NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center, 14960-14963 [2021-05694]
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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices
IV. Backfitting and Issue Finality
Revision 1 of RG 5.75 describes a
method that the staff of the NRC
considers acceptable for use by nuclear
power plant licensees in meeting the
requirements for training and
qualification of security personnel as set
forth in Section VI of Appendix B to 10
CFR part 73, ‘‘Physical Protection of
Plants and Materials.’’ Issuance of this
RG, if finalized, would not constitute
backfitting as defined in 10 CFR 50.109
(the backfit rule) and would not
otherwise be inconsistent with the issue
finality provisions in 10 CFR part 52
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ As discussed
in the ‘‘Implementation’’ section of this
RG, the NRC has no current intention to
impose this guide, if finalized, on
holders of current operating licenses or
combined licenses.
This RG may be applied to
applications for operating licenses and
combined licenses docketed by the NRC
as of the date of issuance of the final
regulatory guide, as well as future
applications submitted after the
issuance of the regulatory guide. Such
action would not constitute backfitting
as defined in the backfit rule or be
otherwise inconsistent with the
applicable issue finality provision in 10
CFR part 52, inasmuch as such
applicants or potential applicants are
not entities within the scope of the
backfit rule or the relevant issue finality
provisions in Part 52. Neither Section
50.109 nor the issue finality provisions
under 10 CFR part 52 with certain
exceptions, was intended to apply to
every NRC action that substantially
changes the expectations of current and
future applicants. The exceptions to the
general principle are whenever an
applicant references a Part 52 license
(e.g., an early site permit) and/or NRC
regulatory approval (e.g., a design
certification rule, a standard design
approval) with specified issue finality
provisions. However, the scope of issue
finality provided extends only to the
matters resolved in the license or
regulatory approval. Early site permits,
design certification rules, and standard
design approvals typically do not
address or resolve compliance with
operational programs such as the
security personnel requirements in 10
CFR part 73. Therefore, no applicant
referencing an early site permit, design
certification rule, or standard design
approval would be entities within the
scope of the relevant issue finality
provisions with respect to the security
matters addressed in this draft
regulatory guide.
Dated: March 16, 2021.
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For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guidance and Generic
Issues Branch, Division of Engineering, Office
of Nuclear Regulatory Research.
[FR Doc. 2021–05731 Filed 3–18–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–331; NRC–2021–0066]
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 exemptions that would
permit the licensee to reduce its
emergency planning (EP) activities at
the Duane Arnold Energy Center
(DAEC). Specifically, the licensee is
seeking exemptions that would
eliminate the requirements for the
licensee to maintain offsite radiological
emergency plans, as well as reduce
some of the onsite EP activities based on
the reduced risks at DAEC, which is
permanently shut down and defueled.
However, requirements for certain
onsite capabilities to communicate and
coordinate with offsite response
authorities would be retained. In
addition, offsite EP provisions would
still exist through State and local
government use of a comprehensive
emergency management plan process, in
accordance with the Federal Emergency
Management Agency’s (FEMA’s)
Comprehensive Preparedness Guide
(CPG) 101, ‘‘Developing and
Maintaining Emergency Operations
Plans.’’ The NRC staff is issuing a final
Environmental Assessment (EA) and
final Finding of No Significant Impact
(FONSI) associated with the proposed
exemptions.
SUMMARY:
The EA and FONSI referenced in
this document are available on March
19, 2021.
ADDRESSES: Please refer to Docket ID
NRC–2021–0066 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–2021–0066. Address
questions about Docket IDs in
DATES:
PO 00000
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Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@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, instructions
about obtaining materials referenced in
this document are provided in the
AVAILABILITY OF DOCUMENTS
section of this document.
• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at pdr.resource@nrc.gov or call 1–
800–397–4209 or 301–415–4737,
between 8:00 a.m. and 4:00 p.m. (EST),
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Marlayna V. Doell, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3178; email: Marlayna.Doell@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated January 18, 2019
(ADAMS Accession No. ML19023A196),
NextEra Energy Duane Arnold, LLC
(NEDA, the licensee) certified to the
NRC that it planned 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 its
timeline and certified to the NRC that it
planned to permanently cease power
operations at DAEC on October 30,
2020. By letter dated August 27, 2020
(ADAMS Accession No. ML20240A067),
NEDA certified to the NRC that power
operations permanently ceased at DAEC
on August 10, 2020, and, by letter dated
October 12, 2020 (ADAMS Accession
No. ML20286A317), that the fuel was
permanently removed from the DAEC
reactor vessel and placed in the spent
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fuel pool (SFP) as of October 12, 2020.
