in this document. 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: Audrey Klett, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-0489; email: Audrey.Klett@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering the issuance of amendments to Duke Energy 
for Renewed Facility Operating License Nos. DPR-38, DPR-47, and DPR-55 
for the operation of Oconee Nuclear Station, Units 1, 2, and 3, 
respectively, located in Oconee County, South Carolina. Duke Energy 
submitted its License Amendment Request (LAR) No. 2018-01 by letter 
ONS-2018-014 dated February 12, 2018 (Duke Energy 2018a), as 
supplemented by letters RA-18-0112 dated August 8, 2018 (Duke Energy 
2018b), and RA-18-0139 dated August 23, 2018 (Duke Energy 2018c). The 
licensee applied for changes to the Duke Energy Physical Security Plan 
under the provisions of Title 10 of the Code of Federal Regulations (10 
CFR) Part 50, ``Domestic Licensing of Production and Utilization 
Facilities,'' Section 50.90, ``Application for amendment of license, 
construction permit, or early site permit.'' In accordance with section 
10 CFR 51.21, the NRC prepared the following EA that analyzes the 
environmental impacts of the proposed licensing action. Based on the 
results of this EA, and in accordance with 10 CFR 51.31(a), the NRC has 
determined not to prepare an environmental impact statement for the 
proposed licensing action and is issuing a final FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would revise the Duke Energy Physical Security 
Plan for Oconee Nuclear Station to include additional protective 
measures during a specific infrequent short-term operating state, 
including a modification that provides additional access restriction. 
In its application, the licensee stated that it is voluntarily 
proposing these changes to further increase the margin of protection 
for certain associated components and equipment during certain modes of 
operation of the Standby Shutdown Facility.
    Installation of the additional protective measure would likely 
include placing a floating barrier on the Keowee River. The barrier 
would consist of multiple segments connected by cabling and anchored by 
concrete abutments that are cast in place. Depending upon the final 
design, the concrete abutments would either sit on the ground, which 
would require minor clearing and grading prior to installation, or be 
buried in the ground, which would require excavation. Duke Energy would 
also need to clear and grade a limited area to build a temporary access 
road on the east side of the Keowee River. A temporary laydown area 
would be created near the access road to hold formwork, rebar, spoil, 
and other construction-related materials and equipment. (Duke Energy 
2018b)
    During construction, Duke Energy (2018b) would use a rubber tire 
crane that is less than 100 feet (ft) (30 meters (m)) tall when fully 
extended, one rubber tire front end loader, one excavator, two 10-yard 
dump trucks, and delivery vehicles (e.g. flatbed and concrete trucks) 
to complete all construction activities.
    Temporarily disturbed areas from all construction activities would 
be less than 0.5 acre (ac) (0.2 hectare (ha)). Permanently disturbed 
areas associated with the abutments would be less than 0.1 ac (0.04 
ha). Duke Energy would complete all construction activities within 
twelve weeks. Once construction is complete, the floating barrier would 
remain in the river, permanently attached to the abutments. (Duke 
Energy 2018b)

Need for the Proposed Action

    Duke Energy is applying for the license amendments in accordance 
with 10 CFR 50.90. These amendments would further increase the margin 
of protection for certain associated components and equipment during 
certain modes of operation of the Standby Shutdown Facility.

Plant Site and Environs

    Oconee Nuclear Station is located on 210 ha (510 ac) in a rural 
part of northwestern South Carolina. The site consists of rolling hills 
with several

[[Page 2259]]

intermittent streams flowing away from the center of the site in a 
radial pattern. Oconee Nuclear Station is within the drainage area of 
the Little and Keowee Rivers, which flow southerly into the Seneca 
River and subsequently discharge into the main drainage course of the 
Savannah River. Lake Keowee is immediately north and west of the site, 
and the Keowee River (a tributary coming from Lake Keowee) runs through 
the site. The Keowee Dam, located between the Keowee River and Lake 
Keowee, limits the hydrological and biological connection between these 
two waterbodies (NRC 1999).
    The project area includes an embanked portion of the Keowee River 
near the headwaters of the Keowee Dam. The entire project area has been 
previously disturbed and is currently covered by grasses and low shrubs 
on the east side of the river and rip-rap on the west side of the 
river. Fish likely to occur within this portion of the Keowee River 
include centrarchids, particularly redbreast sunfish, bluegill, and 
redear sunfish (FERC 2016). In addition, striped bass, a South Caroline 
State Conservation Species of Moderate Priority, inhabits the 
tailwaters of the Keowee Dam and, therefore, has the potential to occur 
near the project area. U.S. Fish and Wildlife Service's (FWS) National 
Wetlands Inventory indicates that freshwater emergent wetlands, lake 
wetlands, and riverine wetlands occur within the project area (FWS 
2018a). Federally protected species and migratory birds may occur 
within the vicinity of the proposed project site, although no federally 
protected species are known to occur within the proposed construction 
site (NRC 1999, Duke Energy 2018b).
    Within the vicinity of the project area, vegetated areas include 
patches of hardwood forests with common species such as northern red 
oak (Quercus rubra), American beech (Fagus grandifolia), and loblolly 
pine (Pinus taeda). Common grasses and shrubs include Japanese 
honeysuckle (Lonicera japonica), fescue (Festuca spp.), and broomsedge 
(Andropogon virginicus).

