Holtec Decommissioning International, LLC; Oyster Creek Nuclear Generating Station, 28357-28360 [2019-12799]
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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
design-basis accident shows that within
285 days after permanent cessation of
power operations, at least 10 hours
would be available between the time
that all cooling means are lost to the fuel
(at which time adiabatic heatup is
conservatively assumed to begin), until
the fuel cladding reaches a temperature
of 900 °C, which is the temperature
associated with rapid cladding
oxidation and the potential for a
significant radiological release. This
analysis conservatively does not include
the period of time from the initiating
event causing a loss of SFP water
inventory until all cooling means are
lost.
The NRC staff has verified Exelon’s
analyses and its calculations. The
analyses provide reasonable assurance
that in reissuing the requested
exemptions to Exelon, there is no
design-basis accident that will result in
an offsite radiological release exceeding
the EPA early phase PAGs at the
exclusion area boundary. In the highly
unlikely event of a beyond-design-basis
accident affecting the SFP that results in
a complete loss of heat removal via all
modes of heat transfer, there will be
over 10 hours available before an offsite
release might occur and, therefore, at
least 10 hours to initiate appropriate
mitigating actions to restore a means of
heat removal to the spent fuel. If a
radiological release were projected to
occur under this highly unlikely
scenario, a minimum of 10 hours is
considered sufficient time for offsite
authorities to implement protective
actions using a CEMP, or ‘‘all-hazards,’’
approach to protect the health and
safety of the public.
Exemptions from the offsite EP
requirements in 10 CFR part 50 have
previously been approved by the NRC
when the site-specific analyses show
that at least 10 hours is available
following a loss of SFP coolant
inventory accident with no air cooling
(or other methods of removing decay
heat) until cladding of the hottest fuel
assembly reaches the rapid oxidation
temperature. The NRC staff concluded
in its previously granted exemptions, as
it does with Exelon’s requested EP
exemptions, that if a minimum of 10
hours is available to initiate mitigative
actions consistent with plant conditions
or, if needed, for offsite authorities to
implement protective actions using a
CEMP approach, then formal offsite
radiological emergency preparedness
plans, required under 10 CFR part 50,
are not necessary at permanently
shutdown and defueled facilities.
Additionally, Oyster Creek committed
to maintaining SFP makeup strategies in
its letters to the NRC dated March 8 and
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19, 2018 (ADAMS Accession Nos.
ML18067A087 and ML18078A146,
respectively). The multiple strategies for
providing makeup to the SFP include:
Using existing plant systems for
inventory makeup; an internal strategy
that relies on the fire protection system
with redundant pumps (one dieseldriven and one electric motor-driven);
and onsite diesel fire truck that can take
suction from the Barnegat Bay. These
strategies will continue to be required as
condition 2.C.(8), ‘‘Mitigation Strategy
License Condition,’’ of renewed facility
operating license DPR–16 for Oyster
Creek. Considering the very low
probability of beyond-design-basis
accidents affecting the SFP, these
diverse strategies provide multiple
methods to obtain additional makeup or
spray to the SFP before the onset of any
postulated offsite radiological release.
For all of the reasons stated above, the
NRC staff finds that the licensee’s
requested exemptions, including the
modified effective date, meet the
underlying purpose of all of the
standards in 10 CFR 50.47(b), and
requirements in 10 CFR 50.47(c)(2) and
10 CFR part 50, Appendix E, and satisfy
the special circumstances provision in
10 CFR 50.12(a)(2)(ii) in view of the
greatly reduced risk of offsite
radiological consequences associated
with the permanently shutdown and
defueled state of the Oyster Creek
facility 285 days after permanent
cessation of power operations.
