Notice of Intent To Review and Update the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, 47252-47255 [2020-16952]
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47252
Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
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Participants filing adjudicatory
documents in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘cancel’’ when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
If a person other than Dr. Melinda
Krahenbuhl requests a hearing, that
person shall set forth with particularity
the manner in which his or her interest
is adversely affected by this CO and
shall address the criteria set forth in 10
CFR 2.309(d) and (f).
If a hearing request is granted to a
person whose interest is adversely
affected, the Commission will issue an
order designating the time and place of
any hearings. If a hearing is held, the
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issue to be considered at such hearing
shall be whether this CO should be
sustained.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section V above shall be final 30 days
from the date of this CO without further
order or proceedings. If an extension of
time for requesting a hearing has been
approved, the provisions specified in
Section V shall be final when the
extension expires if a hearing request
has not been received.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Dated this 27th day of July 2020.
[FR Doc. 2020–16907 Filed 8–3–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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[NRC–2020–0175]
Notice of Intent To Review and Update
the Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants
Nuclear Regulatory
Commission.
ACTION: Public scoping meetings and
request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) intends to gather
information through the public scoping
process to support the review to
determine whether to update NUREG–
1437, ‘‘Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants—Final Report’’ (LR
GEIS). The NRC is seeking public input
on the proposed action and has
scheduled public scoping meetings.
DATES: Submit comments by November
2, 2020. Comments received after this
date will be considered if it is practical
to do so, but the Commission is able to
ensure consideration only for comments
received on or before this date. The NRC
will hold four public webinars on
August 19, 2020 and August 27, 2020
from 1:30 p.m. to 4:00 p.m. EDT and
6:30 p.m. to 9:00 p.m. EDT.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0175. 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
SUMMARY:
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in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Email comments to:
LicenseRenewal-GEIS@nrc.gov.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Jennifer A. Davis, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–3835; email: Jennifer.Davis@
nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2020–
0175 when contacting the NRC about
the availability of information regarding
this document. You may obtain
publicly-available information related to
this document by any of the following
methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0175.
• 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 herein (if
that document is available in ADAMS)
is provided the first time that a
document is referenced. All revisions of
NUREG–1437, ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Plants’’ can be found in
ADAMS under the following accession
numbers: NUREG–1437, Vol. 1 and 2,
dated May 1996 (ADAMS Accession
Nos. ML040690705 and ML040690738,
respectively); NUREG–1437, Addendum
1, dated August 1999 (ADAMS
Accession No. ML040690720); and
NUREG–1437, Vol. 1, 2, and 3, Rev. 1,
dated June 2013 (ADAMS Package
Accession No. ML13107A023).
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B. Submitting Comments
Please include Docket ID NRC–2020–
0175 in the subject line of your
comment submission in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Discussion
In 1986, the NRC initiated a program
to develop license renewal regulations
and associated regulatory guidance in
anticipation of receiving applications
for the renewal of nuclear power plant
operating licenses. The Atomic Energy
Act of 1954, as amended authorizes the
NRC to issue commercial nuclear power
plant operating licenses for up to 40
years, and NRC’s regulations allow for
the renewal of these operating licenses
for up to an additional 20 years. There
are no specific limitations in the Atomic
Energy Act or the NRC’s regulations
restricting the number of times a license
may be renewed. The license renewal
process includes reviewing the license
renewal application, conducting safety
and environmental reviews, and then, if
all applicable safety standards are met,
renewing the license. The review
proceeds along two independent
regulatory tracks: One considers safety
issues and the other environmental
issues. The reviews are directed by
regulations designed to ensure safe
operation and protection of the
environment during the license renewal
term. The NRC’s regulations for the
safety review are set forth in part 54 of
title 10 of the Code of Federal
Regulations (10 CFR). The NRC’s
environmental protection regulations
implementing Section 102(2) of the
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47253
National Environmental Policy Act
(NEPA) are set forth in 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions.’’ Renewal of a
nuclear power plant operating license
also requires the preparation of a safety
evaluation report and an environmental
impact statement (EIS) (10 CFR
51.20(b)(2)).
