Pacific Gas and Electric Company; Diablo Canyon Nuclear Power Plant, Units 1 and 2, 42025-42027 [2019-17599]

Download as PDF Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices commenter thinks the NRC should consider. The NRC will make a final determination regarding issuance of the NUREG after it considers any public comments received in response to this request. Dated at Rockville, Maryland, this 12th day of August, 2019. For the Nuclear Regulatory Commission. Michael C. Layton, Director, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2019–17584 Filed 8–15–19; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–275 and 50–323; NRC– 2019–0131] Pacific Gas and Electric Company; Diablo Canyon Nuclear Power Plant, Units 1 and 2 Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of exemptions in response to a December 13, 2018, request from Pacific Gas and Electric Company (PG&E, the licensee) for Diablo Canyon Nuclear Power Plant (Diablo Canyon), Units 1 and 2. One exemption would allow the licensee to use an amount of funds from the Diablo Canyon Nuclear Decommissioning Trust (NDT) for decommissioning planning above the amount limitations specified in NRC’s regulations. Another exemption would allow the licensee to use withdrawals from the NDT to fund planning activities associated with spent fuel management and site restoration. The NRC staff is issuing a final environmental assessment (EA) and final finding of no significant impact (FONSI) associated with the proposed exemptions. DATES: The EA and FONSI referenced in this document are available on August 16, 2019. ADDRESSES: Please refer to Docket ID NRC–2019–0131 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–2019–0131. Address khammond on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:10 Aug 15, 2019 Jkt 247001 questions about NRC docket IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • 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: Balwant K. Singal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–3016, email: Balwant.Singal@nrc.gov. SUPPLEMENTARY INFORMATION: 42025 allow the licensee to use an amount of funds from the Diablo Canyon NDT for decommissioning planning above the amount limitations specified in NRC regulations for operating reactors. Another exemption would allow the licensee to use withdrawals from the NDT for planning activities associated with spent fuel management and site restoration. Overall, the proposed action would allow PG&E to withdraw $187.8 million ($2017) 1 from the Diablo Canyon NDT to fund radiological decommissioning, spent fuel management, and site restoration planning activities necessary prior to permanent cessation of operations of Diablo Canyon, Units 1 and 2, in 2024 and 2025, respectively. The proposed action is in accordance with the licensee’s application dated December 13, 2018. II. Environmental Assessment Need for the Proposed Action By letter dated November 27, 2018 (ADAMS Accession No. ML18331A553), PG&E informed the NRC of its intention to permanently cease operation of Diablo Canyon, Units 1 and 2, on November 2, 2024, and August 26, 2025, respectively. The requirements of 10 CFR 50.82(a)(8)(ii) restrict the use of NDT for decommissioning planning for operating reactors to three percent of the generic minimum decommissioning amount calculated, consistent with a formula set forth by the regulations at 10 CFR 50.75. Furthermore, as required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust funds may be used by the licensee if the withdrawals are for legitimate decommissioning planning activities, consistent with the definition of decommissioning in 10 CFR 50.2. This definition addresses radiological decontamination and does not include activities associated with irradiated fuel management or site restoration activities. Therefore, these regulations would limit withdrawal from the Diablo Canyon NDT to $37.2 million ($18.6 million per unit) and would allow spending only on planning activities for radiological decommissioning. PG&E has estimated that a total of $187.8 million ($2017) would be required to be spent on pre-shutdown planning activities; $148.4 million would be for radiological decommissioning, and $39.4 million would be for spent fuel management and site restoration planning activities. Description of the Proposed Action The proposed action would exempt PG&E from the requirements of 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.82(a)(8)(ii). One exemption would 1 In its application, PG&E submitted the decommissioning costs in 2017 dollars to be consistent with presentation of a year-end asset balance in the NDT. If the NRC grants the exemptions, funds would be withdrawn from the NDT in nominal (current) dollars. I. Introduction The NRC is considering issuance of exemptions from sections 50.82(a)(8)(i)(A) and 50.82(a)(8)(ii) of title 10 of the Code of Federal Regulations (10 CFR) for Facility Operating License Nos. DPR–80 and DPR–82, issued to PG&E for operation of Diablo Canyon, Units 1 and 2, located in San Luis Obispo, California. The licensee requested the exemptions by letter dated December 13, 2018 (ADAMS Accession No. ML18347B552) pursuant to 10 CFR 50.12. In accordance with 10 CFR 51.21, the NRC prepared the following EA that analyzed the environmental impacts of the proposed licensing action. Based on the results of this EA that follow, and in accordance with 10 CFR 51.31(a), the NRC has determined not to prepare an environmental impact statement for these exemption requests and is issuing a FONSI. