Holtec Decommissioning International, LLC; Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, 71664-71666 [2020-24935]
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
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[FR Doc. 2020–25026 Filed 11–6–20; 4:15 pm]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–003, 50–247, and 50–286;
NRC–2020–0239]
Holtec Decommissioning International,
LLC; Indian Point Nuclear Generating
Unit Nos. 1, 2, and 3
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
the February 12, 2020, request from
Holtec Decommissioning International,
LLC (HDI) related to Indian Point
Nuclear Generating Unit Nos. 1, 2, and
3 (referred to individually as IP1, IP2,
and IP3, respectively, and collectively
as the Indian Point Energy Center or
IPEC), located in Westchester County,
New York. The exemption would permit
HDI to use funds from the IP1, IP2, and
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SUMMARY:
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IP3 nuclear decommissioning trusts
(NDTs) for spent fuel management and
site restoration activities for IP1, IP2,
and IP3, respectively. The exemption
would also allow such withdrawals
without prior notification to the NRC.
The NRC staff is issuing an
Environmental Assessment (EA) and
Finding of No Significant Impact
(FONSI) associated with the proposed
exemption.
The EA and FONSI referenced in
this document are available on
November 10, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2020–0239 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–2020–0239. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to 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.
• Attention: The PDR, where you may
examine and purchase copies of public
documents, is currently closed. You
may submit your request to the PDR by
email to PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard V. Guzman, Office of Nuclear
Reactor Regulation; U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1030; email: Richard.Guzman@nrc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
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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) to HDI for
Provisional Operating License No. DPR–
5 and Renewed Facility Operating
License Nos. DPR–26 and DPR–64 for
IP1, IP2, and IP3, respectively, located
in Westchester County, New York. HDI
requested the exemption by letter dated
February 12, 2020 (ADAMS Accession
No. ML20043C539). The exemption
would permit HDI to use funds from the
IP1, IP2, and IP3 NDTs for spent fuel
management and site restoration
activities for IP1, IP2, and IP3,
respectively, in the same manner that
funds from the NDTs are used under 10
CFR 50.82(a)(8) for decommissioning
activities. HDI submitted the exemption
request based on its analysis of the
expected IP1, IP2, and IP3
decommissioning costs, spent fuel
management costs, and site restoration
costs, as provided in the IPEC PostShutdown Decommissioning Activities
Report (PSDAR) using the prompt
decontamination and dismantlement
(DECON) method submitted by HDI to
the NRC on December 19, 2019
(ADAMS Accession No. ML19354A698).
By letter dated November 21, 2019
(ADAMS Accession No. ML19326B953),
Entergy Nuclear Operations, Inc.
(ENOI), on behalf of itself, Entergy
Nuclear Indian Point 2, LLC, Entergy
Nuclear Indian Point 3, LLC, Holtec
International (Holtec), and HDI
(collectively, the applicants), requested
that the NRC consent to the transfer of
control of Provisional Operating License
No. DPR–5 and Renewed Facility
Operating License Nos. DPR–26 and
DPR–64 for IP1, IP2, and IP3,
respectively, as well as the general
license for the IPEC Independent Spent
Fuel Storage Installation. Specifically,
the applicants requested that the NRC
consent to the transfer of ENOI’s
operating authority under these licenses
to HDI and the ownership of the IP1 and
IP2 licenses to the Holtec subsidiary
Holtec Indian Point 2, LLC and the
ownership of the IP3 license to the
Holtec subsidiary Holtec Indian Point 3,
LLC. The requested exemption would
only apply following an NRC approval
of this license transfer application and
the consummation of the transfer
transaction.
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
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
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 HDI 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 HDI to use
funds from the NDTs for spent fuel
management and site restoration
activities not associated with
radiological decommissioning activities
and would exempt HDI from the
requirement for prior notification to the
NRC for these activities.
The proposed action is in accordance
with HDI’s application dated February
12, 2020.
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Need for the Proposed Action
By letter dated February 8, 2017
(ADAMS Accession No. ML17044A004),
ENOI 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 IP2 and IP3 by April 30, 2020, and
April 30, 2021, respectively, subject to
operating extensions through, but not
beyond, 2024 and 2025, respectively.
