Virginia Electric and Power Company, Dominion Energy Kewaunee, Inc. and Dominion Nuclear Connecticut, Inc. North Anna Independent Spent Fuel Storage Installation, 38063-38065 [2019-16672]

Download as PDF Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices to file quarterly financial and statistical data and NCUA Form 4501A, Credit Union Profile, is used to obtain nonfinancial data relevant to regulation and supervision such as the names of senior management and volunteer officials, and are reported through NCUA’s online portal, Credit Unions Online. The financial and statistical information is essential to NCUA in carrying out its responsibility for supervising federal credit unions. The information also enables NCUA to monitor all federally insured credit unions with National Credit Union Share Insurance Fund (NCUSIF) insured share accounts. Reason for Change: Form 4501A, NCUA Profile, is being revised to include two questions to evaluate industry-wide risk exposure related to single- and multi-employer defined benefit plans. This revision will not alter the estimated burden hours per response. By Gerard Poliquin, Secretary of the Board, the National Credit Union Administration, on July 31, 2019. Dated: July 31, 2019. Dawn D. Wolfgang, NCUA PRA Clearance Officer. [FR Doc. 2019–16633 Filed 8–2–19; 8:45 am] BILLING CODE 7535–01–P NUCLEAR REGULATORY COMMISSION [NRC–2019–0001] Sunshine Act Meetings Weeks of August 5, 12, 19, 26, September 2, 9, 2019. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. MATTERS TO BE CONSIDERED: TIME AND DATE: Week of August 5, 2019 There are no meetings scheduled for the week of August 5, 2019. jspears on DSK3GMQ082PROD with NOTICES Week of August 12, 2019—Tentative Wednesday, August 14, 2019 9:00 a.m. Hearing on Early Site Permit for the Clinch River Nuclear Site: Section 189a. of the Atomic Energy Act Proceeding (Public Meeting); (Contact: Mallecia Sutton: 301–415– 0673) This hearing will be webcast live at the Web address—https://www.nrc.gov/. Week of August 26, 2019—Tentative There are no meetings scheduled for the week of August 26, 2019. Week of September 9, 2019—Tentative Monday, September 9, 2019 10:00 a.m. NRC All Employees Meeting (Public Meeting), Marriott Bethesda North Hotel, 5701 Marinelli Road, Rockville, MD 20852. CONTACT PERSON FOR MORE INFORMATION: 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 or Tyesha.Bush@ nrc.gov. The NRC is holding the meetings under the authority of the Government in the Sunshine Act, 5 U.S.C. 552b. Dated at Rockville, Maryland, this 1st day of August, 2019. For the Nuclear Regulatory Commission. Denise L. McGovern, Policy Coordinator, Office of the Secretary. [FR Doc. 2019–16821 Filed 8–1–19; 4:15 pm] BILLING CODE 7590–01–P Week of August 19, 2019—Tentative There are no meetings scheduled for the week of August 19, 2019. VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 38063 NUCLEAR REGULATORY COMMISSION [Docket No. 72–16; NRC–2018–0249] Virginia Electric and Power Company, Dominion Energy Kewaunee, Inc. and Dominion Nuclear Connecticut, Inc. North Anna 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 Virginia Electric and Power Company, Dominion Energy 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 North Anna in Louisa, Virginia. DATES: The EA and FONSI referenced in this document are available on August 5, 2019. ADDRESSES: Please refer to Docket ID NRC–2018–0249 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–2018–0249. 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 SUMMARY: E:\FR\FM\05AUN1.SGM 05AUN1 38064 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices 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 North Anna ISFSI. By letter dated December 17, 2012, Dominion submitted an initial DFP for the ISFSI at North Anna 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. ML15342A039). The NRC staff has prepared a final EA (ADAMS Accession No. ML19165A113) 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 North Anna 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. jspears on DSK3GMQ082PROD with NOTICES II. Environmental Assessment Background The North Anna ISFSI is located in Louisa, Virginia. Dominion is authorized by NRC, under a general license (License No. SFGL–34) and specific license (SNM–2507), to store spent nuclear fuel at the North Anna 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 VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 (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 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 termination for the ISFSI or any other part of North Anna. 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 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 E:\FR\FM\05AUN1.SGM 05AUN1 38065 Federal Register / Vol. 84, No. 150 / Monday, August 5, 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 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 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. ML17226A253), 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 North Anna 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 .......................................... 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. 2019–16672 Filed 8–2–19; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION jspears on DSK3GMQ082PROD with NOTICES 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. [Docket No. 72–14; NRC–2018–0260] FirstEnergy Nuclear Operating Company; Davis-Besse Independent Spent Fuel Storage Installation Nuclear Regulatory Commission. AGENCY: VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 Environmental assessment and finding of no significant impact; issuance. ACTION: 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 FirstEnergy Nuclear Operating Company (FENOC) on December 17, 2012, and December 9, 2015, for the independent spent fuel storage installation (ISFSI) at DavisBesse in Oak Harbor, Ohio. DATES: The EA and FONSI referenced in this document are available on August 5, 2019. ADDRESSES: Please refer to Docket ID NRC–2018–0260 when contacting the NRC about the availability of information regarding this document. SUMMARY: PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 ML13002A036 ML15342A039 ML090500648 ML17135A062 ML17226A253 ML19165A113 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–2018–0260. 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) E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38063-38065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16672]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-16; NRC-2018-0249]


Virginia Electric and Power Company, Dominion Energy Kewaunee, 
Inc. and Dominion Nuclear Connecticut, Inc. North Anna 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 Virginia Electric and Power Company, Dominion Energy 
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 North Anna in 
Louisa, Virginia.

DATES: The EA and FONSI referenced in this document are available on 
August 5, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0249 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-2018-0249. 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

[[Page 38064]]

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 North Anna ISFSI. By letter dated December 17, 
2012, Dominion submitted an initial DFP for the ISFSI at North Anna 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. ML15342A039). 
The NRC staff has prepared a final EA (ADAMS Accession No. ML19165A113) 
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 North Anna 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 North Anna ISFSI is located in Louisa, Virginia. Dominion is 
authorized by NRC, under a general license (License No. SFGL-34) and 
specific license (SNM-2507), to store spent nuclear fuel at the North 
Anna 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 North Anna.

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 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

[[Page 38065]]

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 Virginia Department of Emergency Management 
(State) by letter dated August 17, 2017 (ADAMS Accession No. 
ML17226A253), 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 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.

----------------------------------------------------------------------------------------------------------------
                   Date                                 Document                      ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
December 17, 2012........................  Submission of Dominion             ML13002A036
                                            decommissioning funding plan.
December 2, 2015.........................  Submission of Dominion triennial   ML15342A039
                                            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.
August 17, 2017..........................  Letter to J. Stern re: Review of   ML17226A253
                                            the Draft Environmental
                                            Assessment and Finding of No
                                            Significant Impact for the North
                                            Anna Power Station Independent
                                            Spent Fuel Storage Installation
                                            Decommissioning Funding Plan.
June 14, 2019............................  NRC staff's Final EA for the       ML19165A113
                                            approval of the decommissioning
                                            funding plan.
----------------------------------------------------------------------------------------------------------------


    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. 2019-16672 Filed 8-2-19; 8:45 am]
BILLING CODE 7590-01-P


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