NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center, 47255-47258 [2020-16936]

Download as PDF Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices The NRC should include conforming changes based on this new guidance in the LR GEIS. • Incorporate NEI 17–04 guidance and revised BEIR VII report (update LR GEIS to address this new information)— Incorporate Nuclear Energy Institute (NEI) guidance NEI 17–04, Revision 1, ‘‘Model SLR New and Significant Assessment Approach for SAMA,’’ on identifying and considering new and significant information with respect to a prior severe accident mitigation alternatives (SAMA) analysis and new information from revised Biological Effects of Ionizing Radiation (BEIR) published BEIR–VII, entitled ‘‘Health Risks from Exposure to Low Levels of Ionizing Radiation’’ (National Research Council Committee). Also, the LR GEIS should address nuclear power plants that did not use NEI 05–01, Revision A, ‘‘Severe Accident Mitigation Alternatives (SAMA) Analysis, Guidance Document.’’ The NRC should include this information in the LR GEIS. • New and significant information (update LR GEIS to address this issue)— Explain meaning and purpose of new and significant in LR GEIS for clarity and consistency. The NRC should include this information in the LR GEIS. • Include the environmental impacts of new large light water (LLW) reactors holding an operating license, construction permit, or combined jbell on DSKJLSW7X2PROD with NOTICES Meeting license after June 30, 1995 (e.g., Vogtle 3 & 4) (update LR GEIS to address this issue)—Vogtle LLW Units 3 and 4 are nearing completion and the licensee could consider applying for license renewal at some future date. The NRC should include license renewal environmental reviews for LLW reactor facilities permitted for construction after June 30, 1995 in the LR GEIS. • Advanced and/or small modular reactors (SMRs) (update LR GEIS to address this issue)—An advanced reactor and SMR licensee could consider applying for license renewal. The NRC should include license renewal environmental reviews for advanced reactors and SMR facilities in the LR GEIS. • Consideration of the environmental impacts of license renewal beyond the 20-year license renewal term (update LR GEIS to address this issue)—The Atomic Energy Act of 1954, as amended, allows the NRC to grant nuclear power plant operating licenses for up to 40 years. NRC regulations allow for the renewal of operating reactor licenses for an additional 20 years beyond the current licensing period. The staff is in the early stages of evaluating whether to extend the operating reactor license renewal period from 20 years to a maximum of 40 years. Should the impacts analysis in the LR GEIS consider the environmental impacts of license renewal beyond the Date Public Webinar ....... 8/19/2020 6:30 p.m. to 9:00 p.m. (EDT) ......... Public Webinar ....... 8/27/2020 1:30 p.m. to 4:00 p.m. (EDT) ......... Public Webinar ....... 8/27/2020 6:30 p.m. to 9:00 p.m. (EDT) ......... For the Nuclear Regulatory Commission Robert B. Elliott, Chief, Environmental Review License Renewal Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2020–16952 Filed 8–3–20; 8:45 am] BILLING CODE 7590–01–P PO 00000 NUCLEAR REGULATORY COMMISSION [Docket No. 50–331; NRC–2020–0176] NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center 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 an exemption in response to a February 25, 2020, as supplemented SUMMARY: Dated: July 30, 2020. Jkt 250001 In accordance with 10 CFR 51.26(b), the scoping process may include a public scoping meeting to help identify significant issues related to a proposed action and to determine the scope of issues to be addressed. Since this is a generic environmental review activity, the NRC will hold four public webinars for the LR GEIS update. Each webinar will be held online and will offer a telephone line for members of the public to submit comments. A court reporter will transcribe (record) all comments received during the webinar. To be considered, comments must be provided either at the transcribed public meeting or in writing, as discussed in the ADDRESSES section of this notice. The dates and times for the public webinars follow: Webinar Information: https://usnrc.webex.com. Event Number: 199 475 8415. Event Password: LRGEIS. Telephone Bridge Line: 1– 888–989–9766. Participant Passcode: 9050307. Webinar Information: https://usnrc.webex.com. Event Number: 199 208 1309. Event Password: LRGEIS. Telephone Bridge Line: 1– 800–369–2104. Participant Passcode: 1290865. Webinar Information: https://usnrc.webex.com. Event Number: 199 592 7925. Event Password: LRGEIS30. Telephone Bridge Line: 1–888–995–9725. Participant Passcode: 3382561. Webinar Information: https://usnrc.webex.com. Event Number: 199 389 0782. Event Password: LRGEIS30. Telephone Bridge Line: 1–888–787–0206. Participant Passcode: 8529023. 1:30 p.m. to 4:00 p.m. (EDT) ......... 18:14 Aug 03, 2020 V. Public Scoping Webinars Location 8/19/2020 VerDate Sep<11>2014 current regulatory limit of 20 years (e.g., up to a maximum of 40 years)? The NRC is reviewing the Council on Environmental Quality’s final rule, ‘‘Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act’’ (85 FR 43304; July 16, 2020) to determine what effect they may have on the LR GEIS update—should the NRC ultimately decide, based on its review and public comment, to update the LR GEIS. Time Public Webinar ....... Persons interested in attending this webinar should monitor the NRC’s Public Meeting Schedule web page at https://www.nrc.gov/pmns/mtg for additional information, agendas for the meetings, and access information for the webinar. Participants should register in advance of the meeting by visiting the website (https://usnrc.webex.com) and using the event number provided above. A confirmation email will be generated providing additional details and a link to the webinar. 