Holtec Decommissioning International, LLC, Palisades Nuclear Plant, 67503-67506 [2021-25830]
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
Species into Antarctica, Export From
USA. The applicant proposes uses
American-grown cultures of Antarctic
diatom species Corethron Hystrix to
support research activities at Palmer
Station, Antarctica. The diatoms will be
added to two large circular aquarium
tanks as a food source for juvenile
Antarctic krill. During feeding, flowthrough of seawater in tanks will be
closed off to prevent outflow of diatoms.
Additionally, outflow pipes will be
covered in mesh screens fine enough to
trap Corethron Hystrix and prevent
release. These screens will be sanitized
regularly, and outflow of seawater will
be regularly sampled and tested for
presence of diatoms prior to discharge
to the natural environment.
Location: Palmer Station, Antarctica.
Dates of Permitted Activities: April 1,
2022—October 01, 2022.
Erika N. Davis,
Program Specialist, Office of Polar Programs.
[FR Doc. 2021–25731 Filed 11–24–21; 8:45 am]
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NATIONAL SCIENCE FOUNDATION
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Astronomy and Astrophysics Advisory
Committee; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation (NSF) announces the
following meeting:
Name and Committee Code:
Astronomy and Astrophysics Advisory
Committee (#13883).
Date and Time: January 25, 2022; 9:00
a.m.—5:00 p.m.
January 26, 2022; 9:00 a.m.—5:00 p.m.
Place: National Science Foundation,
2415 Eisenhower Avenue, Alexandria,
VA 22314, via Zoom
Type of Meeting: Open.
Attendance information for the
meeting will be forthcoming on the
website: https://www.nsf.gov/mps/ast/
aaac.jsp.
Contact Person: Dr. Martin Still,
Program Director, Division of
Astronomical Sciences, Suite W 9188,
National Science Foundation, 2415
Eisenhower Avenue, Alexandria, VA
22314; Telephone: 703–292–4290.
Purpose of Meeting: To provide
advice and recommendations to the
National Science Foundation (NSF), the
National Aeronautics and Space
Administration (NASA) and the U.S.
Department of Energy (DOE) on issues
within the field of astronomy and
astrophysics that are of mutual interest
and concern to the agencies.
Agenda: To hear presentations of
current programming by representatives
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from NSF, NASA, DOE and other
agencies relevant to astronomy and
astrophysics; to discuss current and
potential areas of cooperation between
the agencies; to formulate
recommendations for continued and
new areas of cooperation and
mechanisms for achieving them. Discuss
the Committee’s draft annual report due
15 March 2022.
Dated: November 22, 2021.
Crystal Robinson,
Committee Management Officer.
BILLING CODE 7555–01–P
Committee Management; Renewal
The NSF management officials having
responsibility for the advisory
committee listed below have
determined that renewing this
committee for another two years is
necessary and in the public interest in
connection with the performance of
duties imposed upon the Director,
National Science Foundation (NSF), by
42 U.S.C. 1861 et seq. This
determination follows consultation with
the Committee Management Secretariat,
General Services Administration.
Committee: President’s Committee on
the National Medal of Science, #1182.
Effective date for renewal is
November 22, 2021. For more
information, please contact Crystal
Robinson, NSF, at (703) 292–8687.
Dated: November 22, 2021.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2021–25828 Filed 11–24–21; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–255; NRC–2021–0206]
Holtec Decommissioning International,
LLC, Palisades Nuclear Plant
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 December 23, 2020, request from
Holtec Decommissioning International,
LLC (HDI) related Palisades Nuclear
Plant (PNP), located in Van Buren
County, Michigan. The exemption
SUMMARY:
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The EA and FONSI referenced in
this document are available on
November 26, 2021.
Please refer to Docket ID
NRC–2021–0206 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–2021–0206. Address
questions about Dockets 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. For the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the AVAILABILITY OF
DOCUMENTS section of this document.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at NRC’s PDR, Room
P1 B35, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852. To make an appointment to visit
the PDR, please send an email to
PDR.Resource@nrc.gov or call 1–800–
397–4209 or 301–415–4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday
through Friday, except Federal holidays.
ADDRESSES:
NATIONAL SCIENCE FOUNDATION
Frm 00074
would permit HDI to use funds from the
PNP nuclear decommissioning trust
(NDT) for spent fuel management and
site restoration activities for PNP. 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:
[FR Doc. 2021–25777 Filed 11–24–21; 8:45 am]
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67503
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FOR FURTHER INFORMATION CONTACT:
Scott P. Wall, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2855; email:
Scott.Wall@nrc.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
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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
Renewed Facility Operating License No.