Environmental Impacts of the Proposed Action

Radiological Impacts
    The NRC staff is conducting a safety review to determine if the 
process changes to the licensee's physical security plan are 
acceptable. With regard to potential radiological environmental 
impacts, if the proposed changes are acceptable, the NRC staff has 
concluded that the proposed action would not increase the probability 
or consequences of radiological accidents. Additionally, the NRC staff 
has concluded that the proposed changes would have no direct 
radiological environmental impacts. There would be no change to the 
types or amounts of radioactive effluents that may be released and, 
therefore, no change in occupational or public radiation exposure from 
the proposed changes. Physical changes would be limited to the 
construction of the floating physical barrier in the proposed action. 
No modifications would be made to the reactor coolant system pressure 
boundary, nor would the proposed action make any other physical changes 
to the reactor facility design, material, or construction standards. 
Therefore, there are no significant radiological environmental impacts 
associated with the proposed action.
Land Use
    All construction activities would occur within an industrial area 
that is part of the owner controlled area of the Oconee Nuclear Station 
site (Duke Energy 2018b). In addition, the permanently added floating 
barrier and abutments would be within the owner controlled area of the 
Oconee Nuclear Station site. Therefore, no change to land use would be 
expected.
Visual Resources
    During construction activities, construction equipment and vehicles 
may be visible to the public from a nearby road (Walhalla Highway). The 
permanent floating barrier may be also be visible to the public from 
the nearby road, although it would not be as prominent as the 
construction equipment due to its low height. Due to the distance and 
trees within the surrounding area, the project area would not be in the 
viewshed of any residences.
    The viewshed within the project area includes a few trees and 
natural areas but is generally dominated by industrial buildings and 
highly modified landscapes, such as mowed lawns and concrete dams. 
Therefore, the addition of construction vehicles, construction 
equipment, and the floating barrier would not significantly affect 
visual resources given that the viewshed already contains human-
modified structures and is part of an industrial setting at the Oconee 
Nuclear Station site.
Air Quality
    Oconee Nuclear Station is located in Oconee County, which is 
designated unclassifiable/attainment for all criteria pollutants (40 
CFR 81.341). During construction, earth-moving equipment, non-road 
vehicles, and worker and delivery vehicles would be sources of air 
emissions. Earth moving activities, including excavation, clearing, and 
compacting, would generate fugitive dust on site. However, the limited 
duration and size of the construction site would limit the amount of 
dust generated. Operation of construction equipment would emit 
pollutants on site from the combustion of fuels in equipment. Based on 
the number of vehicles required and length of construction activities, 
Duke Energy (2018b) estimated that air emissions would not exceed 3.5 
tons of Nitrogen Oxides (NOX) or 0.75 tons Carbon Monoxide 
(CO) per month during construction. Given these relatively low emission 
levels and the temporary nature of the construction activities (twelve 
weeks or less), the proposed action would not significantly affect 40 
CFR 81.341.
Noise
    At the construction site, Duke Energy (2018b) estimated that noise 
levels from construction equipment would be less than 85 A-weighted 
decibels (dBA). Duke Energy (2018b) estimated that the noise level at 
the nearest sensitive noise receptor, which is a private residence 
located approximately 0.4 miles (mi) (0.6 kilometers (km)) northeast of 
the construction site, as a result of construction equipment would not 
exceed 38 dBA. This level is below the normal conversational level of 
50 dBA and, therefore, the impact is not expected to be significant.
Water Resources
    No direct impacts to surface or ground water would be expected 
because no in-water construction would occur. Runoff from construction 
areas could potentially affect downstream surface water quality if not 
properly managed. Duke Energy (2018b) would use various chemicals, such 
as oils, diesel fuel, fuel oil, gasoline, and hydraulic fluid, during 
installation of the floating barrier and abutments. To minimize the 
potential for chemical and contaminants to spill or runoff into nearby 
waterbodies, such as the Keowee River, Duke Energy would follow several 
best management practices and permit requirements. For example, Duke 
Energy (2018b) would follow its nuclear fleet procedures that govern 
the control of chemicals, such as labeling and storage procedures. In 
addition, Duke Energy (2018b) would develop a detailed erosion and 
sedimentation control plan in accordance with South Carolina Department 
of Health and