47255 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 jbell on DSKJLSW7X2PROD with NOTICES 47256 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices by letter dated May 29, 2020, request from NextEra Energy Duane Arnold, LLC (NEDA, the licensee) for Duane Arnold Energy Center (DAEC). The exemption would permit the licensee to use funds from the DAEC decommissioning trust fund (DTF, the Trust) for spent fuel management activities and site restoration. The exemption would also allow such withdrawals without prior notification to the NRC. The NRC staff is issuing a final Environmental Assessment (EA) and final Finding of No Significant Impact (FONSI) associated with the proposed exemption. DATES: The EA and FONSI referenced in this document are available on August 4, 2020. ADDRESSES: Please refer to Docket ID NRC–2020–0176 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–2020–0176. Address questions about NRC docket IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in the Availability of Documents section of this document. FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–2855; email: Scott.Wall@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The NRC is considering issuance of an exemption from sections VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of Federal Regulations (10 CFR) for Renewed Facility Operating License No. DPR–49, issued to NEDA for DAEC, located in Linn County, Iowa. The licensee requested the exemption by letter dated February 25, 2020 (ADAMS Accession No. ML20056E054), as supplemented by letter dated May 29, 2020 (ADAMS Accession No. ML20153A371). The exemption would allow the licensee to use funds from the Trust for spent fuel management and site restoration activities, in the same manner that funds from the Trust are used under 10 CFR 50.82(a)(8) for decommissioning activities. In accordance with 10 CFR 51.21, the NRC prepared the following EA that analyzes the environmental impacts of the proposed action. Based on the results of this EA, which are provided in Section II, and in accordance with 10 CFR 51.31(a), the NRC has determined not to prepare an environmental impact statement for the proposed licensing action and is issuing a FONSI. II. Environmental Assessment Description of the Proposed Action The proposed action would partially exempt NEDA from the requirements set forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv). Specifically, the proposed action would allow NEDA to use funds from the Trust for spent fuel management and site restoration activities not associated with radiological decommissioning and would exempt NEDA from the requirement for prior notification to the NRC for these activities. The proposed action is in accordance with the licensee’s application dated February 25, 2020, as supplemented by letter dated May 29, 2020. Need for the Proposed Action By letter dated January 18, 2019 (ADAMS Accession No. ML19023A196), NEDA submitted to the NRC a certification in accordance with 10 CFR 50.82(a)(1)(i), stating its determination to permanently cease power operations at DAEC in the fourth quarter of 2020. By letter dated March 2, 2020 (ADAMS Accession No. ML20062E489), NEDA updated this certification, stating that it plans to permanently cease power operations at DAEC on October 30, 2020. 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 activity expenses, consistent with the definition of PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 decommissioning in 10 CFR 50.2. This definition addresses radiological decommissioning and does not include activities associated with spent fuel management or site restoration. Similarly, the requirements of 10 CFR 50.75(h)(1)(iv) restrict the use of decommissioning trust fund disbursements (other than for ordinary and incidental expenses) to decommissioning expenses until final decommissioning has been completed. Therefore, exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) is needed to allow NEDA to use funds from the Trust for spent fuel management and site restoration activities. NEDA stated that Table 1 of Attachment 1 of the application dated February 25, 2020, demonstrates that the Trust contains the amount needed to cover the estimated costs of radiological decommissioning, as well as spent fuel management and site restoration activities. The adequacy of funds in the Trust to cover the costs of activities associated with spent fuel management, site restoration, and radiological decommissioning through license termination is supported by the DAEC Post-Shutdown Decommissioning Activities Report and site-specific Decommissioning Cost Estimate submitted by NEDA in a letter dated April 2, 2020 (ADAMS Accession No. ML20094F603). The licensee stated that it needs access to the funds in the Trust in excess of those needed for radiological decommissioning to support spent fuel management and site restoration activities not associated with radiological decommissioning. The requirements of 10 CFR 50.75(h)(1)(iv) further provide that, except for withdrawals being made under 10 CFR 50.82(a)(8) or for payments of ordinary