Luminant Generation Company, LLC; Comanche Peak Independent Spent Fuel Storage Installation, 23087-23089 [2019-10519]
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Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Notices
located at One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852. Publicly-available records are
also accessible electronically from the
ADAMS Public Electronic Reading
Room on the internet at the NRC’s
website: https://www.nrc.gov/readingrm/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.
Dated at Rockville, Maryland, this 16th day
of May 2019.
For the Nuclear Regulatory Commission.
Joel S. Wiebe,
Senior Project Manager, Plant Licensing
Branch III, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2019–10549 Filed 5–20–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
FOR FURTHER INFORMATION CONTACT:
[Docket Nos. 50–334, 50–346; NRC–2017–
0169]
FirstEnergy Nuclear Operating
Company; Beaver Valley Power
Station, Unit No. 1, Davis-Besse
Nuclear Power Station, Unit No. 1
Nuclear Regulatory
Commission.
ACTION: License amendment application;
withdrawal by applicant.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has granted the
request of FirstEnergy Nuclear
Operating Company, et al., dated May 8,
2019, to withdraw its application dated
May 18, 2017, as supplemented by letter
dated August 23, 2018, for proposed
amendments to Renewed Facility
Operating License No. DPR–66 for the
Beaver Valley Power Station, Unit No. 1
(BVPS–1), and to Renewed Facility
Operating License No. NPF–3 for the
Davis-Besse Nuclear Power Station, Unit
No. 1 (DBNPS). The proposed
amendments would have modified the
BVPS–1 and DBNPS Renewed Facility
Operating Licenses to reflect that
FirstEnergy Solutions Corp. is providing
the $400 million support agreement
instead of FirstEnergy Corp.
DATES: May 21, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2017–0169 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
jbell on DSK3GLQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
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Jkt 247001
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–2017–0169. Address
questions about NRC 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. 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.
Bhalchandra K. Vaidya, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3308, email:
Bhalchandra.Vaidya@nrc.gov.
• 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.
SUPPLEMENTARY INFORMATION: The NRC
has granted the request of FirstEnergy
Nuclear Operating Company (FENOC)
(the licensee) dated May 8, 2019
(ADAMS Accession No. ML19128A076),
to withdraw its May 18, 2017,
application, as supplemented by letter
dated August 23, 2018 (ADAMS
Accession Nos. ML17138A381 and
ML18235A194, respectively), for
proposed amendment to Renewed
Facility Operating License No. DPR–66
for the BVPS–1, and to Renewed
Facility Operating License No. NPF–3
for DBNPS. The proposed amendment
would have modified the BVPS–1 and
DBNPS Renewed Facility Operating
Licenses to reflect that FirstEnergy
Solutions Corp. is providing the $400
million support agreement instead of
FirstEnergy Corp.
FENOC’s May 18, 2017, request was
noticed in the Federal Register on
August 1, 2017 (82 FR 35840).
Dated at Rockville, Maryland, this 16th day
of May 2019.
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23087
For the Nuclear Regulatory Commission.
Bhalchandra K. Vaidya,
Project Manager, Plant Licensing Branch III,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2019–10545 Filed 5–20–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–74; NRC–2018–0259]
Luminant Generation Company, LLC;
Comanche Peak Independent Spent
Fuel Storage Installation
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 plans
submitted by Luminant Generation
Company, LLC (Luminant Power) on
March 28, 2013, and March 31, 2015, for
the independent spent fuel storage
installation (ISFSI) at Comanche Peak in
Glen Rose, Texas.
DATES: The EA and FONSI referenced in
this document are available on May 21,
2019.
ADDRESSES: Please refer to Docket ID
NRC–2018–0259 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–2018–0259. 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 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
SUMMARY:
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Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Notices
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:
Pamela Longmire, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–7465, email:
Pamela.Longmire@nrc.gov.
SUPPLEMENTARY INFORMATION:
each holder of, or applicant for, a
license under 10 CFR part 72 to submit,
for NRC 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 DFPs
submitted by Luminant Power on March
28, 2013, and March 31, 2015.
Specifically, the NRC must determine
whether Luminant Power’s DFPs
contain the information required by 10
CFR 72.30(b) and 72.30(c) and whether
Luminant Power has provided
reasonable assurance that funds will be
available to decommission the ISFSI.
