Virginia Electric and Power Company, Dominion Energy Kewaunee, Inc. and Dominion Nuclear Connecticut, Inc.; Millstone Independent Spent Fuel Storage Installation, 38075-38078 [2019-16671]
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Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices
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
Dominion’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
Dominion’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
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
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
Dominion’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 Dominion’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 Virginia Department of
Emergency Management (State) by letter
dated August 17, 2017 (ADAMS
Accession No. ML17227A007), and gave
the State 30 days to respond. The State
did not respond. 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).
Consequently, the U.S. Fish and
Wildlife Service was not consulted on
the proposed action.
III. Finding of No Significant Impact
The NRC staff has determined that the
proposed action, the review and
approval of Dominion’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.
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 No.
Date
Document
December 17, 2012 .......
December 2, 2015 .........
February 1, 2009 ...........
May 15, 2017 .................
August 17, 2017 .............
Submission of Dominion decommissioning funding plan ...................................................................
Submission of Dominion triennial decommissioning funding plan .....................................................
Environmental Assessment for Final Rule—Decommissioning Planning ..........................................
Note to File re Sct 7 Consultations for ISFSI DFPs ..........................................................................
Letter to J. Stern re: Review of the Draft Environmental Assessment and Finding of No Significant Impact for the Surry Power Station Independent Spent Fuel Storage Installation Decommissioning Funding Plan.
NRC staff’s Final EA for the approval of the decommissioning funding plan ....................................
June 14, 2019 ................
jspears on DSK3GMQ082PROD with NOTICES
the NRC’s approval of Dominion’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.
Dated at Rockville, Maryland, this 31st day
of July, 2019.
For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Spent Fuel Licensing Branch, Division
of Spent Fuel Management, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2019–16674 Filed 8–2–19; 8:45 am]
BILLING CODE 7590–01–P
[Docket No. 72–47; NRC–2018–0252]
Virginia Electric and Power Company,
Dominion Energy Kewaunee, Inc. and
Dominion Nuclear Connecticut, Inc.;
Millstone Independent Spent Fuel
Storage Installation
Nuclear Regulatory
Commission.
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ML19165A116
Environmental assessment and
finding of no significant impact;
issuance.
ACTION:
NUCLEAR REGULATORY
COMMISSION
AGENCY:
ML13002A036
ML15342A038
ML090500648
ML17135A062
ML17227A007
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 Virginia Electric and
Power Company, Dominion Energy
SUMMARY:
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Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices
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Kewaunee, Inc. and Dominion Nuclear
Connecticut, Inc. (collectively,
Dominion) on December 17, 2012, and
December 2, 2015, for the independent
spent fuel storage installation (ISFSI) at
Millstone in Waterford, Connecticut.
DATES: The EA and FONSI referenced in
this document are available on August
5, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2018–0252 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–2018–0252. 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
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:
I. Introduction
The NRC is considering the approval
of the decommissioning funding plans
(DFPs) for the Millstone ISFSI. By letter
dated December 17, 2012, Dominion
submitted an initial DFP for the ISFSI at
Millstone for the NRC’s review and
approval (ADAMS Accession No.
ML13002A036). The NRC staff reviewed
the initial DFP and issued a request for
additional information (RAI) by letter
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dated July 18, 2013 (ADAMS Accession
No. ML13200A025). Dominion
responded to the NRC’s RAI on
September 30, 2013 (ADAMS Accession
No. ML13283A085). By letter dated
December 2, 2015, Dominion submitted
an updated DFP (ADAMS Accession No.
ML15342A064). The NRC staff has
prepared a final EA (ADAMS Accession
No. ML19165A120) in support of its
review of Dominion’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 Millstone 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 Millstone ISFSI is located in
Waterford, Connecticut. Dominion is
authorized by the NRC, under License
No. SFGL–22 to store spent nuclear fuel
at the Millstone 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 Dominion on December
17, 2012, and December 2, 2015.
Specifically, the NRC must determine
whether Dominion’s DFPs contain the
information required by 10 CFR 72.30(b)
and 72.30(c) and whether Dominion 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 Dominion’s
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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 Dominion 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 Dominion’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
Dominion’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 Millstone.
Need for the Proposed Action
The proposed action provides a
means for the NRC to confirm that
Dominion 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
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Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices
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
Dominion’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
Dominion’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
Dominion’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
whether (i) endangered and threatened
species or their critical habitats are
known to be in the vicinity of the
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
Dominion’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 Dominion’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 Connecticut Department of
Energy and Environmental Protection
(State) by letter dated September 26,
2016 (ADAMS Accession No.