administrative costs and other incidental expenses of the Trust in connection with the operation of the Trust, no disbursement may be made from the Trust without written notice to the NRC at least 30 working days in advance. Therefore, an exemption from 10 CFR 50.75(h)(1)(iv) is also needed to allow NEDA to use funds from the Trust for spent fuel management and site restoration activities without prior NRC notification. In summary, by letter dated February 25, 2020, as supplemented by letter dated May 29, 2020, NEDA requested an exemption to allow Trust withdrawals, without prior written notification to the NRC, for spent fuel management and site restoration activities. E:\FR\FM\04AUN1.SGM 04AUN1 47257 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices Environmental Impacts of the Proposed Action The proposed action involves an exemption from regulatory requirements that are of a financial or administrative nature and that do not have an impact on the environment. The NRC has completed its evaluation of the proposed action and concludes that there is reasonable assurance that adequate funds are available in the Trust to complete all activities associated with radiological decommissioning as well as spent fuel management and site restoration. There is no decrease in safety associated with the use of the Trust to also fund activities associated with spent fuel management and site restoration. Section 50.82(a)(8)(v) of 10 CFR requires a licensee to submit a financial assurance status report annually between the time of submitting its sitespecific decommissioning cost estimate and submitting its final radiation survey and demonstrating that residual radioactivity has been reduced to a level that permits termination of its license. Section 50.82(a)(8)(vi) of 10 CFR requires that if the remaining balance, plus expected rate of return, plus any other financial surety mechanism does not cover the estimated cost to complete radiological decommissioning, additional financial assurance must be provided to cover the cost of completion. These annual reports provide a means for the NRC to continually monitor the adequacy of available funding. Since the exemption would allow NEDA to use funds from the Trust that are in excess of those required for radiological decommissioning, the adequacy of the funds dedicated for radiological decommissioning are not affected by the proposed exemption. Therefore, there is reasonable assurance that there will be no environmental impact due to lack of adequate funding for radiological decommissioning. The proposed action will not significantly increase the probability or consequences of radiological accidents. The NRC staff has concluded that the proposed action has no direct radiological impacts. There would be no change to the types or amounts of radiological effluents that may be released; therefore, there would be no change in occupational or public radiation exposure from the proposed action. There are no materials or chemicals introduced into the plant that could affect the characteristics or types of effluents released offsite. In addition, the method of operation of waste processing systems would not be affected by the exemption. The proposed action will not result in changes to the design basis requirements of structures, systems, and components (SSCs) that function to limit or monitor the release of effluents. All the SSCs associated with limiting the release of effluents will continue to be able to perform their functions. Moreover, no changes would be made to plant buildings or the site property from the proposed action. Therefore, there are no significant radiological environmental impacts associated with the proposed action. With regard to potential nonradiological 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 construction or modification of plant operational systems. There would be no changes to the quality or quantity of nonradiological effluents and no changes to the plant’s National Pollutant Discharge Elimination System permits would be needed. In addition, there would be no noticeable effect on socioeconomic conditions in the region, no environment justice impacts, no air quality impacts, and no impacts to historic and cultural resources from the proposed action. Therefore, there are no significant non-radiological environment impacts associated with the proposed action. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the NRC staff considered denial of the proposed action (i.e., the ‘‘noaction’’ alternative). Denial of the proposed action would result in no change in current environmental impacts. The environmental impacts of the proposed action and the alternative action are similar. Alternative Use of Resources There are no unresolved conflicts concerning alternative uses of available resources under the proposed action. Agencies or Persons Consulted No additional agencies or persons were consulted regarding the environmental impact of the proposed action. On July 10, 2020, the NRC notified Iowa State representatives of the EA and FONSI. III. Finding of No Significant Impact The licensee has requested an exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv), which would allow NEDA to use funds from the Trust for spent fuel management and site restoration activities, without prior written notification to the NRC. The proposed action would not significantly affect plant safety, would not have a significant adverse effect on the probability of an accident occurring, and would not have any significant