Accordingly, pursuant to section
50.82(a)(2) of title 10 of the Code of
Federal Regulations (10 CFR), the DAEC
renewed facility operating license no
longer authorizes operation of the
reactor or emplacement or retention of
fuel in the reactor vessel. The facility is
still authorized to possess and store
irradiated (i.e., spent) nuclear fuel.
Spent fuel is currently stored onsite at
the DAEC facility in the SFP and in a
dry cask independent spent fuel storage
installation.
By letter dated April 2, 2020 (ADAMS
Accession No. ML20101M779), as
supplemented by letter dated October 7,
2020 (ADAMS Accession No.
ML20282A595), NEDA requested
exemptions from certain EP
requirements in 10 CFR part 50 for
DAEC.
The NRC regulations concerning EP
do not recognize the reduced risks after
a reactor is permanently shut down and
defueled. As such, a permanently
shutdown and defueled reactor must
continue to maintain the same EP
requirements as an operating power
reactor under the existing regulatory
requirements. To establish a level of EP
commensurate with the reduced risks of
a permanently shutdown and defueled
reactor, the licensee requires
exemptions from certain EP regulatory
requirements before it can change its
emergency plans.
The NRC is considering issuing to the
licensee exemptions from portions of 10
CFR 50.47, ‘‘Emergency plans,’’ and
appendix E to 10 CFR part 50,
‘‘Emergency Planning and Preparedness
for Production and Utilization
Facilities,’’ which would eliminate the
requirements for the licensee to
maintain offsite radiological emergency
plans in accordance with 44 CFR,
‘‘Emergency Management and
Assistance,’’ part 350, ‘‘Review and
Approval of State and Local
Radiological Emergency Plans and
Preparedness,’’ and reduce some of the
onsite EP activities based on the
reduced risks 10 months after DAEC has
permanently ceased power operations.
Consistent with 10 CFR 51.21, the
NRC has determined that an EA is the
appropriate form of environmental
review for the requested action. Based
on the results of the EA, which is
provided in Section II of this document,
the NRC has determined not to prepare
an environmental impact statement for
the proposed action and is issuing a
FONSI.
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II. Environmental Assessment
Description of the Proposed Action
The proposed action would exempt
the licensee from: (1) Certain standards
as set forth in 10 CFR 50.47(b) regarding
onsite and offsite emergency response
plans for nuclear power reactors; (2)
requirements in 10 CFR 50.47(c)(2) to
establish plume exposure and ingestion
pathway emergency planning zones
(EPZs) for nuclear power reactors; and
(3) certain requirements in 10 CFR part
50, appendix E, section IV, ‘‘Content of
Emergency Plans,’’ which establishes
the elements that make up the content
of emergency plans. The proposed
action of granting these exemptions
would eliminate the requirements for
the licensee to maintain offsite
radiological emergency plans in
accordance with 44 CFR part 350 and
reduce some of the onsite EP activities
at DAEC, based on the reduced risks
once the reactor has been permanently
shut down for a period of 10 months.
However, requirements for certain
onsite capabilities to communicate and
coordinate with offsite response
authorities would be retained to an
extent consistent with the approved
exemptions.
Additionally, if necessary, offsite
protective actions could still be
implemented using a comprehensive
emergency management plan (CEMP)
process. A CEMP in this context, also
referred to as an emergency operations
plan (EOP), is addressed in FEMA’s CPG
101. The CPG 101 is the foundation for
State, territorial, tribal, and local EP in
the United States under the National
Preparedness System. It promotes a
common understanding of the
fundamentals of risk-informed planning
and decision making and assists
planners at all levels of government in
their efforts to develop and maintain
viable, all-hazards, all-threats
emergency plans. An EOP is flexible
enough for use in all emergencies. It
describes how people and property will
be protected; details who is responsible
for carrying out specific actions;
identifies the personnel, equipment,
facilities, supplies, and other resources
available; and outlines how all actions
will be coordinated. A CEMP is often
referred to as a synonym for ‘‘allhazards’’ planning. The proposed action
is in accordance with the licensee’s
application dated April 2, 2020, as
supplemented by letter dated October 7,
2020.