The NRC staff has concluded that the
exemptions being granted by this action
will maintain an acceptable level of
emergency preparedness at Oyster Creek
and, if needed, that there is reasonable
assurance that adequate offsite
protective measures can and will be
taken by State and local government
agencies using a CEMP, or ‘‘allhazards,’’ approach in the unlikely
event of a radiological emergency at
Oyster Creek. Because the underlying
purposes of the rules, as exempted,
would continue to be achieved, even
with the elimination of the requirements
under 10 CFR part 50 to maintain formal
offsite radiological emergency
preparedness plans and the reduction in
the scope of the onsite emergency
planning activities at Oyster Creek, the
special circumstances required by 10
CFR 50.12(a)(2)(ii) exist.
E. Environmental Considerations
In accordance with 10 CFR 51.31(a),
the Commission has determined that the
reissuing the EP exemptions with a
revised effective date will not have a
significant effect on the quality of the
human environment. The NRC staff
previously analyzed the October 16,
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28357
2018, EP exemptions in a Finding of No
Significant Impact and associated
Environmental Assessment published in
the Federal Register on August 13, 2018
(83 FR 40092). That evaluation remains
valid as to all aspects of the EP
exemptions other than the revised
effective date. The NRC staff analyzed
the environmental impacts of the
revised effective date in a separate
Finding of No Significant Impact and
associated Environmental Assessment
published in the Federal Register on
May 1, 2019 (84 FR 18586).
IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12, reissuing the specific EP
exemptions originally granted on
October 16, 2018, with the revised
effective date of 285 days after
permanent cessation of operations will
not present an undue risk to the public
health and safety and is consistent with
the common defense and security. Also,
special circumstances are present.
Therefore, the Commission hereby
reissues Exelon’s exemption from
certain EP requirements in 10 CFR
50.47(b), 10 CFR 50.47(c)(2), and 10 CFR
part 50, Appendix E, as discussed and
evaluated in detail in the NRC staff’s
safety evaluation associated with these
exemptions. Oyster Creek permanently
ceased power operations on September
17, 2018. Therefore, the revised effective
date of the reissued exemptions is June
29, 2019.
Dated at Rockville, Maryland, this 11th day
of June, 2019.
For the Nuclear Regulatory Commission.
/RA/
John R. Tappert,
Director, Division of Decommissioning,
Uranium Recovery and Waste Processing.
[FR Doc. 2019–12803 Filed 6–17–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–219; NRC–2018–0237]
Holtec Decommissioning International,
LLC; Oyster Creek Nuclear Generating
Station
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact;
issuance.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of exemptions in response to a
November 30, 2018, request from Holtec
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28358
Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
Decommissioning International, LLC
(HDI), for the Oyster Creek Nuclear
Generating Station (Oyster Creek). The
exemptions would permit HDI to use
funds from the Oyster Creek
decommissioning trust fund (DTF or the
Trust) for irradiated fuel management
activities and site restoration. The
exemptions would also allow HDI to use
withdrawals from the Trust for these
activities without prior notification to
the NRC. The NRC is issuing a final
Environmental Assessment (EA) and
final Finding of No Significant Impact
(FONSI) associated with the proposed
exemptions.
The EA and FONSI referenced in
this document are available on June 18,
2019.
ADDRESSES: Please refer to Docket ID
NRC–2018–0237 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–2018–0237. 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 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. 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:
Amy M. Snyder, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
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DATES:
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301–415–6822; email: Amy.Snyder@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of
exemptions from paragraphs
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of
title 10 of the Code of Federal
Regulations (10 CFR) for Renewed
Facility Operating License No. DPR–16,
issued to Exelon Generation Company,
LLC (Exelon) for the Oyster Creek
facility located in Ocean County, New
Jersey. On August 31, 2018, Exelon,
Oyster Creek Environmental Protection,
LLC (OCEP), and HDI submitted a
License Transfer Application (LTA)
requesting NRC approval to transfer the
Oyster Creek Renewed Facility
Operating License and the General
License for the Oyster Creek
Independent Spent Fuel Storage
Installation (ISFSI) to OCEP, as the
licensed owner, and to HDI, as the
licensed operator.