[[Page 2260]]

Environmental Control (SCDHEC) permitting requirements. This would 
include the appropriate erosion control methods to prevent silt and 
sediment from reaching waterbodies during construction. To prevent 
potential spills from traveling into the river, chemicals and oil-
filled equipment will be stored in temporary berms to contain any 
unintended spillage that may occur. Lastly, trained personnel will 
refuel equipment and worker vehicles within the site garage rather than 
at the project area to help ensure workers are trained to contain any 
unintended spills and to increase the distance between a potential 
spill and the river. Given the lack of direct impacts and mitigation 
measures and permit requirements to minimize runoff and erosion, the 
proposed action would not significantly impact water resources.
Terrestrial Resources
    Construction activities would be limited to a small area (less than 
0.5 ac (0.2 ha)) and would occur in a previously disturbed habitat that 
is currently covered by grasses and low shrubs on the east side of the 
river and rip-rap on the west side of the river (Duke Energy 2018b). 
Once construction is complete, abutments would remain on the ground 
adjacent to the river. This permanent disturbance would be limited to 
less than 0.1 ac (0.04 ha) and would remove common or weedy grasses and 
shrubs (Duke Energy 2018b). Directly affected vegetation would be 
limited to common or non-native species, which are abundant within the 
region and provide relatively low-quality habitat for birds and 
wildlife in comparison to forests and wetland habitats. Although 
wetlands and riparian zones along river banks can provide important 
habitat for certain species, wetlands and riparian zones within the 
project area have been highly modified from previous disturbances.
    Noise from construction activities could disturb birds and 
wildlife. This impact would be minor because wildlife and birds within 
the area would likely be tolerant of human activity given that the 
project area is located within an industrial site that has been in 
operation for decades. If noise or other activities disturb wildlife 
and birds, such individuals could move out of the immediate area and 
find adequate, similar habitat within the vicinity. Once construction 
activities are complete, birds and wildlife could return to the area.
    The closest upland forest, which provides high quality habitat for 
wildlife and birds, is approximately 0.5 mi (0.8 km) from the project 
site (NRC 1999, Duke Energy 2018b). Given the distance to this higher 
quality habitat, noise and other disturbances would be negligible.
    FWS's Environmental Conservation Online System (ECOS) Information 
for Planning and Conservation (IPaC) database indicated that the 
following three migratory bird species may occasionally occur within 
the project area (FWS 2018a):
     Bald eagle (Haliaeetus leucocephalus): may occur in fall;
     Eastern whip-poor-will (Antrostomus vociferous): may occur 
in spring; and
     Red-headed woodpecker (Melanerpes erythrocephalus): may 
occur in fall.
    These three species are protected under the Migratory Bird Treaty 
Act of 1918, as amended, which makes it illegal to take, possess, 
import, export, transport, sell, purchase, barter, or offer for sale, 
purchase, or barter, any migratory bird, or the parts, nests, or eggs 
of such a bird, except under the terms of a valid Federal permit. The 
bald eagle was previously listed as an endangered species under the 
Endangered Species Act, but delisted in 2007 due to an increase in 
population. The bald eagle continues to be protected under the Bald and 
Golden Eagle Protection Act of 1940, as amended.
    NRC (1999) reported that migratory birds, such as bald eagles and 
peregrine falcons (Falco peregrinus), occasionally forage or rest near 
the Oconee Nuclear Station site for limited portions of the year. These 
species are not known to nest or otherwise occur within the project 
area (NRC 1999). The highest density of bald eagles that occur near the 
Oconee Nuclear Station is several miles away at the Jocassee and Bad 
Creek Reservoirs (NRC 1999). The closest bald eagle nests are 
approximately 15 miles (24 km) south and 17 miles (28 km) north of the 
proposed site (SCDNR 2019). It is unlikely that bald eagles or other 
migratory birds commonly use the project area given the minimal amount 
of suitable habitat within the project area and because migratory birds 
have only been documented as occasionally or rarely inhabiting the 
areas surround the site. The short construction timeframe (twelve weeks 
or less) further reduces the likelihood that a migratory bird, which 
only occurs within the area for a limited amount of time, would occur 
within the project area during construction. As described above, 
impacts to migratory birds would be minimal given the distance from the 
project site to higher-quality habitat, which would reduce any noise or 
other activity that could cause a disturbance. In addition, Duke Energy 
(2018b) stated that no tree cutting would occur. Therefore, the 
proposed project would not result in any direct impacts to nesting 
habitat. Duke Energy (2018b) also stated that if construction methods 
changed and any tree cutting did occur, Duke Energy would follow its 
nuclear fleet procedures which require a natural resource evaluation be 
conducted prior to tree cutting. Duke Energy (2018b) would use this 
evaluation to determine whether it needed to conduct additional 
activities to comply with the Migratory Bird Treaty Act of 1918. During 
construction, bird collisions with construction equipment could result 
in increased mortality caused by the presence of tall structures, such 
as the rubber tire crane that is approximately 100 ft (30 m) tall when 
fully extended. Migratory songbirds would be most likely to collide 
with cranes or other equipment because of their propensity to migrate 
at night, their low flight altitudes, and their tendency to be trapped 
and disoriented by artificial light (Ogden 1996, NRC 2013). NRC (2013) 
reviewed bird collisions with plant structures at nuclear power plants 
and determined that collision rates were negligible sources of bird 
mortality with plants that have cooling towers 100 ft (30 m) in height. 
The construction equipment for this proposed action would be smaller in 
size and similar or smaller in height than an operating nuclear power 
plant; therefore, the impacts from bird collisions at the project site 
would be bounded by the conclusions the NRC staff reached in its review 
of bird collisions at operating nuclear power plants with cooling 
towers 100 ft (30 m) in height.
    Duke Energy is not aware of any terrestrial sensitive, rare, or 
State-listed species known to occur near the project area due to the 
lack of suitable habitat (Duke Energy 2013, 2014, and 2018b). See below 
for a discussion of federally-listed species that could occur near the 
project area.
    Based on the limited habitat that would be temporarily or 
permanently disturbed, the low-quality habitat in the project area, the 
lack of sensitive or rare species within the construction area, the 
distance to higher-quality habitats, and because any displacement of 
wildlife would be temporary, the NRC staff determined that the impacts 
on terrestrial resources would not be significant.
Aquatic Resources
    Construction activities are not expected to result in any direct 
impacts to aquatic resources, such as habitat