radiological or 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 or administrative nature and that do not have an impact on the human environment. Consistent with 10 CFR 51.21, the NRC conducted the EA for the proposed action, and this FONSI incorporates by reference the EA included in Section II. Therefore, the NRC concludes that the proposed action will not have significant effects on the quality of the human environment. Accordingly, the NRC has determined not to prepare an environmental impact statement for the proposed action. Other than the licensee’s letter dated February 25, 2020, as supplemented by letter dated May 29, 2020, there are no other environmental documents associated with this review. These documents are available for public inspection as indicated in Section I. Previous considerations regarding the environmental impacts of operating DAEC are described in the ‘‘Final Environmental Statement Related to Operation of Duane Arnold Energy Center,’’ dated March 1973 (ADAMS Accession No. ML091200609) and NUREG–1437, Supplement 42, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Duane Arnold Energy Center,’’ Final Report, dated October 2010 (ADAMS Accession No. ML102790308). IV. Availability of Documents ADAMS Accession No. Date Title 2/25/2020 ....................... Letter from NEDA to NRC titled ‘‘Request for Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv)’’. VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1 ML20056E054 47258 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices Title 5/29/2020 ....................... Letter from NEDA to NRC titled ‘‘Response to Request for Additional Information (RAI)—Request for Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv)’’. Letter from NEDA to NRC titled ‘‘Post Shutdown Decommissioning Activities Report’’ ..................... Letters from NEDA to NRC titled ‘‘Certification of Permanent Cessation of Power Operations’’ ....... 4/2/2020 ......................... 3/2/2020 ......................... 1/18/2019 ....................... 10/2010 .......................... 3/1973 ............................ NUREG–1437, Supplement 42, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Duane Arnold Energy Center,’’ Final Report. ‘‘Final Environmental Statement Related to Operation of Duane Arnold Energy Center’’ .................. Dated: July 30, 2020. For the Nuclear Regulatory Commission Scott P. Wall, Senior Project Manager, Plant Licensing Branch III, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2020–16936 Filed 8–3–20; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. CP2020–234] 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 6, 2020. SUMMARY: Submit comments electronically via the Commission’s Filing Online system at http:// 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction jbell on DSKJLSW7X2PROD with NOTICES ADAMS Accession No. Date 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 VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 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 (http:// 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 3011.301.1 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 3030, and 39 CFR part 3040, 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 3035, and 39 CFR part 3040, subpart B. Comment deadline(s) for each request appear in section II. II. Docketed Proceeding(s) 1. Docket No(s).: CP2020–234; Filing Title: Notice of United States Postal Service of Filing a Functionally Equivalent Global Reseller Expedited Package 2 Negotiated Service Agreement and Application for Non-Public Treatment of Materials Filed Under 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). PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 ML20153A371 ML20094F603 ML20062E489 ML19023A196 ML102790308 ML091200609 Seal; Filing Acceptance Date: July 29, 2020; Filing Authority: 39 CFR 3035.105; Public Representative: Gregory Stanton; Comments Due: August 6, 2020. This Notice will be published in the Federal Register. Erica A. Barker, Secretary. [FR Doc. 2020–16934 Filed 8–3–20; 8:45 am] BILLING CODE 7710–FW–P POSTAL SERVICE Privacy Act of 1974; System of Records Postal Service. Notice of a modified system of AGENCY: ACTION: records. The United States Postal ServiceTM (USPSTM) is proposing to revise one General Privacy Act Systems of Records and one Customer Privacy Act Systems of Records. These updates are being made to facilitate the implementation of web-based collaboration and communication applications. SUMMARY: These revisions will become effective without further notice on September 3, 2020, unless comments received on or before that date result in a contrary determination. ADDRESSES: Comments may be submitted via email to the Privacy and Records Management Office, United States Postal Service Headquarters (privacy@usps.gov). Arrangements to view copies of any written comments received, to facilitate public inspection, will be made upon request. FOR FURTHER INFORMATION CONTACT: Janine Castorina, Chief Privacy and Records Management Officer, Privacy and Records Management Office, 202– 268–3069 or privacy@usps.gov. SUPPLEMENTARY INFORMATION: This notice is in accordance with the Privacy Act requirement that agencies publish their systems of records in the Federal Register when there is a revision, DATES: E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47255-47258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16936]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-331; NRC-2020-0176]


NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center

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 an exemption in response to a February 25, 2020, as 
supplemented

[[Page 47256]]

by letter dated May 29, 2020, request from NextEra Energy Duane Arnold, 
LLC (NEDA, the licensee) for Duane Arnold Energy Center (DAEC). The 
exemption would permit the licensee to use funds from the DAEC 
decommissioning trust fund (DTF, the Trust) for spent fuel management 
activities and site restoration. The exemption would also allow such 
withdrawals without prior notification to the NRC. The NRC staff is 
issuing a final Environmental Assessment (EA) and final Finding of No 
Significant Impact (FONSI) associated with the proposed exemption.

DATES: The EA and FONSI referenced in this document are available on 
August 4, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0176 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-2020-0176. 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 reference staff at 1-800-397-4209, 301-415-4737, or by 
email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document. In addition, for the 
convenience of the reader, the ADAMS accession numbers are provided in 
a table in the Availability of Documents section of this document.

FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear 
Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2855; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of an exemption from sections 
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of 
Federal Regulations (10 CFR) for Renewed Facility Operating License No. 
DPR-49, issued to NEDA for DAEC, located in Linn County, Iowa. The 
licensee requested the exemption by letter dated February 25, 2020 
(ADAMS Accession No. ML20056E054), as supplemented by letter dated May 
29, 2020 (ADAMS Accession No. ML20153A371). The exemption would allow 
the licensee to use funds from the Trust for spent fuel management and 
site restoration activities, in the same manner that funds from the 
Trust are used under 10 CFR 50.82(a)(8) for decommissioning activities. 
In accordance with 10 CFR 51.21, the NRC prepared the following EA that 
analyzes the environmental impacts of the proposed action. Based on the 
results of this EA, which are provided in Section II, and in accordance 
with 10 CFR 51.31(a), the NRC has determined not to prepare an 
environmental impact statement for the proposed licensing action and is 
issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would partially exempt NEDA from the 
requirements set forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(1)(iv). Specifically, the proposed action would allow NEDA to 
use funds from the Trust for spent fuel management and site restoration 
activities not associated with radiological decommissioning and would 
exempt NEDA from the requirement for prior notification to the NRC for 
these activities.
    The proposed action is in accordance with the licensee's 
application dated February 25, 2020, as supplemented by letter dated 
May 29, 2020.