By letter dated November 30, 2018
(ADAMS Accession No. ML18334A215),
HDI requested exemptions from 10 CFR
50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv). The exemptions would
allow HDI to use funds from the Trust
for irradiated fuel management and site
restoration activities without prior
notice to the NRC, in the same manner
that funds from the Trust are used under
10 CFR 50.82(a)(8) for decommissioning
activities. These exemptions would only
apply following NRC approval of the
LTA and closing of the underlying
transaction.
In accordance with 10 CFR 51.21, the
NRC prepared the following EA that
analyzes the environmental impacts of
the proposed action. Based on the
results of this EA, which are provided
in Section II of this document, 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 partially
exempt HDI from meeting the
requirements set forth in 10 CFR
50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv). Specifically, the
proposed action would allow HDI to use
funds from the Trust for irradiated fuel
management and site restoration
activities not associated with
radiological decontamination and
would exempt HDI from meeting the
requirement for prior notification to the
NRC for these activities.
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The proposed action is in accordance
with HDI’s application dated November
30, 2018 (ADAMS Accession No.
ML18334A215).
Need for the Proposed Action
As required by 10 CFR
50.82(a)(8)(i)(A), decommissioning trust
funds may be used by HDI if the
withdrawals are for legitimate
decommissioning activity expenses,
consistent with the definition of
decommissioning in 10 CFR 50.2. This
definition addresses radiological
decontamination and does not include
activities associated with irradiated fuel
management or site restoration.
Similarly, the requirements of 10 CFR
50.75(h)(1)(iv) restrict the use of
decommissioning trust fund
disbursements (other than for ordinary
and incidental expenses) to
decommissioning expenses until final
decommissioning has been completed.
Therefore, partial exemptions from 10
CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv) are needed to allow HDI
to use funds from the Trust for
irradiated fuel management and site
restoration activities.
HDI stated that Table 1 of the
application dated November 30, 2018,
demonstrates that the DTF contains the
amount needed to cover the estimated
costs of radiological decommissioning,
as well as spent fuel management and
site restoration activities. The adequacy
of funds in the Trust to cover the costs
of activities associated with irradiated
fuel management, site restoration, and
radiological decontamination through
license termination is supported by the
revised Oyster Creek Post-Shutdown
Decommissioning Activities Report
submitted by HDI in a letter dated,
September 28, 2018 (ADAMS Accession
No. ML18275A116). HDI stated that it
needs access to the funds in the Trust
in excess of those needed for
radiological decontamination to support
irradiated fuel management and site
restoration activities not associated with
radiological decontamination.
The requirements of 10 CFR
50.75(h)(1)(iv) further provide that,
except for decommissioning
withdrawals being made under 10 CFR
50.82(a)(8) or for payments of ordinary
administrative costs and other
incidental expenses of the Trust, no
disbursement may be made from the
Trust until written notice of the
intention to make a disbursement has
been given to the NRC at least 30
working days in advance of the
intended disbursement. Therefore, an
exemption from 10 CFR 50.75(h)(1)(iv)
is needed to allow HDI to use funds
from the Trust for irradiated fuel
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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
management and site restoration
activities without prior NRC
notification.
In summary, by letter dated November
30, 2018, HDI requested exemptions to
allow Trust withdrawals, without prior
written notification to the NRC, for
irradiated fuel management and site
restoration activities.
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Environmental Impacts of the Proposed
Action
The NRC has completed its evaluation
of the environmental impacts of the
proposed action.
The proposed action involves
exemptions from requirements that are
of a financial or administrative nature
and that do not have an impact on the
environment. The NRC has completed
its evaluation of the proposed action
and concludes that there is reasonable
assurance that adequate funds are
available in the Trust to complete all
activities associated with
decommissioning and irradiated fuel
management and site restoration. There
is no decrease in safety associated with
the use of the Trust to fund activities
associated with irradiated fuel
management and site restoration.