[[Page 2261]]

loss, because no in-water construction activities would occur. Runoff 
could degrade water quality and aquatic habitats within the Keowee 
River. However, the NRC staff expects these impacts to be minor based 
on the best management practices and permit requirements discussed 
above to minimize erosion and runoff of contaminants.
    Once construction is complete, the barrier would remain within the 
river and float on top of the water's surface. During periods of low 
flow, portions of the barrier may rest on each river bank. The floating 
barrier could interfere with the migration or foraging activities for 
aquatic species that could not travel past the barrier or that could 
get stuck within the barrier, especially during periods of low flow, 
where the barrier would rest on portions of river bank. Nonetheless, 
the barrier would be placed within an area of low-quality aquatic 
habitat that has been highly disturbed due to the operating dam, which 
limits the biological connection with Keowee Lake, and the artificially 
lined river bank. In addition, most fish would be able to travel below 
the floating barrier to avoid entrapment. In addition, nearly all of 
the fish within this portion of the river are common species (FERC 
2016), and any injury, mortality, or loss of prey or foraging habitat 
would not be significant for the population.
    The only rare, State, or federally listed species known to occur 
within the tailwaters of the Keowee Dam is the striped bass, which is a 
State Conservation Species of Moderate Priority. However, striped bass 
in the tailwaters of the Keowee Dam come from the stocked population 
downstream in Hartwell Lake and, therefore, are not naturally occurring 
nor self-sustained through natural reproduction (FERC 2016). Impacts 
would likely be minor to this species because fish would swim below the 
barrier to avoid entrapment. The project area does not provide 
important habitat for striped bass given the human-modified embankment 
and because known fish species in the project area do not appear to 
include preferred prey for the striped bass (e.g. clupeids) (FWS 1989).
    Based on the lack of in-water construction activities, the use of 
best management practices and permit requirements to minimize erosion 
and runoff, the low-quality aquatic habitat within the project area, 
and the ability of fish to swim below the floating barrier to avoid 
entrapment, impacts to aquatic resources would not be significant.
Special Status Species and Habitats
    Under section 7 of the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq.) (ESA), Federal agencies must consult with the 
FWS or the National Marine Fisheries Service, as appropriate, to ensure 
that actions the agency authorizes, funds, or carries out are not 
likely to jeopardize the continued existence of any listed species or 
result in the destruction or adverse modification of critical habitat.
Action Area
    The implementing regulations for section 7(a)(2) of the ESA define 
``action area'' as ``all areas to be affected directly or indirectly by 
the Federal action and not merely the immediate area involved in the 
action'' (50 CFR 402.02). The action area effectively bounds the 
analysis of ESA-protected species and habitats because only species 
that occur within the action area may be affected by the Federal 
action.
    For the purposes of this ESA analysis, the NRC staff considers the 
action area to include the project site and immediate surrounding 
areas, including the temporary construction access road and laydown 
area, the area where the abutments will be permanently placed, the 
portion of the Keowee River where the floating barrier would be placed, 
and the surrounding area where runoff drains and activities would be 
audible to wildlife. The NRC staff expects all direct and indirect 
effects of the proposed action to be contained within these areas.
Protected Species
    The NRC staff used FWS's ECOS IPaC database to determine species 
that may be present in the action area. The ECOS IPaC tool identified 7 
listed species with the potential to occur in the action area (FWS 
2018b) (see Table 1). No federally listed fish or mussels or any 
candidate species, proposed species, or designated critical habitat 
occurs within the project area (FERC 2016, FWS 2018b).