ML17083A021), 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 September 26, 2016 (ADAMS
Accession No. ML16274A241).
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 Dominion’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.
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 No.
Date
Document
December 17, 2012 .......
December 2, 2015 .........
February 1, 2009 ...........
May 15, 2017 .................
September 26, 2016 ......
September 26, 2016 ......
Submission of Dominion decommissioning funding plan ...................................................................
Submission of Dominion triennial decommissioning funding plan .....................................................
Environmental Assessment for Final Rule—Decommissioning Planning ..........................................
Note to File re Sct 7 Consultations for ISFSI DFPs ..........................................................................
Consultation Letter: ML16271A004–RLSO ........................................................................................
Preliminary Determination of No Effects Regarding Milestone Power Station ISFSI Decommissioning Funding Plan (72–47) L24728.
NRC staff’s Final EA for the approval of the decommissioning funding plan ....................................
June 14, 2019 ................
jspears on DSK3GMQ082PROD with NOTICES
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 Dominion’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.
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ML15342A064
ML090500648
ML17135A062
ML17083A021
ML16274A241
ML19165A120
38078
Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices
Dated at Rockville, Maryland, this 31st day
of July, 2019.
For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Spent Fuel Licensing Branch, Division
of Spent Fuel Management, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2019–16671 Filed 8–2–19; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–86512; File No. SR–
NASDAQ–2019–048]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Designation of Longer Period for
Commission Action on Proposed Rule
Change, as Modified by Amendment
No. 1, To Amend Rule 4702 To
Establish the ‘‘Midpoint Extended Life
Order + Continuous Book’’ as a New
Order Type
July 30, 2019.
On May 29, 2019, The Nasdaq Stock
Market LLC (‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
establish the Midpoint Extended Life
Order + Continuous Book (‘‘MELO+CB’’) as a new order type. The
proposed rule change was published for
comment in the Federal Register on
June 17, 2019.3 On July 1, 2019, the
Exchange filed Amendment No. 1 to the
proposed rule change, which amended
and superseded the proposed rule
change as originally filed.4 The
Commission has received no comments
on the proposal.
Section 19(b)(2) of the Act 5 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
jspears on DSK3GMQ082PROD with NOTICES
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 86083
(June 11, 2019), 84 FR 28107.
4 In Amendment No. 1, the Exchange revised the
proposal to: (1) Provide additional detail to the
description of and statutory basis for the proposed
rule change; (2) explain in greater detail the order
entry protocols available for M-ELO+CB; (3) specify
that any punitive fees or participant requirements
determined to be necessary by the Exchange for MELO+CB usage would be implemented pursuant to
a future proposed rule change; and (4) make
technical, clarifying, and conforming changes.
Amendment No. 1 is available at https://
www.sec.gov/comments/sr-nasdaq-2019-048/
srnasdaq2019048-5749583-186789.pdf.
5 15 U.S.C. 78s(b)(2).
VerDate Sep<11>2014
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to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day for this filing
is August 1, 2019.
The Commission is extending the 45day time period for Commission action
on the proposed rule change. The
Commission finds that it is appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider the proposed rule change.
Accordingly, pursuant to Section
19(b)(2) of the Act,6 the Commission
designates September 15, 2019, as the
date by which the Commission shall
either approve or disapprove, or
institute proceedings to determine
whether to disapprove, the proposed
rule change (File No. SR–NASDAQ–
2019–048), as modified by Amendment
No. 1.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–16613 Filed 8–2–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–86511; File No. SR–
CboeBZX–2019–067]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing of
a Proposed Rule Change To List and
Trade Shares of the Innovator-100
Buffer ETF Series and Innovator
Russell 2000 Buffer ETF Series,
Innovator-100 Power Buffer ETF Series
and Innovator Russell 2000 Power
Buffer ETF Series, and Innovator-100
Ultra Buffer ETF Series and Innovator
Russell 2000 Ultra Buffer ETF Series
Under Rule 14.11(i)
July 30, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on July 18,
2019, Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
6 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(31).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
7 17
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change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes a rule change
to list and trade shares of the Innovator100 Buffer ETF Series and Innovator
Russell 2000 Buffer ETF Series;
Innovator-100 Power Buffer ETF Series
and Innovator Russell 2000 Power
Buffer ETF Series; and Innovator-100
Ultra Buffer ETF Series and Innovator
Russell 2000 Ultra Buffer ETF Series
under the Innovator ETFs Trust under
Rule 14.11(i) (‘‘Managed Fund Shares’’).