Paragraph 50.82(a)(8)(v) of 10 CFR
requires a licensee to submit a financial
assurance status report annually
between the time of submitting its
decommissioning cost estimate and
submitting its final radiation survey and
demonstrating that residual
radioactivity has been reduced to a level
that permits termination of its license.
Paragraph 50.82(a)(8)(vi) of 10 CFR
requires that if the remaining balance,
plus expected rate of return, plus any
other financial surety mechanism does
not cover the estimated costs to
complete the decommissioning,
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. Since
the exemptions would allow HDI to use
funds from the Trust that are in excess
of those required for radiological
decontamination of the site and the
adequacy of funds dedicated for
radiological decontamination are not
affected by the proposed exemptions,
there is reasonable assurance that there
will be no environmental impact due to
lack of adequate funding for
decommissioning.
The proposed action will not
significantly increase the probability or
consequences of radiological accidents.
Additionally, the NRC has concluded
that the proposed changes have no
direct radiological impacts. There
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would be no change to the types or
amounts of radiological effluents that
may be released, therefore, no change in
occupational or public radiation
exposure from the proposed changes.
There are no materials or chemicals
introduced into the plant that could
affect the characteristics or types of
effluents released offsite. In addition,
the method of operation of waste
processing systems will not be affected
by the exemption. The proposed
exemption will not result in changes to
the design basis requirements of
structures, systems, and components
(SSCs) that function to limit or monitor
the release of effluents. All the SSCs
associated with limiting the release of
effluents will continue to be able to
perform their functions. Moreover, no
changes would be made to plant
buildings or the site property from the
proposed changes. Therefore, there are
no significant radiological
environmental impacts associated with
the proposed action.
With regard to potential
nonradiological impacts, the proposed
changes would have no direct impacts
on land use or water resources,
including terrestrial and aquatic biota,
as they involve no new construction or
modification of plant operational
systems. There would be no changes to
the quality or quantity of
nonradiological effluents and no
changes to the plant’s National Pollutant
Discharge Elimination System permits
would be needed. In addition, there
would be no noticeable effect on
socioeconomic conditions in the region,
no environment justice impacts, no air
quality impacts, and no impacts to
historic and cultural resources from the
proposed changes. Therefore, there are
no significant nonradiological
environment impacts associated with
the proposed action.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the NRC considered denial of the
proposed action (i.e., the ‘‘no-action’’
alternative). Denial of the application
would result in no change in current
environmental impacts. The
environmental impacts of the proposed
action and the alternative action are
similar.
Alternative Use of Resources
There are no unresolved conflicts
concerning alternative uses of available
resources under the proposed action.
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28359
Agencies or Persons Consulted
No additional agencies or persons
were consulted regarding the
environmental impact of the proposed
action. On May 16, 2019 (ADAMS
Accession No. Ml19137A015), the State
of New Jersey representatives were
notified of the EA and FONSI.
III. Finding of No Significant Impact
HDI has proposed exemptions from 10
CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv), which would allow HDI
to use funds from the Trust for
irradiated fuel management and site
restoration activities, without prior
written notification to the NRC. 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 reason the human environment
would not be significantly affected is
that the proposed action involves
exemptions from requirements that are
of a financial or administrative nature
and that do not have an impact of the
human environment. Consistent with 10
CFR 51.21, the NRC conducted the EA
for the proposed action, and this FONSI
incorporates by reference the EA
included in Section II of this document.
Therefore, the NRC concludes that the
proposed action will not have
significant effects on the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed action.
Other than HDI’s letter dated
November 30, 2018, there are no other
environmental documents associated
with this review. This document is
available for public inspection as
indicated in Section I of this document.