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\16AUN1.SGM 16AUN1 42026 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices The estimated $148.4 million amount is more than three percent of the generic minimum decommissioning amount calculated, consistent with a formula set forth by regulations at 10 CFR 50.75. Furthermore, withdrawals from the decommissioning trust fund cannot be used to fund the PG&E estimated $39.4 million for spent fuel management and site restoration planning activities absent (1) a clear indication that monies in the fund were collected for those purposes and are clearly and consistently accounted for separately,2 or (2) an exemption from the requirements of 10 CFR 50.82(a)(8)(i)(A) for use of funds for those purposes. Therefore, pursuant to 10 CFR 50.12, PG&E requests exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.82(a)(8)(ii) to allow withdrawal of a total of $187.8 million ($2017) from the Diablo Canyon NDT to fund radiological decommissioning, spent fuel management, and site restoration planning activities prior to permanent cessation of operations of Diablo Canyon, Units 1 and 2, in 2024 and 2025, respectively, to support direct transition to decommissioning upon permanent cessation of operations. khammond on DSKBBV9HB2PROD with NOTICES Environmental Impacts of the Proposed Action The proposed action involves exemptions from the requirements related to use of the NDT that are of a financial nature and allow PG&E to pay for decommissioning planning activities necessary to support direct transition to physical decommissioning upon permanent shutdown of Diablo Canyon, Units 1 and 2. The proposed action also allows PG&E to use these funds to support planning for spent fuel management and site restoration activities. The NRC has completed its evaluation and concludes that there is reasonable assurance that adequate funds are available in the NDT to complete all activities associated with radiological decommissioning. There is no decrease in safety associated with the NDT being used to fund planning activities associated with radiological decommissioning, spent fuel 2 In 1999, some licensees reporting under 10 CFR 50.75(f) did not distinguish between estimates of costs to complete decommissioning required by the NRC (radiological decommissioning) and other costs associated with cleaning up the site. The NRC staff issued Regulatory Issue Summary 2001–07, Revision 1, ‘‘10 CFR 50.75 Reporting and Recordkeeping for Decommissioning Planning,’’ to clarify for licensees the need to preserve the distinction between radiological decommissioning cost estimates and all other decommissioning cost estimates in the reports licensees must submit in accordance with 10 CFR 50.75. VerDate Sep<11>2014 16:10 Aug 15, 2019 Jkt 247001 management, and site restoration. As required by 10 CFR 50.75, PG&E has submitted a Decommissioning Funding Report for Diablo Canyon by letter dated March 26, 2019 (ADAMS Accession No. ML19094B780), which includes a sitespecific decommissioning cost estimate for Diablo Canyon, Units 1 and 2. The regulations at 10 CFR 50.75 require, in part, that the report include the amount of decommissioning funds accumulated, modifications occurring to a licensee’s current method of providing financial assurance since the last submitted report, and plans to adjust levels of funds assured for decommissioning to demonstrate that a reasonable level of assurance will be provided that funds will be available when needed to cover the cost of decommissioning. A licensee for a plant that is within five years of its projected end of operation is required to submit this report annually. The proposed action will not significantly increase the probability or consequences of radiological accidents. Additionally, the NRC staff has concluded that the proposed changes would have no direct radiological environmental impacts. There are no changes in the types or amounts of effluents that are, or may be, released offsite resulting from these exemptions. PG&E must continue to comply with all appropriate NRC regulations related to occupational and public radiation exposure, and thus, the exemptions will not result in an increase to occupational or public doses. With regard to the potential nonradiological environmental impacts, the proposed action would have no direct impacts on land use or water resources, including terrestrial and aquatic biota, as it involves no new land disturbing activities, new construction or modification of plant operational systems. There would be no changes to the quality or quantity of nonradiological effluents, and no changes to the plant’s National Pollutant Discharge Elimination System permits would be needed. In addition, there would be no noticeable effect on socioeconomic conditions in the region, no environmental justice impacts, no air quality impacts, and no impacts to historic and cultural resources from the proposed changes. Therefore, there are no significant nonradiological environmental impacts associated with the proposed action. Accordingly, the NRC concludes that there will be no significant environmental impacts associated with the proposed action. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the NRC staff considered denial of the proposed action (i.e., the ‘‘noaction’’ alternative). Denial of these exemption requests would result in no change in current environmental impacts. Therefore, the environmental impacts of the proposed action and alternative action are similar. Alternative Use of Resources There are no unresolved conflicts concerning alternative uses of available resources under the proposed action. Agencies and Persons Consulted On June 6, 2019, the NRC notified the State of California of this EA and FONSI. No additional agencies or persons were consulted regarding the environmental impact of the proposed action. III. Finding of No Significant Impact The proposed action would exempt PG&E from the requirements of 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.82(a)(8)(ii) to allow PG&E to withdraw $187.8 million ($2017) from the Diablo Canyon NDT to fund radiological decommissioning, spent fuel management, and site restoration planning activities. The proposed action would not significantly affect plant safety, would not have a significant adverse effect on the probability of an accident occurring, and would not have any significant radiological or nonradiological impacts. The reason the human environment would not be significantly affected is that the proposed action involves an exemption from requirements that are of a financial nature that do not have an impact on the human environment. The related environmental document is the Diablo Canyon Final Environmental Statement dated May 1973 (ADAMS Accession No. ML15043A481),3 which provides the latest environmental review of operations of Diablo Canyon, Units 1 and 2. Consistent with 10 CFR 51.21, the NRC conducted the EA for the proposed action, which concluded that there will be no significant environmental impacts associated with the proposed action. This FONSI incorporates by reference the EA included in Section II of this document. Accordingly, the NRC has decided not to prepare an 3 Final Environmental Statement Related to the Nuclear Generating Station Diablo Canyon, Units 1 and 2, Pacific Gas and Electric Company, Docket Nos. 50–275 and 50–323, May 1973. E:\FR\FM\16AUN1.SGM 16AUN1 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices environmental impact statement for the proposed action. The finding and other related environmental documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Publicly available records are accessible electronically from ADAMS Public Electronic Reading Room on the internet at the NRC’s website: https:// www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC’s PDR Reference staff by telephone at 1–800– 397–4209 or 301–415–4737, or by email to pdr.resource@nrc.gov. Dated at Rockville, Maryland, this 12th day of August 2019. For the Nuclear Regulatory Commission. Balwant K. Singal, Senior Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2019–17599 Filed 8–15–19; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. CP2017–96; MC2019–186 and CP2019–208] New Postal Products Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: August 20, 2019. SUMMARY: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. khammond on DSKBBV9HB2PROD with NOTICES ADDRESSES: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents 16:10 Aug 15, 2019 II. Docketed Proceeding(s) 1. Docket No(s).: CP2017–96; Filing Title: USPS Notice of Amendment to Priority Mail Contract 282, Filed Under Seal; Filing Acceptance Date: August 12, 2019; Filing Authority: 39 CFR 3015.5; Public Representative: Christopher C. Mohr; Comments Due: August 20, 2019. 2. Docket No(s).: MC2019–186 and CP2019–208; Filing Title: USPS Request to Add Priority Mail & First-Class 1 See Docket No. RM2018–3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19–22 (Order No. 4679). I. Introduction II. Docketed Proceeding(s) VerDate Sep<11>2014 I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list. Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request’s acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s website (https:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3007.301.1 The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern market dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3010, and 39 CFR part 3020, subpart B. For request(s) that the Postal Service states concern competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comment deadline(s) for each request appear in section II. Jkt 247001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 42027 Package Service Contract 114 to Competitive Product List and Notice of Filing Materials Under Seal; Filing Acceptance Date: August 12, 2019; Filing Authority: 39 U.S.C. 3642, 39 CFR 3020.30 et seq., and 39 CFR 3015.5; Public Representative: Christopher C. Mohr; Comments Due: August 20, 2019. This Notice will be published in the Federal Register. Darcie S. Tokioka, Acting Secretary. [FR Doc. 2019–17673 Filed 8–15–19; 8:45 am] BILLING CODE 7710–FW–P POSTAL SERVICE Product Change—Priority Mail and First-Class Package Service Negotiated Service Agreement Postal ServiceTM. ACTION: Notice. AGENCY: The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Date of required notice: August 16, 2019. FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202–268–8405. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on August 12, 2019, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail & First-Class Package Service Contract 114 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2019–186, CP2019–208. SUMMARY: Sean Robinson, Attorney, Corporate and Postal Business Law. [FR Doc. 2019–17580 Filed 8–15–19; 8:45 am] BILLING CODE 7710–12–P SECURITIES AND EXCHANGE COMMISSION [Release Nos. 33–10670; 34–86628; File No. 265–28] Investor Advisory Committee Meeting Securities and Exchange Commission. ACTION: Notice of telephonic meeting of Securities and Exchange Commission Dodd-Frank Investor Advisory Committee. AGENCY: E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 42025-42027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17599]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 and 50-323; NRC-2019-0131]