 Table 1--Federally Listed Species With Potential To Occur in the Action
                                  Area
------------------------------------------------------------------------
             Species                    Common name         Status \a\
------------------------------------------------------------------------
Mammals:
  Myotis septentrionalis.........  northern long-eared   T
                                    bat.
Reptiles:
  Clemmys muhlenbergii...........  bog turtle..........  SAT
Plants:
  Echinacea laevigata............  smooth coneflower...  E
  Hexastylis naniflora...........  dwarf-flowered        T
                                    heartleaf.
  Isotria medeoloides............  small whorled         T
                                    pogonia.
  Sarracenia rubra ssp. jonesii..  mountain sweet        E
                                    pitcher-plant.
  Trillium persistens............  persistent trillium.  E
------------------------------------------------------------------------
\a\ SAT = Federally listed due to similarity of appearance to another
  listed species, E = Federally listed as endangered, T = Federally
  listed as threatened at 50 CFR 17, ``Endangered and threatened
  wildlife and plants,'' under the provisions of the Endangered Species
  Act.
Source: FWS 2018b.

Northern Long-Eared Bat
    The northern long-eared bat (Myotis septentrionalis) is listed as 
federally threatened (80 FR 17974, dated 04/02/15). Duke Energy (2018b) 
is not aware of any northern long-eared bats within the action area. 
During 2012 and 2013, Duke Energy conducted bat surveys for the Keowee-
Toxaway relicensing project and did not observe any bats at or near 
Keowee Dam, along the Lake Keowee shoreline, nor within the associated 
islands during the ANABAT and SONOBAT acoustic surveys (Duke Energy 
2015, FERC 2016). In 2015, Duke Energy (2015) conducted summer habitat 
surveys for the northern long-eared bat in another portion of the 
Oconee Nuclear Station site but did not find any evidence of suitable 
summer maternity habitat. However, Duke Energy (2015) concluded that 
potential habitat could occur on site. Therefore, the NRC staff 
determined that limited potential roosting habitat for the northern 
long-eared bat could occur within the vicinity of the action area, 
including forested areas on the perimeter of the Oconee Nuclear Station 
site. However, the distance from the action area to potential roosting 
habitat indicates that construction activities would barely be audible 
to bats and would not disturb them. No direct impacts to roosting 
habitat would be expected because Duke Energy would not cut any trees 
during construction according to the current construction plan (Duke 
2018b).
    The action area does not contain important foraging habitat, which 
FWS defines as areas within a mature forest understory 1 to 3 m (3 to 
10 ft) above the ground but below the canopy (80 FR 17974). Northern 
long-eared bats may occasionally forage over small forest clearings, in 
water, and along roads, which do occur within the project area. 
However, northern long-eared bats forage at night, with peak activity 
period within 5 hours after sunset followed by a secondary peak within 
8 hours after