Previous considerations regarding the
environmental impacts of operating
Oyster Creek Nuclear Generating
Station, in accordance with its renewed
operating license, is described in the
‘‘Final Environmental Statement for
Oyster Creek Nuclear Generating
Station,’’ dated December 1974, and
NUREG–1437, Supplement 28, ‘‘Generic
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Regarding Oyster Creek Nuclear
Generating Station,’’ Volumes 1 and 2,
Final Report, dated January 2007
(ADAMS Accession No. ML070100234
and ML070100258.
IV. Availability of Documents
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Title
5/16/2019 .................
11/30/2018 ...............
Notification from NRC to State of New Jersey of intent to publish EA/FONSI ..........................................
Letter from HDI to NRC titled ‘‘Request for Exemption from 10 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv)’’.
Letter from Exelon to NRC titled ‘‘Certification of Permanent Cessation of Power Operations for Oyster
Creek Nuclear Generating Station’’.
Letter from Exelon to NRC titled ‘‘Oyster Creek Nuclear Generating Station—Post-Shutdown Decommissioning Activities Report’’.
Application for Order Approving Direct Transfer of Renewed Facility Operating License and General
License and Proposed Conforming License Amendment Oyster Creek Nuclear Generating Station.
Letter from Exelon to NRC titled ‘‘Certification of Permanent Removal of Fuel from the Reactor Vessel
for Oyster Creek Nuclear Generating Station’’.
Letter from HDI to NRC titled ‘‘Notification of Revised Post-Shutdown Decommissioning Activities Report and Revised Site-Specific Decommissioning Cost Estimate for Oyster Creek Nuclear Generating Station’’.
Final Environmental Statement for Oyster Creek Nuclear Generating Station .........................................
NUREG–1437, Supplement 28, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Oyster Creek Nuclear Generating Station,’’ Volumes 1 and 2.
2/14/2018 .................
5/21/2018 .................
8/31/2018 .................
9/25/2018 .................
9/28/2018 .................
12/1974 ....................
1/2007 ......................
Dated at Rockville, Maryland, on June 13,
2019.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch,
Division of Decommissioning, Uranium
Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2019–12799 Filed 6–17–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Act Meetings
Week of June 17, 2019.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
Week of June 17, 2019
Tuesday, June 18, 2019
9:55 a.m. Affirmation Session (Public
Meeting) (Tentative)
Exelon Generation Co., LLC (Oyster
Creek Nuclear Generating Station),
Requests for Hearing in License
Transfer Proceeding (Tentative)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
10:00 a.m. Briefing on Human Capital
and Equal Employment
Opportunity (Public Meeting)
(Contact: Jason Lising: 301–287–
0569)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
Thursday, June 20, 2019
10:00 a.m. Briefing on Results of the
Agency Action Review Meeting
VerDate Sep<11>2014
17:23 Jun 17, 2019
(Public Meeting) (Contact: Andrea
Mayer: 301–415–1081)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
Additional Information: By a vote of
4–0 on June 13 and 14, 2019, the
Commission determined pursuant to
U.S.C. 552b(e) and ’9.107(a) of the
Commission’s rules that the above
referenced Affirmation Session be held
with less than one week notice to the
public. The meeting is scheduled on
June 18, 2019.
CONTACT PERSON FOR MORE INFORMATION:
[NRC–2019–0001]
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ADAMS
Accession No.
Date
Jkt 247001
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
subject to change on short notice.
The NRC Commission Meeting
Schedule can be found on the internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
Braille, large print), please notify
Kimberly Meyer-Chambers, NRC
Disability Program Manager, at 301–
287–0739, by videophone at 240–428–
3217, or by email at Kimberly.MeyerChambers@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
Members of the public may request to
receive this information electronically.
If you would like to be added to the
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555 (301–
415–1969), or by email at
Wendy.Moore@nrc.gov.
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ML19137A015
ML18334A215
ML18045A084
ML18141A775
ML18243A489
ML18268A258
ML18275A116
ML072200150
ML070100234
ML070100258
Dated at Rockville, Maryland, this 14th day
of June 2019.