Need for the Proposed Action
The proposed action is needed for the
licensee to revise the DAEC Emergency
Plan once the reactor has been
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14961
permanently shut down for a period of
10 months. The EP requirements
currently applicable to DAEC are for an
operating power reactor. Since the
certifications for permanent cessation of
operations and permanent removal of
fuel from the reactor vessel have been
docketed, pursuant to 10 CFR
50.82(a)(2), the DAEC license no longer
authorizes use of the facility for power
operation or emplacement or retention
of fuel into the reactor vessel and,
therefore, the occurrence of postulated
accidents associated with DAEC reactor
operation is no longer credible.
However, there are no explicit
regulatory provisions distinguishing EP
requirements for a power reactor that
has been permanently shut down and
defueled from those for an operating
power reactor.
In its exemption request, the licensee
identified three possible radiological
accidents at DAEC in its permanently
shutdown and defueled condition.
These are: (1) A fuel-handling accident;
(2) a complete loss of SFP inventory;
and (3) an adiabatic heat up of the
hottest fuel assembly. The NRC staff
evaluated these possible radiological
accidents in the Commission Paper
(SECY) 21–0006, ‘‘Request by NextEra
Energy Duane Arnold, LLC for
Exemptions from Certain Emergency
Planning Requirements for the Duane
Arnold Energy Center,’’ dated January
15, 2021 (ADAMS Package Accession
No. ML20218A875).
In SECY–21–0006, the NRC staff
verified that the licensee’s analyses and
calculations provided reasonable
assurance that if the requested
exemptions were granted, then: (1) For
a design-basis accident (DBA), an offsite
radiological release will not exceed the
early phase protective action guides
(PAGs) at the site boundary, as detailed
in Table 1–1, ‘‘Summary Table for
PAGs, Guidelines, and Planning
Guidance for Radiological Incidents,’’ to
the U.S. Environmental Protection
Agency’s (EPA’s), ‘‘PAG Manual:
Protective Action Guides and Planning
Guidance for Radiological Incidents,’’
EPA–400/R–17/001, dated January 2017;
(2) in the highly unlikely event of a
beyond DBA resulting in a loss of all
SFP cooling, there is sufficient time to
initiate appropriate mitigating actions;
and (3) in the event a radiological
release has or is projected to occur,
there would be sufficient time for offsite
agencies to take protective actions using
a CEMP to protect the health and safety
of the public if offsite governmental
officials determine that such action is
warranted. The Commission approved
the NRC staff’s recommendation to grant
the exemptions based on this evaluation
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in its Staff Requirements Memorandum
to SECY–21–0006, dated February 11,
2021 (ADAMS Accession No.
ML21042A030).
Based on these analyses, the licensee
states that complete application of the
EP rule to DAEC 10 months after its
permanent cessation of power
operations would not serve the
underlying purpose of the rule or is not
necessary to achieve the underlying
purpose of the rule. The licensee also
states that it would incur undue costs in
the application of operating plant EP
requirements for the maintenance of an
emergency response organization in
excess of that actually needed to
respond to the diminished scope of
credible accidents for DAEC 10 months
after its permanent cessation of power
operations.
Environmental Impacts of the Proposed
Action
The NRC staff has completed its
evaluation of the environmental impacts
of the proposed action.
The proposed action consists mainly
of changes related to the elimination of
requirements for the licensee to
maintain offsite radiological emergency
plans in accordance with 44 CFR part
350 and reduce some of the onsite EP
activities at DAEC, based on the reduced
risks once the reactor has been
permanently shut down for a period of
10 months. However, requirements for
certain onsite capabilities to
communicate and coordinate with
offsite response authorities will be
retained and offsite EP provisions to
protect public health and safety will
still exist through State and local
government use of a CEMP.
With regard to potential
nonradiological environmental impacts,
the proposed action would have no
direct impacts on land use or water
resources, including terrestrial and
aquatic biota, as it involves no new
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 plants’ 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 nonradiological
environmental impacts associated with
the proposed action.
With regard to potential radiological
environmental impacts, as previously
stated, the proposed action would not
increase the probability or consequences
of radiological accidents. Additionally,
the NRC staff has concluded that the
proposed action would have no direct
radiological environmental impacts.