I. Introduction
The NRC is considering the approval
of the decommissioning funding plans
(DFPs) for the Comanche Peak ISFSI.
Luminant Power submitted an initial
DFP and an updated DFP for NRC
review and approval by letters dated
March 28, 2013 (ADAMS Accession No.
ML13136A221), and March 31, 2015
(ADAMS Accession No. ML15103A281),
respectively. The NRC staff has
prepared a final EA (ADAMS Accession
No. ML19120A336) in support of its
review of Luminant Power’s DFPs, in
accordance with the NRC 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 DFPs
for the Comanche Peak 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.
Description of the Proposed Action
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II. Environmental Assessment
Background
The Comanche Peak ISFSI is located
in Glen Rose, Texas. Luminant Power is
authorized by the NRC, under License
No. SFGL–50 to store spent nuclear fuel
at the Comanche Peak ISFSI.
The NRC requires its licensees to plan
for the eventual decommissioning of
their licensed facilities prior to license
termination. On June 17, 2011, the NRC
published a final rule in the Federal
Register amending its decommissioning
planning regulations (76 FR 35512). The
final rule amended the NRC regulation,
10 CFR 72.30, which concerns financial
assurance and decommissioning for
ISFSIs. This regulation now requires
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The proposed action is the NRC’s
review and approval of Luminant
Power’s DFPs submitted in accordance
with 10 CFR 72.30(b) and 72.30(c). To
approve the DFPs, the NRC evaluates
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. The NRC also
evaluates whether the aggregate dollar
amount of Luminant Power financial
instruments provides adequate financial
assurance to cover the DCE and that the
financial instruments meet the criteria
of 10 CFR 72.30(e). Finally, the NRC
evaluates whether the effects of the
following events have been considered
in Luminant Power’s submittal: (1)
Spills of radioactive material producing
additional residual radioactivity in
onsite subsurface material; (2) facility
modifications; (3) changes in authorized
possession limits; and (4) actual
remediation costs that exceed the
previous cost estimate, consistent with
10 CFR 72.30(c).
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 Luminant
Power’s DFPs. 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 or any other
part of Comanche Peak.
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Need for the Proposed Action
The proposed action provides a
means for the NRC to confirm that
Luminant Power 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 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 DFPs 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 DFPs 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 DFPs will not authorize
any construction activity or facility
modification. Therefore, the NRC staff
concludes that the approval of
Luminant Power’s DFPs 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
(54 U.S.C. 30618) (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
Luminant Power’s DFPs constitutes a
Federal undertaking. The NRC,
however, has determined that the
approval of the DFPs 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 Luminant Power’s
DFPs 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 (16 U.S.C. 1531 et
seq.) (ESA), prior to taking a proposed
action, a Federal agency must determine
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Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Notices
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. The
NRC has determined that the proposed
action will have no effect on any listed
species or their critical habitats because
the NRC’s approval of Luminant
Power’s DFPs 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.
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
Luminant Power’s DFPs. A denial of a
DFP that meets the criteria of 10 CFR
72.30(b) or 72.30(c) does not support the
regulatory intent of the 2011
rulemaking. As noted in the EA for the
2011 rulemaking (ADAMS Accession
No. ML090500648), not promulgating
the 2011 final rule would have
increased the likelihood of additional
legacy sites. Thus, denying Luminant
Power’s DFPs, which the NRC has found
to meet the criteria of 10 CFR 72.30(b)
and 72.30(c), 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 Office of the Governor of the
State of Texas, Office of Budget and
Policy (State) by letter dated July 15,
2016 (ADAMS Accession No.
ML17139B989), and gave the State 30
days to respond. The State did not
respond. The NRC also consulted with
the Fish and Wildlife Service by letter
dated July 15, 2016 (ADAMS Accession
No. ML16197A054). However, the NRC
staff has determined that consultation
under ESA Section 7 is not required
because the proposed action is
administrative/procedural in nature and
will not affect listed species or critical
habitat (ADAMS Accession No.
ML17135A062).
III. Finding of No Significant Impact
The NRC staff has determined that the
proposed action, the review and
IV. Availability of Documents
The following documents, related to
this notice, 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.
Date
Document
ADAMS
Accession No.
March 28, 2013 .........................................
March 31, 2015 .........................................
February 1, 2009 .......................................
May 15, 2017 ............................................
July 15, 2016 .............................................
July 15, 2016 .............................................