Pacific Gas and Electric Company; Diablo Canyon Nuclear Power 
Plant, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions in response to a December 13, 2018, request from 
Pacific Gas and Electric Company (PG&E, the licensee) for Diablo Canyon 
Nuclear Power Plant (Diablo Canyon), Units 1 and 2. One exemption would 
allow the licensee to use an amount of funds from the Diablo Canyon 
Nuclear Decommissioning Trust (NDT) for decommissioning planning above 
the amount limitations specified in NRC's regulations. Another 
exemption would allow the licensee to use withdrawals from the NDT to 
fund planning activities associated with spent fuel management and site 
restoration. The NRC staff is issuing a final environmental assessment 
(EA) and final finding of no significant impact (FONSI) associated with 
the proposed exemptions.

DATES: The EA and FONSI referenced in this document are available on 
August 16, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0131 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-2019-0131. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     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: Balwant K. Singal, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-3016, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of exemptions from sections 
50.82(a)(8)(i)(A) and 50.82(a)(8)(ii) of title 10 of the Code of 
Federal Regulations (10 CFR) for Facility Operating License Nos. DPR-80 
and DPR-82, issued to PG&E for operation of Diablo Canyon, Units 1 and 
2, located in San Luis Obispo, California. The licensee requested the 
exemptions by letter dated December 13, 2018 (ADAMS Accession No. 
ML18347B552) pursuant to 10 CFR 50.12. In accordance with 10 CFR 51.21, 
the NRC prepared the following EA that analyzed the environmental 
impacts of the proposed licensing action. Based on the results of this 
EA that follow, and in accordance with 10 CFR 51.31(a), the NRC has 
determined not to prepare an environmental impact statement for these 
exemption requests and is issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would exempt PG&E from the requirements of 10 
CFR 50.82(a)(8)(i)(A) and 10 CFR 50.82(a)(8)(ii). One exemption would 
allow the licensee to use an amount of funds from the Diablo Canyon NDT 
for decommissioning planning above the amount limitations specified in 
NRC regulations for operating reactors. Another exemption would allow 
the licensee to use withdrawals from the NDT for planning activities 
associated with spent fuel management and site restoration. Overall, 
the proposed action would allow PG&E to withdraw $187.8 million ($2017) 
\1\ from the Diablo Canyon NDT to fund radiological decommissioning, 
spent fuel management, and site restoration planning activities 
necessary prior to permanent cessation of operations of Diablo Canyon, 
Units 1 and 2, in 2024 and 2025, respectively. The proposed action is 
in accordance with the licensee's application dated December 13, 2018.
---------------------------------------------------------------------------

    \1\ In its application, PG&E submitted the decommissioning costs 
in 2017 dollars to be consistent with presentation of a year-end 
asset balance in the NDT. If the NRC grants the exemptions, funds 
would be withdrawn from the NDT in nominal (current) dollars.
---------------------------------------------------------------------------