ENOI permanently ceased power
operations at IP2 on April 30, 2020, and
permanently defueled IP2 on May 12,
2020 (ADAMS Accession No.
ML20133J902).
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 HDI to
use funds from the NDTs for spent fuel
management and site restoration
activities.
HDI stated that Tables 1, 2, and 3 of
the exemption request demonstrate that
the NDTs contain the amount needed to
cover the estimated costs of IP1, IP2,
and IP3 radiological decommissioning,
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17:21 Nov 09, 2020
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as well as spent fuel management and
site restoration activities. The adequacy
of funds in the NDTs to cover the costs
of activities associated with spent fuel
management, site restoration, and
radiological decommissioning through
license termination is supported by the
HDI IPEC DECON PSDAR. HDI stated
that it needs access to the funds in the
NDTs 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 NDTs in connection with the
operation of the NDTs, no disbursement
may be made from the NDTs 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 HDI to use funds
from the NDTs for spent fuel
management and site restoration
activities without prior NRC
notification.
In summary, by letter dated February
12, 2020, HDI requested an exemption
to allow NDT withdrawals, without
prior written notification to the NRC, for
spent fuel management and site
restoration activities.
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
NDTs 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 NDTs 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 sum of the balance
of any remaining decommissioning
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71665
funds, 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 HDI to use funds from the
NDTs 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
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
quality impacts, and no impacts to
historic and cultural resources from the
proposed action. Therefore, there are no
significant non-radiological
environmental 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
III. Finding of No Significant Impact
The requested exemption from 10
CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv) would allow HDI to use
funds from the NDTs 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 of this document.
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 HDI’s letter dated February
12, 2020, there are no other
environmental documents associated
with this review. This document is
available for public inspection as
indicated in Section I.
Previous considerations regarding the
environmental impacts of operating
IPEC are described in NUREG–1437,
Supplement 38, Volume 1, ‘‘Generic
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Supplement 38 Regarding Indian Point
Nuclear Generating Unit Nos. 2 and 3—
Final Report, Main Report and
Comment Responses,’’ dated December
2010 (ADAMS Accession No.
ML103350405), and Volume 5, ‘‘Generic
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Supplement 38 Regarding Indian Point
Nuclear Generating Unit Nos. 2 and 3—
Final,’’ dated April 2018 (ADAMS
Accession No. ML18107A759).
IV. Availability of Documents
ADAMS
Accession No.
Date
Title
5/12/2020 ........
Letter from ENOI to NRC, ‘‘Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel, Indian Point Nuclear Generating Unit No. 2’’.
Letter from HDI to NRC, ‘‘Request for Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv)’’.
Letter from HDI to NRC, ‘‘Post Shutdown Decommissioning Activities Report including Site-Specific Decommissioning Cost Estimate for Indian Point Nuclear Generating Units 1, 2, and 3’’.
Letter from ENOI to NRC, ‘‘Application for Order Consenting to Transfers of Control of Licenses and Approving Conforming License Amendments’’.
NUREG–1437, Supplement 38, Volume 5, ‘‘Generic Environmental Impact Statement for License Renewal
of Nuclear Plants, Supplement 38, Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3—Final’’.
Letter from ENOI to NRC, ‘‘Notification of Permanent Cessation of Power Operations, Indian Point Nuclear
Generating Unit Nos. 2 and 3’’.
NUREG–1437, Supplement 38, Volume 1, ‘‘Generic Environmental Impact Statement for License Renewal
of Nuclear Plants, Supplement 38, Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3—Final
Report, Main Report and Comment Responses’’.
2/12/2020 ........
12/19/2019 ......
11/21/2019 ......
4/2018 .............
2/8/2017 ..........
12/2010 ...........
Dated: November 5, 2020.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing
Branch I, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2020–24935 Filed 11–9–20; 8:45 am]
BILLING CODE 7590–01–P
jbell on DSKJLSW7X2PROD with NOTICES
action. On October 28, 2020, the NRC
notified the State of New York
representative of the EA and FONSI.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–90333; File No. SR–CBOE–
2020–105]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend Its Fees
Schedule in Connection With Migration
November 4, 2020.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
1 15
2 17
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17:21 Nov 09, 2020
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PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00064
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ML20133J902.
ML20043C539.
ML19354A698.
ML19326B953.
ML18107A759.