There would be no change to the types
or amounts of radioactive effluents that
may be released and, therefore, no
change in occupational or public
radiation exposure from the proposed
action. 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.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the NRC staff considered the
denial of the proposed action (i.e., the
‘‘no-action’’ alternative). The denial of
the application would result in no
change in current environmental
impacts. Therefore, 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 February 23, 2021, the State
of Iowa representative was notified of
this EA and FONSI.
III. Finding of No Significant Impact
The licensee has proposed
exemptions from: (1) Certain standards
in 10 CFR 50.47(b) regarding onsite and
offsite emergency response plans for
nuclear power reactors; (2) the
requirements in 10 CFR 50.47(c)(2) to
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Document description
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IV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS accession No./web link
Federal Emergency Management Agency, Developing and Maintaining
Emergency Operations Plans, Comprehensive Preparedness Guide
(CPG) 101, Version 2.0, November 2010.
Curtland, D., NextEra Energy Duane Arnold, LLC, letter to U.S. Nuclear
Regulatory Commission, ‘‘Request for Exemption from Portions of 10
CFR 50.47 and 10 CFR 50, Appendix E,’’ April 2, 2020.
VerDate Sep<11>2014
establish plume exposure and ingestion
pathway EPZs for nuclear power
reactors; and (3) certain requirements in
10 CFR part 50, appendix E, section IV,
which establishes the elements that
make up the content of emergency
plans. The proposed action of granting
these exemptions would eliminate the
requirements for the licensee to
maintain offsite radiological emergency
plans in accordance with 44 CFR part
350 and reduce some of the onsite EP
activities at DAEC, based on the reduced
risks once the reactor has been
permanently shut down for a period of
10 months. However, requirements for
certain onsite capabilities to
communicate and coordinate with
offsite response authorities will be
retained and offsite EP provisions to
protect public health and safety will
still exist through State and local
government use of a CEMP.
The NRC is considering issuing the
exemptions. The proposed action would
not significantly affect plant safety,
would not have a significant adverse
effect on the probability of an accident
occurring, and would not have any
significant radiological or
nonradiological impacts. This FONSI
incorporates by reference the EA in
Section II of this document. Therefore,
the NRC concludes that the proposed
action will not have a significant effect
on the quality of the human
environment. Accordingly, the NRC has
determined not to prepare an
environmental impact statement for the
proposed action.
The related environmental document
is the ‘‘Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants: Regarding Duane Arnold
Energy Center, Final Report,’’ NUREG–
1437, Supplement 42, dated October
2010 (ADAMS Accession No.
ML102790308), which provides the
latest environmental review of current
operations and description of
environmental conditions at DAEC.
Frm 00098
Fmt 4703
https://www.fema.gov/media-library-data/20130726-1828-25045-0014/
cpg_101_comprehensive_preparedness_guide_developing_and_
maintaining_emergency_operations_plans_2010.pdf.
ML20101M779.
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Document description
ADAMS accession No./web link
Curtland, D., NextEra Energy Duane Arnold, LLC, letter to U.S. Nuclear
Regulatory Commission, ‘‘Response to Request for Additional Information Relating to Request for Exemption from Portions of 10 CFR
50.47 and 10 CFR 50, Appendix E,’’ October 7, 2020.
Nazar, M., NextEra Energy Duane Arnold, LLC, letter to U.S. Nuclear
Regulatory Commission, ‘‘Certification of Permanent Cessation of
Power Operations,’’ January 18, 2019.
Curtland, D., NextEra Energy Duane Arnold, LLC, letter to U.S. Nuclear
Regulatory Commission, ‘‘Certification of Permanent Cessation of
Power Operations,’’ March 2, 2020.
Curtland, D., NextEra Energy Duane Arnold, LLC, letter to U.S. Nuclear
Regulatory Commission, ‘‘Certification of Permanent Cessation of
Power Operations,’’ August 27, 2020.
Curtland, D., NextEra Energy Duane Arnold, LLC, letter to U.S. Nuclear
Regulatory Commission, ‘‘Certification of Permanent Removal of Fuel
from the Reactor Vessel for Duane Arnold Energy Center,’’ October
12, 2020.
U.S. Environmental Protection Agency, PAG Manual: Protective Action
Guides and Planning Guidance for Radiological Incidents, January
2017.
SECY–21–0006, ‘‘Request by NextEra Energy Duane Arnold, LLC for
Exemptions from Certain Emergency Planning Requirements for the
Duane Arnold Energy Center,’’ January 15, 2021.