Submission of Luminant Power decommissioning funding plan ................................
Submission of Luminant Power triennial decommissioning funding plan ...................
Environmental Assessment for Final Rule—Decommissioning Planning ...................
Note to File re Sct 7 Consultations for ISFSI DFPs ...................................................
Consultation Letter: ML16197A131–RLSO .................................................................
Letter to S. Jacobsen re: U.S. Nuclear Regulatory Commission Preliminary Determination of No Effects Regarding the Comanche Peak Nuclear Power Plant
Units 1 and 2 Independent Spent Fuel Storage Installation Decommissioning
Funding Plan.
NRC staff’s Final EA for the approval of the decommissioning funding plan ............
ML13136A221
ML15103A281
ML090500648
ML17135A062
ML17139B989
ML16197A054
April 26, 2019 ............................................
Dated at Rockville, Maryland, on May 15,
2019.
For the Nuclear Regulatory Commission.
John McKirgan,
Chief, Spent Fuel Licensing Branch, Division
of Spent Fuel Management, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2019–10519 Filed 5–20–19; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
President’s Commission on White
House Fellowships Advisory
Committee: Closed Meeting
President’s Commission on
White House Fellowships, Office of
Personnel Management.
AGENCY:
ACTION:
Notice of meeting.
The President’s Commission
on White House Fellowships (PCWHF)
was established by an Executive Order
in 1964. The PCWHF is an advisory
committee composed of Special
Government Employees appointed by
the President. The Advisory Committee
meets in June to interview potential
SUMMARY:
jbell on DSK3GLQ082PROD with NOTICES
approval of Luminant Power’s initial
and updated DFPs, submitted in
accordance with 10 CFR 72.30(b) and
72.30(c), 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 DFPs 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.
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ML19120A336
candidates for recommendation to
become a White House Fellow.
The meeting is closed.
Name of Committee: President’s
Commission on White House
Fellowships Selection Weekend.
Date: June 7–10, 2019.
Time: 8:00 a.m.–5:30 p.m.
Place: St. Regis Hotel, 16th and K
Street, Washington, DC 20006.
Agenda: The Commission will
interview 30 National Finalists for the
selection of the new class of White
House Fellows.
FOR FURTHER INFORMATION CONTACT:
Elizabeth D. Pinkerton, 712 Jackson
Place NW, Washington, DC 20503,
Phone: 202–395–4522.
E:\FR\FM\21MYN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Notices]
[Pages 23087-23089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10519]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-74; NRC-2018-0259]
Luminant Generation Company, LLC; Comanche Peak Independent Spent
Fuel Storage Installation
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
plans submitted by Luminant Generation Company, LLC (Luminant Power) on
March 28, 2013, and March 31, 2015, for the independent spent fuel
storage installation (ISFSI) at Comanche Peak in Glen Rose, Texas.
DATES: The EA and FONSI referenced in this document are available on
May 21, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0259 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-2018-0259. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. 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 [email protected]. For the convenience of the
[[Page 23088]]
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: Pamela Longmire, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7465, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering the approval of the decommissioning funding
plans (DFPs) for the Comanche Peak ISFSI. Luminant Power submitted an
initial DFP and an updated DFP for NRC review and approval by letters
dated March 28, 2013 (ADAMS Accession No. ML13136A221), and March 31,
2015 (ADAMS Accession No. ML15103A281), respectively. The NRC staff has
prepared a final EA (ADAMS Accession No. ML19120A336) in support of its
review of Luminant Power's DFPs, in accordance with the NRC 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 DFPs
for the Comanche Peak 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
Background
The Comanche Peak ISFSI is located in Glen Rose, Texas. Luminant
Power is authorized by the NRC, under License No. SFGL-50 to store
spent nuclear fuel at the Comanche Peak ISFSI.
The NRC requires its licensees to plan for the eventual
decommissioning of their licensed facilities prior to license
termination. On June 17, 2011, the NRC published a final rule in the
Federal Register amending its decommissioning planning regulations (76
FR 35512). The final rule amended the NRC regulation, 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 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 DFPs submitted by Luminant Power
on March 28, 2013, and March 31, 2015. Specifically, the NRC must
determine whether Luminant Power's DFPs contain the information
required by 10 CFR 72.30(b) and 72.30(c) and whether Luminant Power has
provided reasonable assurance that funds will be available to
decommission the ISFSI.