DPR–20 for PNP, located in Van Buren
County, Michigan. HDI requested the
exemption by letter dated December 23,
2020. The exemption would permit HDI
to use funds from the PNP NDT for
spent fuel management and site
restoration activities for PNP in the
same manner that funds from the NDT
are used under 10 CFR 50.82(a)(8) for
decommissioning activities. HDI
submitted the exemption request based
on its analysis of the expected PNP
decommissioning costs, spent fuel
management costs, and site restoration
costs, as provided in the PNP PostShutdown Decommissioning Activities
Report (PSDAR) submitted by HDI to the
NRC on December 23, 2020.
By letter dated December 23, 2020,
Entergy Nuclear Operations, Inc.
(ENOI), on behalf of itself, Entergy
Nuclear Palisades, LLC (ENP), Holtec
International (Holtec), and HDI,
requested that the NRC consent to (1)
the indirect transfer of control of
Renewed Facility Operating License No.
DPR–20 for PNP, the general license for
the PNP Independent Spent Fuel
Storage Installation (ISFSI), Facility
Operating License No. DPR–6 for Big
Rock Point Plant (Big Rock Point), and
the general license for the Big Rock
Point ISFSI (referred to collectively as
the Sites and the licenses) to Holtec; and
(2) the transfer of ENOI’s operating
authority (i.e., its authority to conduct
licensed activities at the Sites) to HDI.
The requested exemption from 10 CFR
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv)
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 of this document, and in
accordance with 10 CFR 51.31(a), 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 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
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funds from the PNP NDT 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 withdrawals.
The proposed action is in accordance
with HDI’s application dated December
23, 2020.
Need for the Proposed Action
By letter dated January 4, 2017, as
supplemented by letters dated
September 28, 2017, and October 19,
2017, ENOI submitted notification to the
NRC indicating that it would
permanently cease power operations at
PNP no later than May 31, 2022.
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 PNP NDT for spent
fuel management and site restoration
activities for PNP.
HDI stated that Table 1 of the
exemption request demonstrates that the
PNP NDT contains the funds needed to
cover the estimated costs of PNP
radiological decommissioning, as well
as spent fuel management and site
restoration activities. The adequacy of
funds in the PNP NDT to cover the costs
of activities associated with spent fuel
management, site restoration, and
radiological decommissioning through
license termination is supported by the
HDI PNP PSDAR. HDI stated that it
needs access to the funds in the PNP
NDT 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 NDT in connection with the
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operation of the NDT, no disbursement
may be made from the NDT 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 PNP NDT for spent fuel
management and site restoration
activities without prior NRC
notification.
In summary, by letter dated December
23, 2020, HDI requested an exemption
to allow PNP NDT withdrawals, without
prior written notification to the NRC, for
spent fuel management and site
restoration activities for PNP.
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. Before the NRC
could approve the proposed action, it
would have to conclude that there is
reasonable assurance that adequate
funds are available in the NDT to
complete all activities associated with
radiological decommissioning as well as
spent fuel management and site
restoration. Therefore, there would be
no decrease in safety associated with the
use of the NDT 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
PNP NDT that are in excess of those
required for radiological
decommissioning, the adequacy of the
funds dedicated for radiological
decommissioning would not be affected
by the proposed exemption. Therefore,
there is reasonable assurance that there
would be no environmental impact due
to lack of adequate funding for
radiological decommissioning.
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
The proposed action would not
significantly increase the probability or
consequences of radiological accidents.
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 would 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 would continue
to be able to perform their functions.
Moreover, no changes would be made to
plant buildings or the site property from
the proposed action. Therefore, there are
no significant radiological
environmental impacts associated with
the proposed action.
With regard to potential nonradiological impacts, the proposed
action would have no direct impacts on
land use or water resources, including
terrestrial and aquatic biota, as it
involves no new construction or
modification of plant operational
systems. There would be no changes to
the quality or quantity of nonradiological effluents and no changes to
the plant’s National Pollutant Discharge
Elimination System permits would be
needed. In addition, there would be no
noticeable effect on socioeconomic
conditions in the region, no
environment justice impacts, no air
quality impacts, and no impacts to
historic and cultural resources from the
proposed action. Therefore, there are no
significant non-radiological
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 and Persons Consulted
No additional agencies or persons
were consulted regarding the
environmental impact of the proposed
action. On November 5, 2021, the NRC
notified the State of Michigan
representative of the EA and FONSI.
The representative had no comments.
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 PNP NDT for spent fuel
management and site restoration
activities for PNP, 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 proposed action involves an
exemption from requirements that are of
a financial or administrative nature and
that would 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
December 23, 2020, there are no other
environmental documents associated
with this review.
Previous considerations regarding the
environmental impacts of operating PNP
are described in NUREG–1437,
Supplement 27, ‘‘Generic
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Supplement 27 Regarding Palisades
Nuclear Plant—Final Report,’’ dated
October 2006.
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons through ADAMS, as
indicated.
ADAMS
Accession No.
Document description
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Letter from ENOI to NRC, ‘‘Certification of Permanent Cessation of Power Operations,’’ dated January 4, 2017 .......................