Staff Requirements Memorandum to SECY-21-0006, ‘‘Request by
NextEra Energy Duane Arnold, LLC for Exemptions from Certain
Emergency Planning Requirements for the Duane Arnold Energy
Center,’’ February 11, 2021.
NUREG–1437, Supplement 42, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Duane Arnold Energy Center, Final Report,’’ October 2010.
Dated: March 16, 2021.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch,
Division of Decommissioning, Uranium
Recovery and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–409 and 72–046; NRC–
2019–0110]
In the Matter of LaCrosseSolutions,
LLC; La Crosse Boiling Water Reactor
Nuclear Regulatory
Commission.
ACTION: Direct transfer of license;
extending effectiveness of order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
to extend the effectiveness of a
September 24, 2019, order, which
approved the direct transfer of
Possession Only License No. DPR–45 for
the La Crosse Boiling Water Reactor
(LACBWR) from the current holder,
LaCrosseSolutions, LLC, to Dairyland
Power Cooperative and approved a
conforming license amendment, for six
months beyond its current March 24,
2021, expiration date.
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SUMMARY:
VerDate Sep<11>2014
19:13 Mar 18, 2021
Jkt 253001
ML20282A595.
ML19023A196.
ML20062E489.
ML20240A067.
ML20286A317.
https://www.epa.gov/sites/production/files/2017-01/documents/epa_
pag_manual_final_revisions_01-11-2017_cover_disclaimer_8.pdf.
ML20218A875 (Package).
ML21042A030.
ML102790308.
The Order was issued on March
9, 2021 and was effective upon
issuance.
ADDRESSES: Please refer to Docket ID
NRC–2019–0110 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly available
information related to this document
using any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0110. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@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 Order extending the
effectiveness of the approval of the
transfer of license and conforming
amendment is available in ADAMS
under Accession No. ML21050A310.
DATES:
[FR Doc. 2021–05694 Filed 3–18–21; 8:45 am]
14963
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• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at pdr.resource@nrc.gov or call 1–
800–397–4209 or 301–415–4737,
between 8:00 a.m. and 4:00 p.m. (EST),
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Marlayna Doell, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3178; email: Marlayna.Doell@
nrc.gov.
SUPPLEMENTARY INFORMATION:
the Order is attached.
Dated: March 15, 2021.
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The text of
]]>Agencies
[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14960-14963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05694]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-331; NRC-2021-0066]
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 exemptions that would permit the licensee to reduce its
emergency planning (EP) activities at the Duane Arnold Energy Center
(DAEC). Specifically, the licensee is seeking exemptions that would
eliminate the requirements for the licensee to maintain offsite
radiological emergency plans, as well as reduce some of the onsite EP
activities based on the reduced risks at DAEC, which is permanently
shut down and defueled. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response
authorities would be retained. In addition, offsite EP provisions would
still exist through State and local government use of a comprehensive
emergency management plan process, in accordance with the Federal
Emergency Management Agency's (FEMA's) Comprehensive Preparedness Guide
(CPG) 101, ``Developing and Maintaining Emergency Operations Plans.''
The NRC staff is issuing a final Environmental Assessment (EA) and
final Finding of No Significant Impact (FONSI) associated with the
proposed exemptions.
DATES: The EA and FONSI referenced in this document are available on
March 19, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0066 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-2021-0066. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
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(ADAMS): You may obtain publicly available documents online in the
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Search.'' For problems with ADAMS, please contact the NRC's Public
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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, instructions about obtaining materials
referenced in this document are provided in the AVAILABILITY OF
DOCUMENTS section of this document.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209 or
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FOR FURTHER INFORMATION CONTACT: Marlayna V. Doell, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3178; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated January 18, 2019 (ADAMS Accession No. ML19023A196),
NextEra Energy Duane Arnold, LLC (NEDA, the licensee) certified to the
NRC that it planned 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 its timeline and certified to
the NRC that it planned to permanently cease power operations at DAEC
on October 30, 2020. By letter dated August 27, 2020 (ADAMS Accession
No. ML20240A067), NEDA certified to the NRC that power operations
permanently ceased at DAEC on August 10, 2020, and, by letter dated
October 12, 2020 (ADAMS Accession No. ML20286A317), that the fuel was
permanently removed from the DAEC reactor vessel and placed in the
spent
[[Page 14961]]
fuel pool (SFP) as of October 12, 2020. Accordingly, pursuant to
section 50.82(a)(2) of title 10 of the Code of Federal Regulations (10
CFR), the DAEC renewed facility operating license no longer authorizes
operation of the reactor or emplacement or retention of fuel in the
reactor vessel. The facility is still authorized to possess and store
irradiated (i.e., spent) nuclear fuel. Spent fuel is currently stored
onsite at the DAEC facility in the SFP and in a dry cask independent
spent fuel storage installation.