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
equities/regulation/rule_filings/bzx/), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to list and
trade shares (‘‘Shares’’) of up to twelve
monthly Innovator-100 Buffer ETF
Series and Innovator Russell 2000
Buffer ETF Series (collectively, the
‘‘Buffer Funds’’); Innovator-100 Power
Buffer ETF Series and Innovator Russell
2000 Power Buffer ETF Series
(collectively, the ‘‘Power Buffer
Funds’’); and Innovator-100 Ultra Buffer
ETF Series and Innovator Russell 2000
Ultra Buffer ETF Series (collectively, the
‘‘Ultra Buffer Funds’’) (each a ‘‘Fund’’
and, collectively, the ‘‘Funds’’) under
Rule 14.11(i), which governs the listing
and trading of Managed Fund Shares on
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]]>Agencies
[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38075-38078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16671]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-47; NRC-2018-0252]
Virginia Electric and Power Company, Dominion Energy Kewaunee,
Inc. and Dominion Nuclear Connecticut, Inc.; Millstone Independent
Spent Fuel Storage Installation
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 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 Virginia Electric and Power Company, Dominion Energy
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Kewaunee, Inc. and Dominion Nuclear Connecticut, Inc. (collectively,
Dominion) on December 17, 2012, and December 2, 2015, for the
independent spent fuel storage installation (ISFSI) at Millstone in
Waterford, Connecticut.
DATES: The EA and FONSI referenced in this document are available on
August 5, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0252 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-2018-0252. 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 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 Millstone ISFSI. By letter dated December 17,
2012, Dominion submitted an initial DFP for the ISFSI at Millstone for
the NRC's review and approval (ADAMS Accession No. ML13002A036). The
NRC staff reviewed the initial DFP and issued a request for additional
information (RAI) by letter dated July 18, 2013 (ADAMS Accession No.
ML13200A025). Dominion responded to the NRC's RAI on September 30, 2013
(ADAMS Accession No. ML13283A085). By letter dated December 2, 2015,
Dominion submitted an updated DFP (ADAMS Accession No. ML15342A064).
The NRC staff has prepared a final EA (ADAMS Accession No. ML19165A120)
in support of its review of Dominion'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 Millstone 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 Millstone ISFSI is located in Waterford, Connecticut. Dominion
is authorized by the NRC, under License No. SFGL-22 to store spent
nuclear fuel at the Millstone 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 Dominion on
December 17, 2012, and December 2, 2015. Specifically, the NRC must
determine whether Dominion's DFPs contain the information required by
10 CFR 72.30(b) and 72.30(c) and whether Dominion 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 Dominion'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 Dominion
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 Dominion'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 Dominion'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 Millstone.
Need for the Proposed Action
The proposed action provides a means for the NRC to confirm that
Dominion 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
[[Page 38077]]
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 Dominion'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 Dominion'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
Dominion'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 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 Dominion'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 Dominion'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 Dominion'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 Connecticut Department of Energy and
Environmental Protection (State) by letter dated September 26, 2016
(ADAMS Accession No. ML17083A021), 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 September 26, 2016 (ADAMS
Accession No. ML16274A241). 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 Dominion'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.
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Date Document ADAMS accession No.
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December 17, 2012.......................... Submission of Dominion ML13002A036
decommissioning funding plan.
December 2, 2015........................... Submission of Dominion triennial ML15342A064
decommissioning funding plan.
February 1, 2009........................... Environmental Assessment for ML090500648
Final Rule--Decommissioning
Planning.
May 15, 2017............................... Note to File re Sct 7 ML17135A062
Consultations for ISFSI DFPs.
September 26, 2016......................... Consultation Letter: ML16271A004- ML17083A021
RLSO.
September 26, 2016......................... Preliminary Determination of No ML16274A241
Effects Regarding Milestone
Power Station ISFSI
Decommissioning Funding Plan
(72-47) L24728.
June 14, 2019.............................. NRC staff's Final EA for the ML19165A120
approval of the decommissioning
funding plan.
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Dated at Rockville, Maryland, this 31st day of July, 2019.
For the Nuclear Regulatory Commission.
John B. McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-16671 Filed 8-2-19; 8:45 am]
BILLING CODE 7590-01-P