Need for the Proposed Action

    By letter dated January 18, 2019 (ADAMS Accession No. ML19023A196), 
NEDA submitted to the NRC a certification in accordance with 10 CFR 
50.82(a)(1)(i), stating its determination to permanently cease power 
operations at DAEC in the fourth quarter of 2020. By letter dated March 
2, 2020 (ADAMS Accession No. ML20062E489), NEDA updated this 
certification, stating that it plans to permanently cease power 
operations at DAEC on October 30, 2020.
    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 activity expenses, consistent with the definition of 
decommissioning in 10 CFR 50.2. This definition addresses radiological 
decommissioning and does not include activities associated with spent 
fuel management or site restoration. Similarly, the requirements of 10 
CFR 50.75(h)(1)(iv) restrict the use of decommissioning trust fund 
disbursements (other than for ordinary and incidental expenses) to 
decommissioning expenses until final decommissioning has been 
completed. Therefore, exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 
CFR 50.75(h)(1)(iv) is needed to allow NEDA to use funds from the Trust 
for spent fuel management and site restoration activities.
    NEDA stated that Table 1 of Attachment 1 of the application dated 
February 25, 2020, demonstrates that the Trust contains the amount 
needed to cover the estimated costs of radiological decommissioning, as 
well as spent fuel management and site restoration activities. The 
adequacy of funds in the Trust to cover the costs of activities 
associated with spent fuel management, site restoration, and 
radiological decommissioning through license termination is supported 
by the DAEC Post-Shutdown Decommissioning Activities Report and site-
specific Decommissioning Cost Estimate submitted by NEDA in a letter 
dated April 2, 2020 (ADAMS Accession No. ML20094F603). The licensee 
stated that it needs access to the funds in the Trust in excess of 
those needed for radiological decommissioning to support spent fuel 
management and site restoration activities not associated with 
radiological decommissioning.
    The requirements of 10 CFR 50.75(h)(1)(iv) further provide that, 
except for withdrawals being made under 10 CFR 50.82(a)(8) or for 
payments of ordinary administrative costs and other incidental expenses 
of the Trust in connection with the operation of the Trust, no 
disbursement may be made from the Trust without written notice to the 
NRC at least 30 working days in advance. Therefore, an exemption from 
10 CFR 50.75(h)(1)(iv) is also needed to allow NEDA to use funds from 
the Trust for spent fuel management and site restoration activities 
without prior NRC notification.
    In summary, by letter dated February 25, 2020, as supplemented by 
letter dated May 29, 2020, NEDA requested an exemption to allow Trust 
withdrawals, without prior written notification to the NRC, for spent 
fuel management and site restoration activities.

[[Page 47257]]

Environmental Impacts of the Proposed Action

    The proposed action involves an exemption from regulatory 
requirements that are of a financial or administrative nature and that 
do not have an impact on the environment. The NRC has completed its 
evaluation of the proposed action and concludes that there is 
reasonable assurance that adequate funds are available in the Trust to 
complete all activities associated with radiological decommissioning as 
well as spent fuel management and site restoration. There is no 
decrease in safety associated with the use of the Trust to also fund 
activities associated with spent fuel management and site restoration. 
Section 50.82(a)(8)(v) of 10 CFR requires a licensee to submit a 
financial assurance status report annually between the time of 
submitting its site-specific decommissioning cost estimate and 
submitting its final radiation survey and demonstrating that residual 
radioactivity has been reduced to a level that permits termination of 
its license. Section 50.82(a)(8)(vi) of 10 CFR requires that if the 
remaining balance, plus expected rate of return, plus any other 
financial surety mechanism does not cover the estimated cost to 
complete radiological decommissioning, additional financial assurance 
must be provided to cover the cost of completion. These annual reports 
provide a means for the NRC to continually monitor the adequacy of 
available funding. Since the exemption would allow NEDA to use funds 
from the Trust that are in excess of those required for radiological 
decommissioning, the adequacy of the funds dedicated for radiological 
decommissioning are not affected by the proposed exemption. Therefore, 
there is reasonable assurance that there will be no environmental 
impact due to lack of adequate funding for radiological 
decommissioning.
    The proposed action will not significantly increase the probability 
or consequences of radiological accidents. The NRC staff has concluded 
that the proposed action has no direct radiological impacts. There 
would be no change to the types or amounts of radiological effluents 
that may be released; therefore, there would be no change in 
occupational or public radiation exposure from the proposed action. 
There are no materials or chemicals introduced into the plant that 
could affect the characteristics or types of effluents released 
offsite. In addition, the method of operation of waste processing 
systems would not be affected by the exemption. The proposed action 
will not result in changes to the design basis requirements of 
structures, systems, and components (SSCs) that function to limit or 
monitor the release of effluents. All the SSCs associated with limiting 
the release of effluents will continue to be able to perform their 
functions. Moreover, no changes would be made to plant buildings or the 
site property from the proposed action. Therefore, there are no 
significant radiological environmental impacts associated with the 
proposed action.
    With regard to potential non-radiological 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 
construction or modification of plant operational systems. There would 
be no changes to the quality or quantity of non-radiological effluents 
and no changes to the plant's National Pollutant Discharge Elimination 
System permits would be needed. In addition, there would be no 
noticeable effect on socioeconomic conditions in the region, no 
environment justice impacts, no air quality impacts, and no impacts to 
historic and cultural resources from the proposed action. Therefore, 
there are no significant non-radiological environment impacts 
associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