Description of the Proposed Action
The proposed action is the NRC's review and approval of Luminant
Power's DFPs submitted in accordance with 10 CFR 72.30(b) and 72.30(c).
To approve the DFPs, the NRC evaluates 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.
The NRC also evaluates whether the aggregate dollar amount of Luminant
Power financial instruments provides adequate financial assurance to
cover the DCE and that the financial instruments meet the criteria of
10 CFR 72.30(e). Finally, the NRC evaluates whether the effects of the
following events have been considered in Luminant Power's submittal:
(1) Spills of radioactive material producing additional residual
radioactivity in onsite subsurface material; (2) facility
modifications; (3) changes in authorized possession limits; and (4)
actual remediation costs that exceed the previous cost estimate,
consistent with 10 CFR 72.30(c).
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 Luminant Power's DFPs. 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 or any other part of Comanche Peak.
Need for the Proposed Action
The proposed action provides a means for the NRC to confirm that
Luminant Power 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
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 DFPs 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 DFPs 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 DFPs will not authorize any
construction activity or facility modification. Therefore, the NRC
staff concludes that the approval of Luminant Power's DFPs 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 (54 U.S.C. 30618) (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 Luminant Power's DFPs
constitutes a Federal undertaking. The NRC, however, has determined
that the approval of the DFPs 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
Luminant Power's DFPs 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 (16 U.S.C.
1531 et seq.) (ESA), prior to taking a proposed action, a Federal
agency must determine
[[Page 23089]]
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. The NRC has determined that the proposed action
will have no effect on any listed species or their critical habitats
because the NRC's approval of Luminant Power's DFPs 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.
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 Luminant Power's
DFPs. A denial of a DFP that meets the criteria of 10 CFR 72.30(b) or
72.30(c) does not support the regulatory intent of the 2011 rulemaking.
As noted in the EA for the 2011 rulemaking (ADAMS Accession No.
ML090500648), not promulgating the 2011 final rule would have increased
the likelihood of additional legacy sites. Thus, denying Luminant
Power's DFPs, which the NRC has found to meet the criteria of 10 CFR
72.30(b) and 72.30(c), 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 Office of the Governor of the State of Texas,
Office of Budget and Policy (State) by letter dated July 15, 2016
(ADAMS Accession No. ML17139B989), and gave the State 30 days to
respond. The State did not respond. The NRC also consulted with the
Fish and Wildlife Service by letter dated July 15, 2016 (ADAMS
Accession No. ML16197A054). However, the NRC staff has determined that
consultation under ESA Section 7 is not required because the proposed
action is administrative/procedural in nature and will not affect
listed species or critical habitat (ADAMS Accession No. ML17135A062).
III. Finding of No Significant Impact
The NRC staff has determined that the proposed action, the review
and approval of Luminant Power's initial and updated DFPs, submitted in
accordance with 10 CFR 72.30(b) and 72.30(c), 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 DFPs 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.
IV. Availability of Documents
The following documents, related to this notice, 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.
------------------------------------------------------------------------
ADAMS Accession
Date Document No.
------------------------------------------------------------------------
March 28, 2013............... Submission of ML13136A221
Luminant Power
decommissioning
funding plan.
March 31, 2015............... Submission of ML15103A281
Luminant Power
triennial
decommissioning
funding plan.
February 1, 2009............. Environmental ML090500648
Assessment for Final
Rule--Decommissionin
g Planning.
May 15, 2017................. Note to File re Sct 7 ML17135A062
Consultations for
ISFSI DFPs.
July 15, 2016................ Consultation Letter: ML17139B989
ML16197A131-RLSO.
July 15, 2016................ Letter to S. Jacobsen ML16197A054
re: U.S. Nuclear
Regulatory
Commission
Preliminary
Determination of No
Effects Regarding
the Comanche Peak
Nuclear Power Plant
Units 1 and 2
Independent Spent
Fuel Storage
Installation
Decommissioning
Funding Plan.
April 26, 2019............... NRC staff's Final EA ML19120A336
for the approval of
the decommissioning
funding plan.
------------------------------------------------------------------------
Dated at Rockville, Maryland, on May 15, 2019.
For the Nuclear Regulatory Commission.
John McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-10519 Filed 5-20-19; 8:45 am]
BILLING CODE 7590-01-P