By letter dated April 2, 2020 (ADAMS Accession No. ML20101M779), as
supplemented by letter dated October 7, 2020 (ADAMS Accession No.
ML20282A595), NEDA requested exemptions from certain EP requirements in
10 CFR part 50 for DAEC.
The NRC regulations concerning EP do not recognize the reduced
risks after a reactor is permanently shut down and defueled. As such, a
permanently shutdown and defueled reactor must continue to maintain the
same EP requirements as an operating power reactor under the existing
regulatory requirements. To establish a level of EP commensurate with
the reduced risks of a permanently shutdown and defueled reactor, the
licensee requires exemptions from certain EP regulatory requirements
before it can change its emergency plans.
The NRC is considering issuing to the licensee exemptions from
portions of 10 CFR 50.47, ``Emergency plans,'' and appendix E to 10 CFR
part 50, ``Emergency Planning and Preparedness for Production and
Utilization Facilities,'' which would eliminate the requirements for
the licensee to maintain offsite radiological emergency plans in
accordance with 44 CFR, ``Emergency Management and Assistance,'' part
350, ``Review and Approval of State and Local Radiological Emergency
Plans and Preparedness,'' and reduce some of the onsite EP activities
based on the reduced risks 10 months after DAEC has permanently ceased
power operations.
Consistent with 10 CFR 51.21, the NRC has determined that an EA is
the appropriate form of environmental review for the requested action.
Based on the results of the EA, which is provided in Section II of this
document, the NRC has determined not to prepare an environmental impact
statement for the proposed action and is issuing a FONSI.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would exempt the licensee from: (1) Certain
standards as set forth in 10 CFR 50.47(b) regarding onsite and offsite
emergency response plans for nuclear power reactors; (2) requirements
in 10 CFR 50.47(c)(2) to establish plume exposure and ingestion pathway
emergency planning zones (EPZs) for nuclear power reactors; and (3)
certain requirements in 10 CFR part 50, appendix E, section IV,
``Content of Emergency Plans,'' which establishes the elements that
make up the content of emergency plans. The proposed action of granting
these exemptions would eliminate the requirements for the licensee to
maintain offsite radiological emergency plans in accordance with 44 CFR
part 350 and reduce some of the onsite EP activities at DAEC, based on
the reduced risks once the reactor has been permanently shut down for a
period of 10 months. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response
authorities would be retained to an extent consistent with the approved
exemptions.
Additionally, if necessary, offsite protective actions could still
be implemented using a comprehensive emergency management plan (CEMP)
process. A CEMP in this context, also referred to as an emergency
operations plan (EOP), is addressed in FEMA's CPG 101. The CPG 101 is
the foundation for State, territorial, tribal, and local EP in the
United States under the National Preparedness System. It promotes a
common understanding of the fundamentals of risk-informed planning and
decision making and assists planners at all levels of government in
their efforts to develop and maintain viable, all-hazards, all-threats
emergency plans. An EOP is flexible enough for use in all emergencies.
It describes how people and property will be protected; details who is
responsible for carrying out specific actions; identifies the
personnel, equipment, facilities, supplies, and other resources
available; and outlines how all actions will be coordinated. A CEMP is
often referred to as a synonym for ``all-hazards'' planning. The
proposed action is in accordance with the licensee's application dated
April 2, 2020, as supplemented by letter dated October 7, 2020.
Need for the Proposed Action
The proposed action is needed for the licensee to revise the DAEC
Emergency Plan once the reactor has been permanently shut down for a
period of 10 months. The EP requirements currently applicable to DAEC
are for an operating power reactor. Since the certifications for
permanent cessation of operations and permanent removal of fuel from
the reactor vessel have been docketed, pursuant to 10 CFR 50.82(a)(2),
the DAEC license no longer authorizes use of the facility for power
operation or emplacement or retention of fuel into the reactor vessel
and, therefore, the occurrence of postulated accidents associated with
DAEC reactor operation is no longer credible. However, there are no
explicit regulatory provisions distinguishing EP requirements for a
power reactor that has been permanently shut down and defueled from
those for an operating power reactor.