For the Nuclear Regulatory Commission.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2019–13043 Filed 6–14–19; 4:15 pm]
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SUMMARY: The Postal Service gives
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]]>Agencies
[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28357-28360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12799]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219; NRC-2018-0237]
Holtec Decommissioning International, LLC; Oyster Creek Nuclear
Generating Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of exemptions in response to a November 30, 2018, request from
Holtec
[[Page 28358]]
Decommissioning International, LLC (HDI), for the Oyster Creek Nuclear
Generating Station (Oyster Creek). The exemptions would permit HDI to
use funds from the Oyster Creek decommissioning trust fund (DTF or the
Trust) for irradiated fuel management activities and site restoration.
The exemptions would also allow HDI to use withdrawals from the Trust
for these activities without prior notification to the NRC. The NRC is
issuing a final Environmental Assessment (EA) and final Finding of No
Significant Impact (FONSI) associated with the proposed exemptions.
DATES: The EA and FONSI referenced in this document are available on
June 18, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0237 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-2018-0237. Address
questions about NRC 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]. 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: Amy M. Snyder, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6822; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of exemptions from paragraphs
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of
Federal Regulations (10 CFR) for Renewed Facility Operating License No.
DPR-16, issued to Exelon Generation Company, LLC (Exelon) for the
Oyster Creek facility located in Ocean County, New Jersey. On August
31, 2018, Exelon, Oyster Creek Environmental Protection, LLC (OCEP),
and HDI submitted a License Transfer Application (LTA) requesting NRC
approval to transfer the Oyster Creek Renewed Facility Operating
License and the General License for the Oyster Creek Independent Spent
Fuel Storage Installation (ISFSI) to OCEP, as the licensed owner, and
to HDI, as the licensed operator.
By letter dated November 30, 2018 (ADAMS Accession No.
ML18334A215), HDI requested exemptions from 10 CFR 50.82(a)(8)(i)(A)
and 10 CFR 50.75(h)(1)(iv). The exemptions would allow HDI to use funds
from the Trust for irradiated fuel management and site restoration
activities without prior notice to the NRC, in the same manner that
funds from the Trust are used under 10 CFR 50.82(a)(8) for
decommissioning activities. These exemptions would only apply following
NRC approval of the LTA and closing of the underlying transaction.
In accordance with 10 CFR 51.21, the NRC prepared the following EA
that analyzes the environmental impacts of the proposed action. Based
on the results of this EA, which are provided in Section II of this
document, 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 partially exempt HDI from meeting the
requirements set forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv). Specifically, the proposed action would allow HDI to
use funds from the Trust for irradiated fuel management and site
restoration activities not associated with radiological decontamination
and would exempt HDI from meeting the requirement for prior
notification to the NRC for these activities.
The proposed action is in accordance with HDI's application dated
November 30, 2018 (ADAMS Accession No. ML18334A215).
Need for the Proposed Action
As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust
funds may be used by HDI if the withdrawals are for legitimate
decommissioning activity expenses, consistent with the definition of
decommissioning in 10 CFR 50.2. This definition addresses radiological
decontamination and does not include activities associated with
irradiated fuel management or site restoration. Similarly, the
requirements of 10 CFR 50.75(h)(1)(iv) restrict the use of
decommissioning trust fund disbursements (other than for ordinary and
incidental expenses) to decommissioning expenses until final
decommissioning has been completed. Therefore, partial exemptions from
10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) are needed to allow
HDI to use funds from the Trust for irradiated fuel management and site
restoration activities.
