FirstEnergy Nuclear Operating Company; Perry Independent Spent Fuel Storage Installation, 38067-38069 [2019-16673]
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38067
Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / 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 FENOC’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
FENOC’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
FENOC’s DFPs, which the NRC has
found to meet the criteria of 10 CFR
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 Ohio Emergency Management
Agency, Department of Public Safety
(State) by letter dated July 15, 2016
(ADAMS Accession No. ML17139C017),
and gave the State 30 days to respond.
The State did not respond. The NRC
also consulted with the Fish and
Wildlife Service by letter dated July 15,
2016 (ADAMS Accession No.
ML16197A381). 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 FENOC’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 9, 2015 .........
February 1, 2009 ...........
May 15, 2017 .................
July 15, 2016 .................
July 15, 2016 .................
Submission of FENOC decommissioning funding plan .....................................................................
Submission of FENOC triennial decommissioning funding plan ........................................................
Environmental Assessment for Final Rule—Decommissioning Planning ..........................................
Note to File re Sct 7 Consultations for ISFSI DFPs ..........................................................................
Consultation Letter: ML16197A415–RLSO ........................................................................................
Letter to A. Shull re: U.S. Nuclear Regulatory Commission Preliminary Determination of No Effects Regarding the Davis-Besse Nuclear Power Station, Unit No. 1 Independent Spent Fuel
Storage Installation Decommissioning Funding Plan.
NRC staff’s Final EA for the approval of the decommissioning funding plan ....................................
June 9, 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. 2019–16669 Filed 8–2–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–69; NRC–2018–0250]
jspears on DSK3GMQ082PROD with NOTICES
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.
FirstEnergy Nuclear Operating
Company; Perry 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 Perry in
Perry, Ohio.
DATES: The EA and FONSI referenced in
this document are available on August
5, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2018–0250 when contacting the
NRC about the availability of
information regarding this document.
SUMMARY:
PO 00000
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ML12352A194
ML15343A350
ML090500648
ML17135A062
ML17139C017
ML16197A381
ML19162A009
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–2018–0250. 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
38068
Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices
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 Perry ISFSI. FENOC
submitted an initial DFP and an
updated DFP for NRC review and
approval by letters dated December 17,
2012 (ADAMS Accession No.
ML12352A194), and December 9, 2015
(ADAMS Accession No. ML15343A350),
respectively. The NRC staff has
prepared a final EA (ADAMS Accession
No. ML19162A009) in support of its
review of FENOC’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 Perry 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 Perry ISFSI is located in Perry,
Ohio. FENOC is authorized by the NRC,
under License No. SFGL–51 to store
spent nuclear fuel at the Perry 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
VerDate Sep<11>2014
18:42 Aug 02, 2019
Jkt 247001
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 FENOC on December 17,
2012, and December 9, 2015.
Specifically, the NRC must determine
whether FENOC’s DFPs contain the
information required by 10 CFR 72.30(b)
and 72.30(c) and whether FENOC 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 FENOC’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 FENOC 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
FENOC’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 FENOC’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 Perry.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
Need for the Proposed Action
The proposed action provides a
means for the NRC to confirm that
FENOC 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 FENOC’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
FENOC’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 FENOC’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
E:\FR\FM\05AUN1.SGM
05AUN1
38069
Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / 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 FENOC’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
FENOC’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
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 Ohio Emergency Management
Agency, Department of Public Safety
(State) by letter dated October 26, 2016
(ADAMS Accession No. ML17142A072),
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 October
26, 2016 (ADAMS Accession No.
ML16301A368). 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 FENOC’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
ADAMS
accession No.
Date
Document
December 17, 2012 .................................
December 9, 2015 ...................................
February 1, 2009 .....................................
May 15, 2017 ...........................................
October 26, 2016 .....................................
October 26, 2016 .....................................
Submission of FENOC decommissioning funding plan ...........................................
Submission of FENOC triennial decommissioning funding plan .............................