Need for the Proposed Action

    By letter dated November 27, 2018 (ADAMS Accession No. 
ML18331A553), PG&E informed the NRC of its intention to permanently 
cease operation of Diablo Canyon, Units 1 and 2, on November 2, 2024, 
and August 26, 2025, respectively.
    The requirements of 10 CFR 50.82(a)(8)(ii) restrict the use of NDT 
for decommissioning planning for operating reactors to three percent of 
the generic minimum decommissioning amount calculated, consistent with 
a formula set forth by the regulations at 10 CFR 50.75. Furthermore, as 
required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust funds may 
be used by the licensee if the withdrawals are for legitimate 
decommissioning planning activities, consistent with the definition of 
decommissioning in 10 CFR 50.2. This definition addresses radiological 
decontamination and does not include activities associated with 
irradiated fuel management or site restoration activities. Therefore, 
these regulations would limit withdrawal from the Diablo Canyon NDT to 
$37.2 million ($18.6 million per unit) and would allow spending only on 
planning activities for radiological decommissioning.
    PG&E has estimated that a total of $187.8 million ($2017) would be 
required to be spent on pre-shutdown planning activities; $148.4 
million would be for radiological decommissioning, and $39.4 million 
would be for spent fuel management and site restoration planning 
activities.

[[Page 42026]]

The estimated $148.4 million amount is more than three percent of the 
generic minimum decommissioning amount calculated, consistent with a 
formula set forth by regulations at 10 CFR 50.75. Furthermore, 
withdrawals from the decommissioning trust fund cannot be used to fund 
the PG&E estimated $39.4 million for spent fuel management and site 
restoration planning activities absent (1) a clear indication that 
monies in the fund were collected for those purposes and are clearly 
and consistently accounted for separately,\2\ or (2) an exemption from 
the requirements of 10 CFR 50.82(a)(8)(i)(A) for use of funds for those 
purposes.
---------------------------------------------------------------------------

    \2\ In 1999, some licensees reporting under 10 CFR 50.75(f) did 
not distinguish between estimates of costs to complete 
decommissioning required by the NRC (radiological decommissioning) 
and other costs associated with cleaning up the site. The NRC staff 
issued Regulatory Issue Summary 2001-07, Revision 1, ``10 CFR 50.75 
Reporting and Recordkeeping for Decommissioning Planning,'' to 
clarify for licensees the need to preserve the distinction between 
radiological decommissioning cost estimates and all other 
decommissioning cost estimates in the reports licensees must submit 
in accordance with 10 CFR 50.75.
---------------------------------------------------------------------------

    Therefore, pursuant to 10 CFR 50.12, PG&E requests exemptions from 
10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.82(a)(8)(ii) to allow withdrawal 
of a total of $187.8 million ($2017) from the Diablo Canyon NDT to fund 
radiological decommissioning, spent fuel management, and site 
restoration planning activities prior to permanent cessation of 
operations of Diablo Canyon, Units 1 and 2, in 2024 and 2025, 
respectively, to support direct transition to decommissioning upon 
permanent cessation of operations.