ML17044A004.
ML103350405.
notice is hereby given that on October
23, 2020, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
Cboe Exchange, Inc. (the ‘‘Exchange’’
or ‘‘Cboe Options’’) proposes to amend
E:\FR\FM\10NON1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Pages 71664-71666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24935]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-003, 50-247, and 50-286; NRC-2020-0239]
Holtec Decommissioning International, LLC; Indian Point Nuclear
Generating Unit Nos. 1, 2, and 3
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 the February 12, 2020, request
from Holtec Decommissioning International, LLC (HDI) related to Indian
Point Nuclear Generating Unit Nos. 1, 2, and 3 (referred to
individually as IP1, IP2, and IP3, respectively, and collectively as
the Indian Point Energy Center or IPEC), located in Westchester County,
New York. The exemption would permit HDI to use funds from the IP1,
IP2, and IP3 nuclear decommissioning trusts (NDTs) for spent fuel
management and site restoration activities for IP1, IP2, and IP3,
respectively. The exemption would also allow such withdrawals without
prior notification to the NRC. The NRC staff is issuing an
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) associated with the proposed exemption.
DATES: The EA and FONSI referenced in this document are available on
November 10, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0239 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-2020-0239. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. 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.
Attention: The PDR, where you may examine and purchase
copies of public documents, is currently closed. You may submit your
request to the PDR by email to [email protected] or call 1-800-397-
4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Office of Nuclear
Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1030; 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) to HDI for Provisional Operating License
No. DPR-5 and Renewed Facility Operating License Nos. DPR-26 and DPR-64
for IP1, IP2, and IP3, respectively, located in Westchester County, New
York. HDI requested the exemption by letter dated February 12, 2020
(ADAMS Accession No. ML20043C539). The exemption would permit HDI to
use funds from the IP1, IP2, and IP3 NDTs for spent fuel management and
site restoration activities for IP1, IP2, and IP3, respectively, in the
same manner that funds from the NDTs are used under 10 CFR 50.82(a)(8)
for decommissioning activities. HDI submitted the exemption request
based on its analysis of the expected IP1, IP2, and IP3 decommissioning
costs, spent fuel management costs, and site restoration costs, as
provided in the IPEC Post-Shutdown Decommissioning Activities Report
(PSDAR) using the prompt decontamination and dismantlement (DECON)
method submitted by HDI to the NRC on December 19, 2019 (ADAMS
Accession No. ML19354A698).
By letter dated November 21, 2019 (ADAMS Accession No.
ML19326B953), Entergy Nuclear Operations, Inc. (ENOI), on behalf of
itself, Entergy Nuclear Indian Point 2, LLC, Entergy Nuclear Indian
Point 3, LLC, Holtec International (Holtec), and HDI (collectively, the
applicants), requested that the NRC consent to the transfer of control
of Provisional Operating License No. DPR-5 and Renewed Facility
Operating License Nos. DPR-26 and DPR-64 for IP1, IP2, and IP3,
respectively, as well as the general license for the IPEC Independent
Spent Fuel Storage Installation. Specifically, the applicants requested
that the NRC consent to the transfer of ENOI's operating authority
under these licenses to HDI and the ownership of the IP1 and IP2
licenses to the Holtec subsidiary Holtec Indian Point 2, LLC and the
ownership of the IP3 license to the Holtec subsidiary Holtec Indian
Point 3, LLC. The requested exemption would only apply following an NRC
approval of this license transfer application and the consummation of
the transfer transaction.
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
[[Page 71665]]
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 HDI 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 HDI to
use funds from the NDTs for spent fuel management and site restoration
activities not associated with radiological decommissioning activities
and would exempt HDI from the requirement for prior notification to the
NRC for these activities.
The proposed action is in accordance with HDI's application dated
February 12, 2020.
Need for the Proposed Action
By letter dated February 8, 2017 (ADAMS Accession No. ML17044A004),
ENOI 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 IP2 and IP3 by April 30, 2020, and April 30, 2021,
respectively, subject to operating extensions through, but not beyond,
2024 and 2025, respectively. ENOI permanently ceased power operations
at IP2 on April 30, 2020, and permanently defueled IP2 on May 12, 2020
(ADAMS Accession No. ML20133J902).