The LR GEIS summarizes the findings
of a systematic inquiry into the
environmental impacts of continued
operations and refurbishment activities
associated with license renewal. Of the
78 environmental NEPA issues
identified and analyzed by the NRC, 59
issues were determined to be generic
(i.e., Category 1); 19 issues were
determined to be nuclear power plantspecific (i.e., Category 2); and one issue,
‘‘Electromagnetic fields, chronic
effects,’’ is uncategorized. Category 1
issues concern those potential
environmental impacts resulting from
license renewal that are common or
generic to all nuclear power plants (or
for some issues, to plants having a
specific type of cooling system or other
specified plant or site characteristic).
Category 2 issues concern those
potential environmental impacts
resulting from license renewal that do
not meet the criteria for a Category 1
issue and, as such, require a plantspecific analysis to determine the level
of impact. The uncategorized issue
would also be addressed by the NRC in
each plant-specific supplemental EIS.
Impact levels (small, moderate, or
large) have been determined for most
NEPA issues (e.g., land use, air, water)
evaluated in the LR GEIS. A small
impact means that the environmental
effects are not detectable or are so minor
that they would neither destabilize nor
noticeably alter any important attribute
of the resource. A moderate impact
means that the environmental effects are
sufficient to alter noticeably, but not
destabilize, important attributes of the
resource. A large impact means that the
environmental effects would be clearly
noticeable and would be sufficient to
destabilize important attributes of the
resource.
The LR GEIS has been effective in
focusing the NRC’s resources on
important license renewal
environmental impact issues and has
increased the efficiency of the
environmental review process.
Currently, 94 nuclear units at 59 plant
sites have received renewed operating
licenses; 4 units at 2 plant sites have
received subsequent (second) renewed
operating licenses.
During the review of the LR GEIS, the
NRC will re-evaluate potential
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environmental impacts and apply
lessons learned and knowledge gained
during previous license renewal
environmental reviews. In addition,
public comments received during
previous license renewal environmental
reviews will be re-examined to validate
existing environmental NEPA issues
and identify new ones. Upon
completion of the review, the NRC will
consider the need to modify, add to,
consolidate, or delete any of the 78
environmental NEPA issues currently
evaluated in the LR GEIS.
In the introductory remarks to
appendix B to subpart A of part 51,
‘‘Environmental Effects of Renewing the
Operating License of a Nuclear Power
Plant,’’ the Commission stated that, on
a 10-year cycle, it intends to review the
material in Table B–1 and update it, if
necessary. The previous revision cycle
was completed with the issuance of a
final rule and LR GEIS, Revision 1, on
June 20, 2013 (78 FR 37281). Should the
NRC proceed with an update to the LR
GEIS, and a final rule to codify the
update, the NRC’s goal is to complete
this effort by the end of 2023.
III. Request for Comments
This notice informs the public of the
NRC’s intention to review and update
the LR GEIS and provide the public
with an opportunity to comment on the
review and propose areas for update.
This step is the initial opportunity for
the public to participate in the review
by means of the environmental scoping
process, as defined in 10 CFR 51.29,
‘‘Scoping-environmental impact
statement and supplement to
environmental impact statement.’’ At
the conclusion of the scoping period,
the NRC will consider the results of its
review and public comments to
determine whether to proceed with the
update. The NRC will also publish a
concise summary (scoping summary
report) of its determinations and
conclusions reached. Environmental
reviews will continue under the current
NRC NEPA regulatory framework
throughout the course of this effort. If
the NRC determines that an update is
not necessary, notice of this decision
will be published in the Federal
Register.
For each license renewal review,
impacts requiring nuclear power plantspecific analysis must be analyzed by
the applicant in its environmental
report and by the NRC in a
supplemental EIS. The NRC prepares a
supplement to the LR GEIS during each
license renewal review that evaluates
the environmental impacts specific to
that nuclear power plant. Supplemental
EISs may be useful during the scoping
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process, helping public participants
understand the environmental review
process and the NEPA issues associated
with license renewal. Supplements to
the LR GEIS can be viewed on the NRC’s
website at https://www.nrc.gov/readingrm/doc-collections/nuregs/staff/sr1437/.