Environmental Assessment for Final Rule—Decommissioning Planning ................
Note to File re Sct 7 Consultations for ISFSI DFPs ................................................
Consultation Letter: ML16301A233–RLSO ..............................................................
NRC Preliminary Determination of No Effects Regarding Perry Nuclear Independent Spent Fuel Storage Installation Decommissioning Funding Plan.
NRC staff’s Final EA for the approval of the decommissioning funding plan .........
June 9, 2019 ............................................
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.
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. 2019–16673 Filed 8–2–19; 8:45 am]
VerDate Sep<11>2014
18:42 Aug 02, 2019
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–64; NRC–2018–0254]
Virginia Electric and Power Company,
Dominion Energy Kewaunee, Inc. and
Dominion Nuclear Connecticut, Inc.;
Kewaunee 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
SUMMARY:
BILLING CODE 7590–01–P
jspears on DSK3GMQ082PROD with NOTICES
FENOC’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.
Jkt 247001
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
ML12352A194
ML15343A350
ML090500648
ML17135A062
ML17142A072
ML16301A368
ML19162A009
December 9, 2015, for the independent
spent fuel storage installation (ISFSI) at
Kewaunee in Kewaunee, Wisconsin.
DATES: The EA and FONSI referenced in
this document are available on August
5, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2018–0254 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–2018–0254. 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 publicly-
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38067-38069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16673]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-69; NRC-2018-0250]
FirstEnergy Nuclear Operating Company; Perry 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 FirstEnergy Nuclear Operating Company (FENOC) on
December 17, 2012, and December 9, 2015, for the independent spent fuel
storage installation (ISFSI) at Perry in Perry, Ohio.
DATES: The EA and FONSI referenced in this document are available on
August 5, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0250 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-2018-0250. 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)
[[Page 38068]]
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 Perry ISFSI. FENOC submitted an initial DFP and an
updated DFP for NRC review and approval by letters dated December 17,
2012 (ADAMS Accession No. ML12352A194), and December 9, 2015 (ADAMS
Accession No. ML15343A350), respectively. The NRC staff has prepared a
final EA (ADAMS Accession No. ML19162A009) in support of its review of
FENOC'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 Perry 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 Perry ISFSI is located in Perry, Ohio. FENOC is authorized by
the NRC, under License No. SFGL-51 to store spent nuclear fuel at the
Perry 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 FENOC on
December 17, 2012, and December 9, 2015. Specifically, the NRC must
determine whether FENOC's DFPs contain the information required by 10
CFR 72.30(b) and 72.30(c) and whether FENOC 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 FENOC'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 FENOC
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 FENOC'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 FENOC'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 Perry.
Need for the Proposed Action
The proposed action provides a means for the NRC to confirm that
FENOC 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 FENOC'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 FENOC'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
FENOC'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
[[Page 38069]]
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 FENOC'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 FENOC'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 FENOC'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 Ohio Emergency Management Agency, Department of
Public Safety (State) by letter dated October 26, 2016 (ADAMS Accession
No. ML17142A072), 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 October 26, 2016 (ADAMS Accession No. ML16301A368).
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 FENOC'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
----------------------------------------------------------------------------------------------------------------
Date Document ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
December 17, 2012........................ Submission of FENOC ML12352A194
decommissioning funding plan.
December 9, 2015......................... Submission of FENOC triennial ML15343A350
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.
October 26, 2016......................... Consultation Letter: ML16301A233- ML17142A072
RLSO.
October 26, 2016......................... NRC Preliminary Determination of ML16301A368
No Effects Regarding Perry
Nuclear Independent Spent Fuel
Storage Installation
Decommissioning Funding Plan.
June 9, 2019............................. NRC staff's Final EA for the ML19162A009
approval of the decommissioning
funding plan.
----------------------------------------------------------------------------------------------------------------
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.
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. 2019-16673 Filed 8-2-19; 8:45 am]
BILLING CODE 7590-01-P