HDI stated that Table 1 of the application dated November 30, 2018,
demonstrates that the DTF contains the amount needed to cover the
estimated costs of radiological decommissioning, as well as spent fuel
management and site restoration activities. The adequacy of funds in
the Trust to cover the costs of activities associated with irradiated
fuel management, site restoration, and radiological decontamination
through license termination is supported by the revised Oyster Creek
Post-Shutdown Decommissioning Activities Report submitted by HDI in a
letter dated, September 28, 2018 (ADAMS Accession No. ML18275A116). HDI
stated that it needs access to the funds in the Trust in excess of
those needed for radiological decontamination to support irradiated
fuel management and site restoration activities not associated with
radiological decontamination.
The requirements of 10 CFR 50.75(h)(1)(iv) further provide that,
except for decommissioning withdrawals being made under 10 CFR
50.82(a)(8) or for payments of ordinary administrative costs and other
incidental expenses of the Trust, no disbursement may be made from the
Trust until written notice of the intention to make a disbursement has
been given to the NRC at least 30 working days in advance of the
intended disbursement. Therefore, an exemption from 10 CFR
50.75(h)(1)(iv) is needed to allow HDI to use funds from the Trust for
irradiated fuel
[[Page 28359]]
management and site restoration activities without prior NRC
notification.
In summary, by letter dated November 30, 2018, HDI requested
exemptions to allow Trust withdrawals, without prior written
notification to the NRC, for irradiated fuel management and site
restoration activities.
Environmental Impacts of the Proposed Action
The NRC has completed its evaluation of the environmental impacts
of the proposed action.
The proposed action involves exemptions from requirements that are
of a financial or administrative nature and that do not have an impact
on the environment. The NRC has completed its evaluation of the
proposed action and concludes that there is reasonable assurance that
adequate funds are available in the Trust to complete all activities
associated with decommissioning and irradiated fuel management and site
restoration. There is no decrease in safety associated with the use of
the Trust to fund activities associated with irradiated fuel management
and site restoration. Paragraph 50.82(a)(8)(v) of 10 CFR requires a
licensee to submit a financial assurance status report annually between
the time of submitting its decommissioning cost estimate and submitting
its final radiation survey and demonstrating that residual
radioactivity has been reduced to a level that permits termination of
its license. Paragraph 50.82(a)(8)(vi) of 10 CFR requires that if the
remaining balance, plus expected rate of return, plus any other
financial surety mechanism does not cover the estimated costs to
complete the decommissioning, 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. Since
the exemptions would allow HDI to use funds from the Trust that are in
excess of those required for radiological decontamination of the site
and the adequacy of funds dedicated for radiological decontamination
are not affected by the proposed exemptions, there is reasonable
assurance that there will be no environmental impact due to lack of
adequate funding for decommissioning.
The proposed action will not significantly increase the probability
or consequences of radiological accidents. Additionally, the NRC has
concluded that the proposed changes have no direct radiological
impacts. There would be no change to the types or amounts of
radiological effluents that may be released, therefore, no change in
occupational or public radiation exposure from the proposed changes.
There are no materials or chemicals introduced into the plant that
could affect the characteristics or types of effluents released
offsite. In addition, the method of operation of waste processing
systems will not be affected by the exemption. The proposed exemption
will not result in changes to the design basis requirements of
structures, systems, and components (SSCs) that function to limit or
monitor the release of effluents. All the SSCs associated with limiting
the release of effluents will continue to be able to perform their
functions. Moreover, no changes would be made to plant buildings or the
site property from the proposed changes. Therefore, there are no
significant radiological environmental impacts associated with the
proposed action.
With regard to potential nonradiological impacts, the proposed
changes would have no direct impacts on land use or water resources,
including terrestrial and aquatic biota, as they involve no new
construction or modification of plant operational systems. There would
be no changes to the quality or quantity of nonradiological effluents
and no changes to the plant's National Pollutant Discharge Elimination
System permits would be needed. In addition, there would be no
noticeable effect on socioeconomic conditions in the region, no
environment justice impacts, no air quality impacts, and no impacts to
historic and cultural resources from the proposed changes. Therefore,
there are no significant nonradiological environment impacts associated
with the proposed action.