The NRC will first conduct scoping,
document its determinations in a
concise scoping summary report, and
will then prepare a draft updated LR
GEIS for public comment. Participation
in the scoping process by members of
the public and local, State, Tribal, and
Federal government agencies is
encouraged. The scoping process will be
used to accomplish the following:
a. Determine whether to update the
LR GEIS;
b. Define the proposed action;
c. Determine the scope of the update
and identify significant issues to be
analyzed in depth;
d. Identify and eliminate from
detailed study issues that are peripheral
or are not significant; or were covered
by a prior environmental review;
e. Identify environmental assessments
and other ElSs under development or
consideration related to the scope of the
LR GEIS update;
f. Identify any review and
consultation requirements related to the
proposed action; and
g. Describe how the LR GEIS revision
will be prepared.
The NRC invites the following
persons to participate in scoping:
a. Any Federal agency that has
jurisdiction by law or special expertise
with respect to any environmental
impact involved or that is authorized to
develop and enforce relevant
environmental standards;
b. Affected State and local
government agencies, including those
authorized to develop and enforce
relevant environmental standards;
c. Any affected Indian Tribe; and
d. Any person who requests or has
requested an opportunity to participate
in the scoping process.
IV. Specific Request for Comments
In accordance with regulations
(appendix B to subpart A of 10 CFR part
51), the NRC has completed a
preliminary review of the LR GEIS and
identified the following NEPA and
related issues for possible revision and
update. Per the regulations, the NRC
invites the public to comment on the
results of the preliminary review and
requests proposals for other areas of the
LR GEIS that should be updated.
• Greenhouse gas emissions (new
NEPA issue)—The Council on
Environmental Quality recently
proposed guidance titled ‘‘Draft
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National Environmental Policy Act
Guidance on Consideration of
Greenhouse Gas Emissions’’ (84 FR
30097; June 26, 2019) to address how
NEPA analyses should address
greenhouse gas emissions. The NRC
should evaluate this new NEPA issue in
the LR GEIS and determine the issue
category and level of impact.
• Groundwater quality degradation
(plants with cooling ponds in salt
marshes) (revise existing NEPA issue)—
The NEPA issue ‘‘Groundwater quality
degradation (plants with cooling ponds
in salt marshes)’’ affects two nuclear
plants. This NEPA issue should be
consolidated with ‘‘Groundwater quality
degradation resulting from water
withdrawals’’ and expanded to consider
the environmental effects of saltwater
intrusion/encroachment on adjacent
surface water quality. The NRC should
clarify the impacts of these NEPA issues
in the LR GEIS.
• Threatened, endangered, and
protected species and essential fish
habitat (revise existing NEPA issue)—
This NEPA Issue should be divided into
separate interagency consultation
requirements based on the Federal
statutes that afford the species or
habitats special status or protections.
Some of these requirements do not
apply to all nuclear plants (e.g.,
‘‘Essential Fish Habitat’’). The issue
headings should be changed to
‘‘Federally Protected Species and
Habitats’’ to clarify that these issues do
not include Federal protection
categories that do not require
interagency consultation or non-Federal
protection categories, such as Statelisted species. The meaning of
‘‘protected’’ should be clarified. A new
finding should be added for the
protection of marine resources to
address requirements for interagency
consultation with the National Oceanic
and Atmospheric Administration under
the National Marine Sanctuaries Act.
The NRC should clarify the impacts of
these NEPA issues in the LR GEIS.
• Subsequent (second) license
renewal (update LR GEIS to address this
issue)—The findings in the LR GEIS
apply to subsequent (second) license
renewal environmental reviews. The
NRC should include this clarification in
the LR GEIS.
• Updated guidance on evaluating
radiological doses to aquatic and
terrestrial biota (update LR GEIS to
address this issue)—In February 2019,
the U.S. Department of Energy updated
its standard for evaluating the potential
effects of radionuclides on biota titled,
‘‘DOE–STD–1153–2019, A Graded
Approach for Evaluating Radiation
Doses to Aquatic and Terrestrial Biota.’’
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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
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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
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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.
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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
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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.