[[Page 2262]]

sunset (80 FR 17974). Construction activities would not occur at night 
and, therefore, the proposed action would not affect bat foraging if it 
were to occur on or near the action area.
    Based on the distance to potential roosting habitat, the lack of 
tree cutting, the lack of preferred foraging habitat, and because 
construction activities would not occur when bats forage at night, the 
NRC staff determined that the proposed action would have no effect on 
the northern long-eared bat.
Bog Turtle
    The bog turtle (Clemmys muhlenbergii) is federally listed because 
of its similarity in appearance to the northern population of bog 
turtles (62 FR 59605, dated 11/04/97). A species that is listed due to 
similarity of appearance is not biologically endangered or threatened 
and is not subject to Section 7 consultation. Therefore, this species 
is not discussed further in this assessment.
Plants
    Five federally listed plants have the potential to occur within the 
action area (see Table 1). Duke Energy determined that suitable habitat 
for these five listed plants is confined to natural areas, or less 
disturbed high-quality habitat that occurs along the periphery of the 
Oconee Nuclear Station site (Duke Energy 2013, 2014, 2018b). The 
project area is 0.5 mi (0.8 ha) from the closest natural area that 
could contain suitable habitat for these species. The NRC staff also 
reviewed the habitat requirements for these species and determined that 
no suitable habitat occurs within the action area (NRC 1999, FWS 
2018b). Given that suitable habitat does not occur within the action 
area, the proposed action would have no effect on any Federally listed 
plant species.
ESA Effect Determination
    The NRC staff concludes that the proposed action would have no 
effect on Federally endangered, threatened, or candidate species. 
Federal agencies are not required to consult with the FWS if they 
determine that an action will not affect listed species or critical 
habitats (FWS 2013). Thus, the ESA does not require consultation for 
the proposed action, and the NRC considers its obligations under ESA 
Section 7 to be fulfilled for the proposed action.
Historic and Cultural Resources
    The area of potential effect of the proposed action consists of the 
0.5 ac (0.2 ha) where construction activities would occur. The area of 
potential effect consists of areas that have been previously disturbed. 
There are no National Register of Historic Places listed or eligible 
within the area of potential effect. Furthermore, Duke Energy is not 
aware of any cultural resources within the proposed construction area 
(Duke Energy 2018b). If the project resulted in an unexpected discovery 
of a cultural resource, Duke Energy would follow its nuclear fleet 
procedure for land disturbing activities, which requires work to halt 
upon the discovery of any archeological material (e.g., pottery, 
arrowheads, and bones). If Duke Energy identifies these items, the work 
is required to stop, and the workers performing the land disturbing 
activities are required to immediately notify the site Environmental 
Field Services group. Environmental personnel are then required to 
engage the appropriate State agencies to determine the appropriate 
actions to be taken prior to resuming work activities. (Duke Energy 
2018b)
    Given no known historic properties and cultural resources within 
the area of potential effect, Duke Energy's procedures for land 
disturbing activities and inadvertent discovery of a cultural resource, 
and that construction activities would occur within previously 
disturbed areas, there would be no significant impacts to historic or 
cultural resources at Oconee Nuclear Station.
Socioeconomic
    Potential socioeconomic impacts from the proposed construction 
activities include increased demand for short-term housing and public 
services and increased traffic due to the temporary increase in the 
size of the workforce during construction. However, Duke Energy could 
utilize existing resources including the onsite workforce or local 
contractors to conduct the proposed activities. Construction activities 
would be limited to twelve weeks or less, and once construction is 
completed, no additional workforce is anticipated. Therefore, 
socioeconomic impacts would not be significant.
Environmental Justice
    The environmental justice impact analysis evaluates the potential 
for disproportionately high and adverse human health and environmental 
effects on minority and low-income populations that could result from 
activities associated with the proposed action. Such effects may 
include human health, biological, cultural, economic, or social 
impacts. Minority and low-income populations are subsets of the general 
public residing in the vicinity of Oconee Nuclear Station, and all are 
exposed to the same health and environmental effects generated from the 
proposed action.
    According to the 2010 Census 6.1 percent of the population residing 
within a 5-mile radius of Oconee Nuclear Station identified themselves 
as minority (MCDCCAPS 2018). Additionally, according to the U.S. Census 
Bureau's 2012-2016 American Survey 5 Year Estimates, 1,187 individuals 
(11.5 percent) residing within 5-miles of Oconee Nuclear Station live 
below the Federal poverty threshold (MCDCCAPS 2018). The 2016 Federal 
poverty threshold was $24,563 for a family of four.
    Based on the analysis of human health and environmental impacts 
presented in this environmental assessment, the NRC did not identify 
high and adverse human health or environmental impacts. Therefore, the 
NRC concludes that the proposed action would not result in 
disproportionately high or adverse impacts on minority and low-income 
populations.
Alternatives to the Proposed Action
    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed license amendments (i.e., the ``no-action'' 
alternative). Denial of the application would result in no change in 
current environmental conditions or impacts. However, the no-action 
alternative would not accomplish the need for the proposed action.
Alternative Use of Resources
    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.
Agencies and Persons Consulted
    The NRC staff did not enter into consultation with any other 
Federal or State agency regarding the environmental impact of the 
proposed action. However, on October 10, 2018, the NRC notified the 
South Carolina State officials (Ms. Susan Jenkins, Mr. David Scaturo, 
and Mr. Crispulo Isiminger of the South Carolina Department of Health 
and Environmental Control) of the proposed amendments.