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

Alternative Use of Resources

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

Agencies or Persons Consulted

    No additional agencies or persons were consulted regarding the 
environmental impact of the proposed action. On July 10, 2020, the NRC 
notified Iowa State representatives of the EA and FONSI.

III. Finding of No Significant Impact

    The licensee has requested an exemption from 10 CFR 
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv), which would allow NEDA to 
use funds from the Trust for spent fuel management and site restoration 
activities, without prior written notification to the NRC. The proposed 
action would not significantly affect plant safety, would not have a 
significant adverse effect on the probability of an accident occurring, 
and would not have any significant radiological or 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 or administrative nature and that 
do not have an impact on the human environment. Consistent with 10 CFR 
51.21, the NRC conducted the EA for the proposed action, and this FONSI 
incorporates by reference the EA included in Section II. Therefore, the 
NRC concludes that the proposed action will not have significant 
effects on the quality of the human environment. Accordingly, the NRC 
has determined not to prepare an environmental impact statement for the 
proposed action.
    Other than the licensee's letter dated February 25, 2020, as 
supplemented by letter dated May 29, 2020, there are no other 
environmental documents associated with this review. These documents 
are available for public inspection as indicated in Section I.
    Previous considerations regarding the environmental impacts of 
operating DAEC are described in the ``Final Environmental Statement 
Related to Operation of Duane Arnold Energy Center,'' dated March 1973 
(ADAMS Accession No. ML091200609) and NUREG-1437, Supplement 42, 
``Generic Environmental Impact Statement for License Renewal of Nuclear 
Plants: Regarding Duane Arnold Energy Center,'' Final Report, dated 
October 2010 (ADAMS Accession No. ML102790308).

IV. Availability of Documents

------------------------------------------------------------------------
            Date                      Title          ADAMS Accession No.
------------------------------------------------------------------------
2/25/2020...................  Letter from NEDA to   ML20056E054
                               NRC titled
                               ``Request for
                               Exemptions from 10
                               CFR
                               50.82(a)(8)(i)(A)
                               and 10 CFR
                               50.75(h)(1)(iv)''.

[[Page 47258]]

 
5/29/2020...................  Letter from NEDA to   ML20153A371
                               NRC titled
                               ``Response to
                               Request for
                               Additional
                               Information (RAI)--
                               Request for
                               Exemptions from 10
                               CFR
                               50.82(a)(8)(i)(A)
                               and 10 CFR
                               50.75(h)(1)(iv)''.
4/2/2020....................  Letter from NEDA to   ML20094F603
                               NRC titled ``Post
                               Shutdown
                               Decommissioning
                               Activities Report''.
3/2/2020....................  Letters from NEDA to  ML20062E489
1/18/2019...................   NRC titled           ML19023A196
                               ``Certification of
                               Permanent Cessation
                               of Power
                               Operations''.
10/2010.....................  NUREG-1437,           ML102790308
                               Supplement 42,
                               ``Generic
                               Environmental
                               Impact Statement
                               for License Renewal
                               of Nuclear Plants:
                               Regarding Duane
                               Arnold Energy
                               Center,'' Final
                               Report.
3/1973......................  ``Final               ML091200609
                               Environmental
                               Statement Related
                               to Operation of
                               Duane Arnold Energy
                               Center''.
------------------------------------------------------------------------


    Dated: July 30, 2020.

    For the Nuclear Regulatory Commission
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-16936 Filed 8-3-20; 8:45 am]
BILLING CODE 7590-01-P