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]]>Agencies
[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47252-47255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16952]
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NUCLEAR REGULATORY COMMISSION
[NRC-2020-0175]
Notice of Intent To Review and Update the Generic Environmental
Impact Statement for License Renewal of Nuclear Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Public scoping meetings and request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) intends to gather
information through the public scoping process to support the review to
determine whether to update NUREG-1437, ``Generic Environmental Impact
Statement for License Renewal of Nuclear Plants--Final Report'' (LR
GEIS). The NRC is seeking public input on the proposed action and has
scheduled public scoping meetings.
DATES: Submit comments by November 2, 2020. Comments received after
this date will be considered if it is practical to do so, but the
Commission is able to ensure consideration only for comments received
on or before this date. The NRC will hold four public webinars on
August 19, 2020 and August 27, 2020 from 1:30 p.m. to 4:00 p.m. EDT and
6:30 p.m. to 9:00 p.m. EDT.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0175. 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
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in the FOR FURTHER INFORMATION CONTACT section of this document.
Email comments to: [email protected].
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jennifer A. Davis, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-3835; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0175 when contacting the NRC
about the availability of information regarding this document. You may
obtain publicly-available information related to this document by any
of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0175.
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 herein (if that document is available in ADAMS) is
provided the first time that a document is referenced. All revisions of
NUREG-1437, ``Generic Environmental Impact Statement for License
Renewal of Nuclear Plants'' can be found in ADAMS under the following
accession numbers: NUREG-1437, Vol. 1 and 2, dated May 1996 (ADAMS
Accession Nos. ML040690705 and ML040690738, respectively); NUREG-1437,
Addendum 1, dated August 1999 (ADAMS Accession No. ML040690720); and
NUREG-1437, Vol. 1, 2, and 3, Rev. 1, dated June 2013 (ADAMS Package
Accession No. ML13107A023).
B. Submitting Comments
Please include Docket ID NRC-2020-0175 in the subject line of your
comment submission in order to ensure that the NRC is able to make your
comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Discussion
In 1986, the NRC initiated a program to develop license renewal
regulations and associated regulatory guidance in anticipation of
receiving applications for the renewal of nuclear power plant operating
licenses. The Atomic Energy Act of 1954, as amended authorizes the NRC
to issue commercial nuclear power plant operating licenses for up to 40
years, and NRC's regulations allow for the renewal of these operating
licenses for up to an additional 20 years. There are no specific
limitations in the Atomic Energy Act or the NRC's regulations
restricting the number of times a license may be renewed. The license
renewal process includes reviewing the license renewal application,
conducting safety and environmental reviews, and then, if all
applicable safety standards are met, renewing the license. The review
proceeds along two independent regulatory tracks: One considers safety
issues and the other environmental issues. The reviews are directed by
regulations designed to ensure safe operation and protection of the
environment during the license renewal term. The NRC's regulations for
the safety review are set forth in part 54 of title 10 of the Code of
Federal Regulations (10 CFR). The NRC's environmental protection
regulations implementing Section 102(2) of the National Environmental
Policy Act (NEPA) are set forth in 10 CFR part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions.'' Renewal of a nuclear power plant operating license also
requires the preparation of a safety evaluation report and an
environmental impact statement (EIS) (10 CFR 51.20(b)(2)).
The LR GEIS summarizes the findings of a systematic inquiry into
the environmental impacts of continued operations and refurbishment
activities associated with license renewal. Of the 78 environmental
NEPA issues identified and analyzed by the NRC, 59 issues were
determined to be generic (i.e., Category 1); 19 issues were determined
to be nuclear power plant-specific (i.e., Category 2); and one issue,
``Electromagnetic fields, chronic effects,'' is uncategorized. Category
1 issues concern those potential environmental impacts resulting from
license renewal that are common or generic to all nuclear power plants
(or for some issues, to plants having a specific type of cooling system
or other specified plant or site characteristic). Category 2 issues
concern those potential environmental impacts resulting from license
renewal that do not meet the criteria for a Category 1 issue and, as
such, require a plant-specific analysis to determine the level of
impact. The uncategorized issue would also be addressed by the NRC in
each plant-specific supplemental EIS.