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 HDI to use funds from the NDTs
for spent fuel management and site restoration activities.
HDI stated that Tables 1, 2, and 3 of the exemption request
demonstrate that the NDTs contain the amount needed to cover the
estimated costs of IP1, IP2, and IP3 radiological decommissioning, as
well as spent fuel management and site restoration activities. The
adequacy of funds in the NDTs to cover the costs of activities
associated with spent fuel management, site restoration, and
radiological decommissioning through license termination is supported
by the HDI IPEC DECON PSDAR. HDI stated that it needs access to the
funds in the NDTs 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 NDTs in connection with the operation of the NDTs, no
disbursement may be made from the NDTs 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 HDI to use funds from
the NDTs for spent fuel management and site restoration activities
without prior NRC notification.
In summary, by letter dated February 12, 2020, HDI requested an
exemption to allow NDT withdrawals, without prior written notification
to the NRC, for spent fuel management and site restoration activities.
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 NDTs 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 NDTs 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 sum
of the balance of any remaining decommissioning funds, 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 HDI to use funds from the NDTs 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
[[Page 71666]]
quality impacts, and no impacts to historic and cultural resources from
the proposed action. Therefore, there are no significant non-
radiological environmental 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 October 28, 2020, the
NRC notified the State of New York representative of the EA and FONSI.
III. Finding of No Significant Impact
The requested exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv) would allow HDI to use funds from the NDTs 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 of this document. 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 HDI's letter dated February 12, 2020, there are no other
environmental documents associated with this review. This document is
available for public inspection as indicated in Section I.
Previous considerations regarding the environmental impacts of
operating IPEC are described in NUREG-1437, Supplement 38, Volume 1,
``Generic Environmental Impact Statement for License Renewal of Nuclear
Plants: Supplement 38 Regarding Indian Point Nuclear Generating Unit
Nos. 2 and 3--Final Report, Main Report and Comment Responses,'' dated
December 2010 (ADAMS Accession No. ML103350405), and Volume 5,
``Generic Environmental Impact Statement for License Renewal of Nuclear
Plants: Supplement 38 Regarding Indian Point Nuclear Generating Unit
Nos. 2 and 3--Final,'' dated April 2018 (ADAMS Accession No.
ML18107A759).
IV. Availability of Documents
------------------------------------------------------------------------
Date Title ADAMS Accession No.
------------------------------------------------------------------------
5/12/2020............. Letter from ENOI to ML20133J902.
NRC, ``Certifications
of Permanent Cessation
of Power Operations
and Permanent Removal
of Fuel from the
Reactor Vessel, Indian
Point Nuclear
Generating Unit No.
2''.
2/12/2020............. Letter from HDI to NRC, ML20043C539.
``Request for
Exemptions from 10 CFR
50.82(a)(8)(i)(A) and
10 CFR
50.75(h)(1)(iv)''.
12/19/2019............ Letter from HDI to NRC, ML19354A698.
``Post Shutdown
Decommissioning
Activities Report
including Site-
Specific
Decommissioning Cost
Estimate for Indian
Point Nuclear
Generating Units 1, 2,
and 3''.
11/21/2019............ Letter from ENOI to ML19326B953.
NRC, ``Application for
Order Consenting to
Transfers of Control
of Licenses and
Approving Conforming
License Amendments''.
4/2018................ NUREG-1437, Supplement ML18107A759.
38, Volume 5,
``Generic
Environmental Impact
Statement for License
Renewal of Nuclear
Plants, Supplement 38,
Regarding Indian Point
Nuclear Generating
Unit Nos. 2 and 3--
Final''.
2/8/2017.............. Letter from ENOI to ML17044A004.
NRC, ``Notification of
Permanent Cessation of
Power Operations,
Indian Point Nuclear
Generating Unit Nos. 2
and 3''.
12/2010............... NUREG-1437, Supplement ML103350405.
38, Volume 1,
``Generic
Environmental Impact
Statement for License
Renewal of Nuclear
Plants, Supplement 38,
Regarding Indian Point
Nuclear Generating
Unit Nos. 2 and 3--
Final Report, Main
Report and Comment
Responses''.
------------------------------------------------------------------------
Dated: November 5, 2020.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-24935 Filed 11-9-20; 8:45 am]
BILLING CODE 7590-01-P