In its exemption request, the licensee identified three possible
radiological accidents at DAEC in its permanently shutdown and defueled
condition. These are: (1) A fuel-handling accident; (2) a complete loss
of SFP inventory; and (3) an adiabatic heat up of the hottest fuel
assembly. The NRC staff evaluated these possible radiological accidents
in the Commission Paper (SECY) 21-0006, ``Request by NextEra Energy
Duane Arnold, LLC for Exemptions from Certain Emergency Planning
Requirements for the Duane Arnold Energy Center,'' dated January 15,
2021 (ADAMS Package Accession No. ML20218A875).
In SECY-21-0006, the NRC staff verified that the licensee's
analyses and calculations provided reasonable assurance that if the
requested exemptions were granted, then: (1) For a design-basis
accident (DBA), an offsite radiological release will not exceed the
early phase protective action guides (PAGs) at the site boundary, as
detailed in Table 1-1, ``Summary Table for PAGs, Guidelines, and
Planning Guidance for Radiological Incidents,'' to the U.S.
Environmental Protection Agency's (EPA's), ``PAG Manual: Protective
Action Guides and Planning Guidance for Radiological Incidents,'' EPA-
400/R-17/001, dated January 2017; (2) in the highly unlikely event of a
beyond DBA resulting in a loss of all SFP cooling, there is sufficient
time to initiate appropriate mitigating actions; and (3) in the event a
radiological release has or is projected to occur, there would be
sufficient time for offsite agencies to take protective actions using a
CEMP to protect the health and safety of the public if offsite
governmental officials determine that such action is warranted. The
Commission approved the NRC staff's recommendation to grant the
exemptions based on this evaluation
[[Page 14962]]
in its Staff Requirements Memorandum to SECY-21-0006, dated February
11, 2021 (ADAMS Accession No. ML21042A030).
Based on these analyses, the licensee states that complete
application of the EP rule to DAEC 10 months after its permanent
cessation of power operations would not serve the underlying purpose of
the rule or is not necessary to achieve the underlying purpose of the
rule. The licensee also states that it would incur undue costs in the
application of operating plant EP requirements for the maintenance of
an emergency response organization in excess of that actually needed to
respond to the diminished scope of credible accidents for DAEC 10
months after its permanent cessation of power operations.
Environmental Impacts of the Proposed Action
The NRC staff has completed its evaluation of the environmental
impacts of the proposed action.
The proposed action consists mainly of changes related to the
elimination of requirements for the licensee to maintain offsite
radiological emergency plans in accordance with 44 CFR part 350 and
reduce some of the onsite EP activities at DAEC, based on the reduced
risks once the reactor has been permanently shut down for a period of
10 months. However, requirements for certain onsite capabilities to
communicate and coordinate with offsite response authorities will be
retained and offsite EP provisions to protect public health and safety
will still exist through State and local government use of a CEMP.
With regard to potential nonradiological environmental impacts, the
proposed action would have no direct impacts on land use or water
resources, including terrestrial and aquatic biota, as it involves no
new 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 plants' 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 nonradiological environmental impacts
associated with the proposed action.
With regard to potential radiological environmental impacts, as
previously stated, the proposed action would not increase the
probability or consequences of radiological accidents. Additionally,
the NRC staff has concluded that the proposed action would have no
direct radiological environmental impacts. There would be no change to
the types or amounts of radioactive effluents that may be released and,
therefore, no change in occupational or public radiation exposure from
the proposed action. 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.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff considered
the denial of the proposed action (i.e., the ``no-action''
alternative). The denial of the application would result in no change
in current environmental impacts. Therefore, 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 February 23, 2021, the
State of Iowa representative was notified of this EA and FONSI.
III. Finding of No Significant Impact
The licensee has proposed exemptions from: (1) Certain standards in
10 CFR 50.47(b) regarding onsite and offsite emergency response plans
for nuclear power reactors; (2) the requirements in 10 CFR 50.47(c)(2)
to establish plume exposure and ingestion pathway EPZs for nuclear
power reactors; and (3) certain requirements in 10 CFR part 50,
appendix E, section IV, which establishes the elements that make up the
content of emergency plans. The proposed action of granting these
exemptions would eliminate the requirements for the licensee to
maintain offsite radiological emergency plans in accordance with 44 CFR
part 350 and reduce some of the onsite EP activities at DAEC, based on
the reduced risks once the reactor has been permanently shut down for a
period of 10 months. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response
authorities will be retained and offsite EP provisions to protect
public health and safety will still exist through State and local
government use of a CEMP.