Impact levels (small, moderate, or large) have been determined for
most NEPA issues (e.g., land use, air, water) evaluated in the LR GEIS.
A small impact means that the environmental effects are not detectable
or are so minor that they would neither destabilize nor noticeably
alter any important attribute of the resource. A moderate impact means
that the environmental effects are sufficient to alter noticeably, but
not destabilize, important attributes of the resource. A large impact
means that the environmental effects would be clearly noticeable and
would be sufficient to destabilize important attributes of the
resource.
The LR GEIS has been effective in focusing the NRC's resources on
important license renewal environmental impact issues and has increased
the efficiency of the environmental review process. Currently, 94
nuclear units at 59 plant sites have received renewed operating
licenses; 4 units at 2 plant sites have received subsequent (second)
renewed operating licenses.
During the review of the LR GEIS, the NRC will re-evaluate
potential
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environmental impacts and apply lessons learned and knowledge gained
during previous license renewal environmental reviews. In addition,
public comments received during previous license renewal environmental
reviews will be re-examined to validate existing environmental NEPA
issues and identify new ones. Upon completion of the review, the NRC
will consider the need to modify, add to, consolidate, or delete any of
the 78 environmental NEPA issues currently evaluated in the LR GEIS.
In the introductory remarks to appendix B to subpart A of part 51,
``Environmental Effects of Renewing the Operating License of a Nuclear
Power Plant,'' the Commission stated that, on a 10-year cycle, it
intends to review the material in Table B-1 and update it, if
necessary. The previous revision cycle was completed with the issuance
of a final rule and LR GEIS, Revision 1, on June 20, 2013 (78 FR
37281). Should the NRC proceed with an update to the LR GEIS, and a
final rule to codify the update, the NRC's goal is to complete this
effort by the end of 2023.
III. Request for Comments
This notice informs the public of the NRC's intention to review and
update the LR GEIS and provide the public with an opportunity to
comment on the review and propose areas for update. This step is the
initial opportunity for the public to participate in the review by
means of the environmental scoping process, as defined in 10 CFR 51.29,
``Scoping-environmental impact statement and supplement to
environmental impact statement.'' At the conclusion of the scoping
period, the NRC will consider the results of its review and public
comments to determine whether to proceed with the update. The NRC will
also publish a concise summary (scoping summary report) of its
determinations and conclusions reached. Environmental reviews will
continue under the current NRC NEPA regulatory framework throughout the
course of this effort. If the NRC determines that an update is not
necessary, notice of this decision will be published in the Federal
Register.
For each license renewal review, impacts requiring nuclear power
plant-specific analysis must be analyzed by the applicant in its
environmental report and by the NRC in a supplemental EIS. The NRC
prepares a supplement to the LR GEIS during each license renewal review
that evaluates the environmental impacts specific to that nuclear power
plant. Supplemental EISs may be useful during the scoping process,
helping public participants understand the environmental review process
and the NEPA issues associated with license renewal. Supplements to the
LR GEIS can be viewed on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1437/.
The NRC will first conduct scoping, document its determinations in
a concise scoping summary report, and will then prepare a draft updated
LR GEIS for public comment. Participation in the scoping process by
members of the public and local, State, Tribal, and Federal government
agencies is encouraged. The scoping process will be used to accomplish
the following:
a. Determine whether to update the LR GEIS;
b. Define the proposed action;
c. Determine the scope of the update and identify significant
issues to be analyzed in depth;
d. Identify and eliminate from detailed study issues that are
peripheral or are not significant; or were covered by a prior
environmental review;
e. Identify environmental assessments and other ElSs under
development or consideration related to the scope of the LR GEIS
update;
f. Identify any review and consultation requirements related to the
proposed action; and
g. Describe how the LR GEIS revision will be prepared.
The NRC invites the following persons to participate in scoping:
a. Any Federal agency that has jurisdiction by law or special
expertise with respect to any environmental impact involved or that is
authorized to develop and enforce relevant environmental standards;
b. Affected State and local government agencies, including those
authorized to develop and enforce relevant environmental standards;
c. Any affected Indian Tribe; and
d. Any person who requests or has requested an opportunity to
participate in the scoping process.