Accordingly, the NRC concludes that there are no significant
environmental impacts associated with the proposed action.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC considered denial
of the proposed action (i.e., the ``no-action'' alternative). Denial of
the application would result in no change in current environmental
impacts. The environmental impacts of the proposed action and the
alternative action are similar.
Alternative Use of Resources
There are no unresolved conflicts concerning alternative uses of
available resources under the proposed action.
Agencies or Persons Consulted
No additional agencies or persons were consulted regarding the
environmental impact of the proposed action. On May 16, 2019 (ADAMS
Accession No. Ml19137A015), the State of New Jersey representatives
were notified of the EA and FONSI.
III. Finding of No Significant Impact
HDI has proposed exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10
CFR 50.75(h)(1)(iv), which would allow HDI to use funds from the Trust
for irradiated fuel management and site restoration activities, without
prior written notification to the NRC. 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 reason the
human environment would not be significantly affected is that the
proposed action involves exemptions from requirements that are of a
financial or administrative nature and that do not have an impact of
the human environment. Consistent with 10 CFR 51.21, the NRC conducted
the EA for the proposed action, and this FONSI incorporates by
reference the EA included in Section II of this document. Therefore,
the NRC concludes that the proposed action will not have significant
effects on the quality of the human environment. Accordingly, the NRC
has determined not to prepare an environmental impact statement for the
proposed action.
Other than HDI's letter dated November 30, 2018, there are no other
environmental documents associated with this review. This document is
available for public inspection as indicated in Section I of this
document.
Previous considerations regarding the environmental impacts of
operating Oyster Creek Nuclear Generating Station, in accordance with
its renewed operating license, is described in the ``Final
Environmental Statement for Oyster Creek Nuclear Generating Station,''
dated December 1974, and NUREG-1437, Supplement 28, ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants:
Regarding Oyster Creek Nuclear Generating Station,'' Volumes 1 and 2,
Final Report, dated January 2007 (ADAMS Accession No. ML070100234 and
ML070100258.
IV. Availability of Documents
[[Page 28360]]
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Date Title ADAMS Accession No.
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5/16/2019....................... Notification from NRC to State of New Jersey of ML19137A015
intent to publish EA/FONSI.
11/30/2018...................... Letter from HDI to NRC titled ``Request for ML18334A215
Exemption from 10 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv)''.
2/14/2018....................... Letter from Exelon to NRC titled ``Certification ML18045A084
of Permanent Cessation of Power Operations for
Oyster Creek Nuclear Generating Station''.
5/21/2018....................... Letter from Exelon to NRC titled ``Oyster Creek ML18141A775
Nuclear Generating Station--Post-Shutdown
Decommissioning Activities Report''.
8/31/2018....................... Application for Order Approving Direct Transfer ML18243A489
of Renewed Facility Operating License and
General License and Proposed Conforming License
Amendment Oyster Creek Nuclear Generating
Station.
9/25/2018....................... Letter from Exelon to NRC titled ``Certification ML18268A258
of Permanent Removal of Fuel from the Reactor
Vessel for Oyster Creek Nuclear Generating
Station''.
9/28/2018....................... Letter from HDI to NRC titled ``Notification of ML18275A116
Revised Post-Shutdown Decommissioning
Activities Report and Revised Site-Specific
Decommissioning Cost Estimate for Oyster Creek
Nuclear Generating Station''.
12/1974......................... Final Environmental Statement for Oyster Creek ML072200150
Nuclear Generating Station.
1/2007.......................... NUREG-1437, Supplement 28, ``Generic ML070100234
Environmental Impact Statement for License ML070100258
Renewal of Nuclear Plants: Regarding Oyster
Creek Nuclear Generating Station,'' Volumes 1
and 2.
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Dated at Rockville, Maryland, on June 13, 2019.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2019-12799 Filed 6-17-19; 8:45 am]
BILLING CODE 7590-01-P