III. Final Finding of No Significant Impact

    The licensee has requested license amendments pursuant to 10 CFR 
50.90 to modify the Duke Energy Physical Security Plan for Oconee 
Nuclear Station to include additional protective measures during a 
specific infrequent short-term operating state, including a 
modification that provides additional access restriction. The NRC is

[[Page 2263]]

considering issuing the requested amendments. The proposed action would 
not significantly affect plant safety, would not have a significant 
adverse effect on the probability of an accident occurring, and would 
not have any significant radiological or nonradiological impacts. The 
environment would not be significantly affected because the proposed 
changes would only result in minor ground disturbing activities and 
occur within low-quality aquatic and terrestrial habitat, the increase 
in workforce would be small and temporary, and all impacts to the 
natural environmental would be minor and confined to the Oconee Nuclear 
Station site. In addition, no cultural resources occur within the 
project area, and the proposed action would have no effect on any 
federally-listed species. This final FONSI incorporates by reference 
the EA in Section II of this notice. Therefore, the NRC concludes that 
the proposed action will not have a significant effect on the quality 
of the human environment. Accordingly, the NRC has determined not to 
prepare an environmental impact statement for the proposed action.
    Previous considerations regarding the environmental impacts of 
operating Oconee in accordance with its renewed operating licenses are 
described in the following document: NUREG-1437, Supplement 2, 
``Generic Environmental Impact Statement for License Renewal of Nuclear 
Plants: Oconee Nuclear Station, Units 1, 2, and 3,'' Final Report, 
dated December 1999 (ADAMS Accession No. ML003670637).
    This final FONSI and other related environmental documents may be 
examined and/or copied for a fee at the NRC's PDR located at One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Publicly-
available records are also accessible online in the ADAMS Public 
Documents collection at https://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS should contact the NRC's PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by 
email to pdr.resource@nrc.gov.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                                 ADAMS Accession No.,
                  Document                     Federal Register Notice,
                                                    or URL address
------------------------------------------------------------------------
10 CFR Part 50. Code of Federal              10 CFR 50.
 Regulations, Title 10, Energy, Part 50,
 ``Domestic licensing of production and
 utilization facilities''.
10 CFR Part 51. Code of Federal              10 CFR 51.
 Regulations, Title 10, Energy, Part 51,
 ``Environmental protection regulations for
 domestic licensing and related regulatory
 functions''.
40 CFR 81. Code of Federal Regulations,      40 CFR 81.
 Title 40, Protection of Environment, Part
 81, ``Designation of Areas for Air Quality
 Planning Purposes''.
50 CFR 17.3. U.S. Fish and Wildlife          50 CFR 17.
 Service. 2006. ``Endangered and Threatened
 Wildlife and Plants; Definitions''.
50 CFR Part 402. Code of Federal             50 CFR 402.
 Regulations, Title 50, Wildlife and
 Fisheries, Part 402, ``Interagency
 Cooperation--Endangered Species Act of
 1973, as Amended''.
62 FR 59605. U.S. Fish and Wildlife          62 FR 59605.
 Service. Endangered and Threatened          11/04/97.
 Wildlife and Plants; Final Rule to List
 the Northern Population of the Bog Turtle
 as Threatened and the Southern Population
 as Threatened Due to Similarity of
 Appearance: 62 (213): 59605-59623.
 November 4, 1997.
80 FR 17974. U.S. Fish and Wildlife          80 FR 17974.
 Service. Endangered and Threatened          04/02/15.
 Wildlife and Plants; Threatened Species
 Status for the Northern Long-Eared Bat
 With 4(d) Rule: 80 (63): 17974-18033.
 April 2, 2015.
Duke Energy. 2013. Oconee Nuclear Station    ML18225A076.
 SWPPP Spoil Project Ecological Assessment   08/08/18.
 Summary Report. Prepared by: Duke Energy    (see Attachment 1).
 Environmental Services Water & Natural
 Resources, February 5, 2013 (Duke Energy
 2013).
Duke Energy. 2014. Oconee Nuclear Station    ML18225A076.
 Fukushima Flex Building Project Ecological  08/08/18.
 Assessment Summary Report. Prepared by:     (see Attachment 1).
 Duke Energy Environmental Services Water &
 Natural Resources, February 5, 2013 (Duke
 Energy 2014).
Duke Energy. 2015. Listed Species            ML18225A076.
 Assessment for the Duke Energy Oconee       08/08/18.
 Nuclear Station Independent Spent Fuel      (see Attachment 1).
 Storage Facility in Phase IX Expansion,
 Oconee County, South Carolina. Duke Energy
 Corporation, July 20, 2015 (Duke Energy
 2015).
Duke Energy. 2018. License Amendment         ML18046A080.
 Request for Approval of Changes to          02/12/18.
 Physical Security Plan, dated February 12,
 2018 (Duke Energy 2018a).
Duke Energy. 2018. Supplement to License     ML18225A076.
 Amendment Request for Approval of Changes   08/08/18.
 to Physical Security Plan, August 8, 2018
 (Duke Energy 2018b).
Duke Energy. 2018. Supplement 2 to License   ML18239A112.
 Amendment Request for Approval of Changes   08/23/18.
 to Physical Security Plan, dated August
 23, 2018, (Duke Energy 2018c).
Federal Energy Regulatory Commission. 2016.  https://www.ferc.gov/
 Final Environmental Assessment of            industries/hydropower/
 Hydropower License, Keowee-Toxaway           enviro/eis/2016/P-2503-154-
 Hydroelectric Project_FERC Project No.      EA.pdf.
 2503-154, South Carolina and North
 Carolina. March 2016 (FERC 2016).
Missouri Census Data Center Circular Area    https://mcdc.missouri.edu/
 Profiling System. 2018. Aggregate Census     applications/capsACS.html.
 Block Group Estimates in a 5-mile radius
 around Oconee Nuclear Station (34.794230
 Lat.; -82.898960 Long; <5 miles) (MCDCCAPS
 2018).
South Carolina Department of Natural         https://www.dnr.sc.gov/
 Resources. 2019. South Carolina's Bald       wildlife/baldeagle/
 Eagles-Nest Locations. Accessed on January   locations.html.
 29, 2019. (SCDNR 2019).
U.S. Fish and Wildlife Service. 1983-19.     ML072060572.
 Species profiles: life histories and        12/01/89.
 environmental requirements of coastal
 fishes and invertebrates. U.S. Fish Wildl.
 Serv. Riol. Rep. 82(11). U.S. Army Corps
 of Engineers TR EL-82-4 (FWS 1989).
U.S. Fish and Wildlife Service. Endangered   ML16120A505.
 Species Consultations Frequently Asked      07/15/13.
 Questions, dated July 15, 2013 (FWS 2013).
U.S. Fish and Wildlife Service. 2018. IPaC   ML18270A146.
 Resource List for the Oconee License        09/11/18.
 Amendment Request, September 11, 2018 (FWS
 2018a).