Environmental Impacts of the Proposed Action

    The proposed action involves exemptions from the requirements 
related to use of the NDT that are of a financial nature and allow PG&E 
to pay for decommissioning planning activities necessary to support 
direct transition to physical decommissioning upon permanent shutdown 
of Diablo Canyon, Units 1 and 2. The proposed action also allows PG&E 
to use these funds to support planning for spent fuel management and 
site restoration activities.
    The NRC has completed its evaluation and concludes that there is 
reasonable assurance that adequate funds are available in the NDT to 
complete all activities associated with radiological decommissioning. 
There is no decrease in safety associated with the NDT being used to 
fund planning activities associated with radiological decommissioning, 
spent fuel management, and site restoration. As required by 10 CFR 
50.75, PG&E has submitted a Decommissioning Funding Report for Diablo 
Canyon by letter dated March 26, 2019 (ADAMS Accession No. 
ML19094B780), which includes a site-specific decommissioning cost 
estimate for Diablo Canyon, Units 1 and 2.
    The regulations at 10 CFR 50.75 require, in part, that the report 
include the amount of decommissioning funds accumulated, modifications 
occurring to a licensee's current method of providing financial 
assurance since the last submitted report, and plans to adjust levels 
of funds assured for decommissioning to demonstrate that a reasonable 
level of assurance will be provided that funds will be available when 
needed to cover the cost of decommissioning. A licensee for a plant 
that is within five years of its projected end of operation is required 
to submit this report annually.
    The proposed action will not significantly increase the probability 
or consequences of radiological accidents. Additionally, the NRC staff 
has concluded that the proposed changes would have no direct 
radiological environmental impacts. There are no changes in the types 
or amounts of effluents that are, or may be, released offsite resulting 
from these exemptions. PG&E must continue to comply with all 
appropriate NRC regulations related to occupational and public 
radiation exposure, and thus, the exemptions will not result in an 
increase to occupational or public doses.
    With regard to the potential nonradiological environmental impacts, 
the proposed action would have no direct impacts on land use or water 
resources, including terrestrial and aquatic biota, as it involves no 
new land disturbing activities, new construction or modification of 
plant operational systems. There would be no changes to the quality or 
quantity of nonradiological effluents, and no changes to the plant's 
National Pollutant Discharge Elimination System permits would be 
needed. In addition, there would be no noticeable effect on 
socioeconomic conditions in the region, no environmental justice 
impacts, no air quality impacts, and no impacts to historic and 
cultural resources from the proposed changes. Therefore, there are no 
significant nonradiological environmental impacts associated with the 
proposed action.
    Accordingly, the NRC concludes that there will be no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of these exemption requests would result in no change in current 
environmental impacts. Therefore, the environmental impacts of the 
proposed action and alternative action are similar.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies and Persons Consulted

    On June 6, 2019, the NRC notified the State of California of this 
EA and FONSI. No additional agencies or persons were consulted 
regarding the environmental impact of the proposed action.

III. Finding of No Significant Impact

    The proposed action would exempt PG&E from the requirements of 10 
CFR 50.82(a)(8)(i)(A) and 10 CFR 50.82(a)(8)(ii) to allow PG&E to 
withdraw $187.8 million ($2017) from the Diablo Canyon NDT to fund 
radiological decommissioning, spent fuel management, and site 
restoration planning activities. The proposed action would not 
significantly affect plant safety, would not have a significant adverse 
effect on the probability of an accident occurring, and would not have 
any significant radiological or non-radiological impacts. The reason 
the human environment would not be significantly affected is that the 
proposed action involves an exemption from requirements that are of a 
financial nature that do not have an impact on the human environment.
    The related environmental document is the Diablo Canyon Final 
Environmental Statement dated May 1973 (ADAMS Accession No. 
ML15043A481),\3\ which provides the latest environmental review of 
operations of Diablo Canyon, Units 1 and 2.
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    \3\ Final Environmental Statement Related to the Nuclear 
Generating Station Diablo Canyon, Units 1 and 2, Pacific Gas and 
Electric Company, Docket Nos. 50-275 and 50-323, May 1973.
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    Consistent with 10 CFR 51.21, the NRC conducted the EA for the 
proposed action, which concluded that there will be no significant 
environmental impacts associated with the proposed action. This FONSI 
incorporates by reference the EA included in Section II of this 
document. Accordingly, the NRC has decided not to prepare an

[[Page 42027]]

environmental impact statement for the proposed action.
    The finding and other related environmental documents may be 
examined, and/or copied for a fee, at the NRC's Public Document Room 
(PDR), located at One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852. Publicly available records are accessible 
electronically from ADAMS Public Electronic Reading Room on the 
internet at the NRC's website: https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS should contact the 
NRC's PDR Reference staff by telephone at 1-800-397-4209 or 301-415-
4737, or by email to [email protected].

    Dated at Rockville, Maryland, this 12th day of August 2019.

    For the Nuclear Regulatory Commission.
Balwant K. Singal,
Senior Project Manager, Plant Licensing Branch IV, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2019-17599 Filed 8-15-19; 8:45 am]
 BILLING CODE 7590-01-P
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