IV. Specific Request for Comments
In accordance with regulations (appendix B to subpart A of 10 CFR
part 51), the NRC has completed a preliminary review of the LR GEIS and
identified the following NEPA and related issues for possible revision
and update. Per the regulations, the NRC invites the public to comment
on the results of the preliminary review and requests proposals for
other areas of the LR GEIS that should be updated.
Greenhouse gas emissions (new NEPA issue)--The Council on
Environmental Quality recently proposed guidance titled ``Draft
National Environmental Policy Act Guidance on Consideration of
Greenhouse Gas Emissions'' (84 FR 30097; June 26, 2019) to address how
NEPA analyses should address greenhouse gas emissions. The NRC should
evaluate this new NEPA issue in the LR GEIS and determine the issue
category and level of impact.
Groundwater quality degradation (plants with cooling ponds
in salt marshes) (revise existing NEPA issue)--The NEPA issue
``Groundwater quality degradation (plants with cooling ponds in salt
marshes)'' affects two nuclear plants. This NEPA issue should be
consolidated with ``Groundwater quality degradation resulting from
water withdrawals'' and expanded to consider the environmental effects
of saltwater intrusion/encroachment on adjacent surface water quality.
The NRC should clarify the impacts of these NEPA issues in the LR GEIS.
Threatened, endangered, and protected species and
essential fish habitat (revise existing NEPA issue)--This NEPA Issue
should be divided into separate interagency consultation requirements
based on the Federal statutes that afford the species or habitats
special status or protections. Some of these requirements do not apply
to all nuclear plants (e.g., ``Essential Fish Habitat''). The issue
headings should be changed to ``Federally Protected Species and
Habitats'' to clarify that these issues do not include Federal
protection categories that do not require interagency consultation or
non-Federal protection categories, such as State-listed species. The
meaning of ``protected'' should be clarified. A new finding should be
added for the protection of marine resources to address requirements
for interagency consultation with the National Oceanic and Atmospheric
Administration under the National Marine Sanctuaries Act. The NRC
should clarify the impacts of these NEPA issues in the LR GEIS.
Subsequent (second) license renewal (update LR GEIS to
address this issue)--The findings in the LR GEIS apply to subsequent
(second) license renewal environmental reviews. The NRC should include
this clarification in the LR GEIS.
Updated guidance on evaluating radiological doses to
aquatic and terrestrial biota (update LR GEIS to address this issue)--
In February 2019, the U.S. Department of Energy updated its standard
for evaluating the potential effects of radionuclides on biota titled,
``DOE-STD-1153-2019, A Graded Approach for Evaluating Radiation Doses
to Aquatic and Terrestrial Biota.''
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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 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
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.
V. Public Scoping Webinars
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:
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Meeting Date Time Location
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Public Webinar............ 8/19/2020 1:30 p.m. to 4:00 p.m. (EDT)................ Webinar Information:
https://usnrc.webex.com.
Event Number: 199 475
8415. Event Password:
LRGEIS. Telephone
Bridge Line: 1-888-
989-9766. Participant
Passcode: 9050307.
Public Webinar............ 8/19/2020 6:30 p.m. to 9:00 p.m. (EDT)................ Webinar Information:
https://usnrc.webex.com.
Event Number: 199 208
1309. Event Password:
LRGEIS. Telephone
Bridge Line: 1-800-
369-2104. Participant
Passcode: 1290865.
Public Webinar............ 8/27/2020 1:30 p.m. to 4:00 p.m. (EDT)................ Webinar Information:
https://usnrc.webex.com.
Event Number: 199 592
7925. Event Password:
LRGEIS30. Telephone
Bridge Line: 1-888-
995-9725. Participant
Passcode: 3382561.
Public Webinar............ 8/27/2020 6:30 p.m. to 9:00 p.m. (EDT)................ Webinar Information:
https://usnrc.webex.com.
Event Number: 199 389
0782. Event Password:
LRGEIS30. Telephone
Bridge Line: 1-888-
787-0206. Participant
Passcode: 8529023.
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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.
Dated: July 30, 2020.
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