The NRC is considering issuing the exemptions. The proposed action
would not significantly affect plant safety, would not have a
significant adverse effect on the probability of an accident occurring,
and would not have any significant radiological or nonradiological
impacts. This FONSI incorporates by reference the EA in Section II of
this document. Therefore, the NRC concludes that the proposed action
will not have a significant effect on the quality of the human
environment. Accordingly, the NRC has determined not to prepare an
environmental impact statement for the proposed action.
The related environmental document is the ``Generic Environmental
Impact Statement for License Renewal of Nuclear Plants: Regarding Duane
Arnold Energy Center, Final Report,'' NUREG-1437, Supplement 42, dated
October 2010 (ADAMS Accession No. ML102790308), which provides the
latest environmental review of current operations and description of
environmental conditions at DAEC.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
----------------------------------------------------------------------------------------------------------------
Document description ADAMS accession No./web link
----------------------------------------------------------------------------------------------------------------
Federal Emergency Management Agency, Developing and https://www.fema.gov/media-library-data/20130726-1828-
Maintaining Emergency Operations Plans, Comprehensive 25045-0014/
Preparedness Guide (CPG) 101, Version 2.0, November cpg_101_comprehensive_preparedness_guide_developing_an
2010. d_maintaining_emergency_operations_plans_2010.pdf.
Curtland, D., NextEra Energy Duane Arnold, LLC, letter ML20101M779.
to U.S. Nuclear Regulatory Commission, ``Request for
Exemption from Portions of 10 CFR 50.47 and 10 CFR 50,
Appendix E,'' April 2, 2020.
[[Page 14963]]
Curtland, D., NextEra Energy Duane Arnold, LLC, letter ML20282A595.
to U.S. Nuclear Regulatory Commission, ``Response to
Request for Additional Information Relating to Request
for Exemption from Portions of 10 CFR 50.47 and 10 CFR
50, Appendix E,'' October 7, 2020.
Nazar, M., NextEra Energy Duane Arnold, LLC, letter to ML19023A196.
U.S. Nuclear Regulatory Commission, ``Certification of
Permanent Cessation of Power Operations,'' January 18,
2019.
Curtland, D., NextEra Energy Duane Arnold, LLC, letter ML20062E489.
to U.S. Nuclear Regulatory Commission, ``Certification
of Permanent Cessation of Power Operations,'' March 2,
2020.
Curtland, D., NextEra Energy Duane Arnold, LLC, letter ML20240A067.
to U.S. Nuclear Regulatory Commission, ``Certification
of Permanent Cessation of Power Operations,'' August
27, 2020.
Curtland, D., NextEra Energy Duane Arnold, LLC, letter ML20286A317.
to U.S. Nuclear Regulatory Commission, ``Certification
of Permanent Removal of Fuel from the Reactor Vessel
for Duane Arnold Energy Center,'' October 12, 2020.
U.S. Environmental Protection Agency, PAG Manual: https://www.epa.gov/sites/production/files/2017-01/
Protective Action Guides and Planning Guidance for documents/epa_pag_manual_final_revisions_01-11-
Radiological Incidents, January 2017. 2017_cover_disclaimer_8.pdf.
SECY-21-0006, ``Request by NextEra Energy Duane Arnold, ML20218A875 (Package).
LLC for Exemptions from Certain Emergency Planning
Requirements for the Duane Arnold Energy Center,''
January 15, 2021.
Staff Requirements Memorandum to ML21042A030.
SECY[dash]21[dash]0006, ``Request by NextEra Energy
Duane Arnold, LLC for Exemptions from Certain
Emergency Planning Requirements for the Duane Arnold
Energy Center,'' February 11, 2021.
NUREG-1437, Supplement 42, ``Generic Environmental ML102790308.
Impact Statement for License Renewal of Nuclear
Plants: Regarding Duane Arnold Energy Center, Final
Report,'' October 2010.
----------------------------------------------------------------------------------------------------------------
Dated: March 16, 2021.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2021-05694 Filed 3-18-21; 8:45 am]
BILLING CODE 7590-01-P