[[Page 2264]]

 
U.S. Fish and Wildlife Service. 2018.        ML18270A144.
 Letter from South Carolina Ecological       09/26/18.
 Services Field Office, FWS. Subject:
 Updated list of threatened and endangered
 species that may occur in your proposed
 project location, and/or may be affected
 by your proposed project, September 26,
 2018 (FWS 2018b).
U.S. Nuclear Regulatory Commission. 1999.    ML003670637.
 NUREG[dash]1437, Supplement 2, Generic      12/31/99.
 Environmental Impact Statement for License
 Renewal of Nuclear Plants: Oconee Nuclear
 Station, Units 1, 2, and 3. Final Report,
 December 1999 (NRC 1999)..
U.S. Nuclear Regulatory Commission. 2013.    ML13107A023 (Package).
 Generic Environmental Impact Statement For  06/30/13.
 License Renewal Of Nuclear Plants.
 Revision 1, Volume 1, 2, And 3.
 Washington, DC: NRC. NUREG-1437, June 19,
 2013 (NRC 2013).
Ogden LJ. 1996. Collision Course: The        https://
 Hazards of Lighted Structures and Windows    digitalcommons.unl.edu/
 to Migrating Birds. Fatal Light Awareness    flap/
 Program (FLAP). Paper 3, (Ogden 1996).       3?utm_source=digitalcommon
                                              s.unl.edu%2Fflap%2F3&utm.
------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 31st day of January, 2019.

    For the Nuclear Regulatory Commission.
Audrey Klett,
Project Manager, Plant Licensing Branch II-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-01143 Filed 2-5-19; 8:45 am]
BILLING CODE 7590-01-P