Letter from ENOI to NRC, ‘‘Certification of Permanent Cessation of Power Operations,’’ dated September 28, 2017 ................
Letter from ENOI to NRC, ‘‘Supplement to Certification of Permanent Cessation of Power Operations,’’ dated October 19,
2017 .............................................................................................................................................................................................
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),’’ dated December 23, 2020 .................................................................................................................................................................................
Letter from HDI to NRC, ‘‘Post Shutdown Decommissioning Activities Report including Site-Specific Decommissioning Cost
Estimate for Palisades Nuclear Plant,’’ dated December 23, 2020 ............................................................................................
Letter from ENOI to NRC, ‘‘Application for Order Consenting to Transfers of Control of Licenses and Approving Conforming
License Amendments,’’ dated December 23, 2020 .....................................................................................................................
NUREG–1437, Supplement 27, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Supplement 27 Regarding Palisades Nuclear Plant—Final Report,’’ dated October 2006 ...................................................................
Dated: November 22, 2021.
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For the Nuclear Regulatory Commission.
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67506
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
Scott P. Wall,
Senior Project Manager, Plant Licensing
Branch III, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2021–25830 Filed 11–24–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2021–0147]
Evaluations of Explosions Postulated
To Occur at Nearby Facilities and on
Transportation Routes Near Nuclear
Power Plants
Nuclear Regulatory
Commission.
ACTION: Regulatory guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Revision 3
to Regulatory Guide (RG)1.91,
‘‘Evaluations of Explosions Postulated
to Occur at Nearby Facilities and on
Transportation Routes Near Nuclear
Power Plants.’’ The revision of RG 1.91
describes methods that the NRC finds
acceptable for applicants and licensees
of nuclear power reactors to use in
evaluating postulated accidental
explosions at nearby facilities and
transportation routes.
DATES: Revision 3 of RG 1.91 is available
on November 26, 2021.
ADDRESSES: Please refer to Docket ID
NRC–2021–0147 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–2021–0147. 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 individuals 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. Revision 3 of
RG 1.91 and the regulatory analysis may
be found in ADAMS under Accession
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SUMMARY:
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Nos. ML21260A242 and ML21105A438,
respectively.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
(ET), Monday through Friday, except
Federal holidays.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT:
Michael Eudy, Office of Nuclear
Regulatory Research, telephone: 301–
415–3104, email: Michael.Eudy@
nrc.gov, Ronaldo Jenkins, Office of
Nuclear Regulatory Research, telephone:
301–415–6978, email: Ronaldo.Jenkins@
nrc.gov, and Kenneth See, Office of
Nuclear Reactor Regulation, telephone:
301–415–1508, email: Kenneth.See@
nrc.gov. They are all staff of the U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
IV. Backfitting, Forward Fitting and
Issue Finality
I. Discussion
New Postal Product
The NRC is issuing a revision to an
existing guide in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe and make
available to the public information
regarding methods that are acceptable to
the NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the NRC staff uses in
evaluating specific issues or postulated
events, and data that the NRC staff
needs in its review of applications for
permits and licenses.
II. Additional Information
Revision 3 of RG 1.91 was issued with
a temporary identification of Draft
Regulatory Guide (DG)-1388. The NRC
published a notice of the availability of
DG–1388 in the Federal Register on
August 2, 2021, (86 FR 41525) for a 30day public comment period. The public
comment period closed on September 1,
2021. Public comments on DG–1388 and
the staff responses to the public
comments are available in ADAMS
under Accession No. ML21260A167.
III. Congressional Review Act
This RG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
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Revision 3 of RG 1.91 does not
constitute backfitting as defined in
section 50.109 of title 10 of the Code of
Federal Regulations, ‘‘Backfitting,’’ and
as described in NRC Management
Directive (MD) 8.4, ‘‘Management of
Backfitting, Forward Fitting, Issue
Finality, and Information Requests;’’
does not constitute forward fitting as
that term is defined and described in
MD 8.4; and does not affect the issue
finality of any approval issued under 10
CFR part 52. As explained in Revision
3 of RG 1.91, applicants and licensees
would not be required to comply with
the positions set forth in the RG.
For the Nuclear Regulatory Commission.
Dated: November 22, 2021.
Edward F. O’Donnell,
Acting Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2021–25836 Filed 11–24–21; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2022–21 and CP2022–23]
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: November
30, 2021.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
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Agencies
[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67503-67506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25830]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255; NRC-2021-0206]
Holtec Decommissioning International, LLC, Palisades Nuclear
Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an exemption in response to the December 23, 2020, request
from Holtec Decommissioning International, LLC (HDI) related Palisades
Nuclear Plant (PNP), located in Van Buren County, Michigan. The
exemption would permit HDI to use funds from the PNP nuclear
decommissioning trust (NDT) for spent fuel management and site
restoration activities for PNP. 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 26, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0206 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-2021-0206. Address
questions about Dockets 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.
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]. For the convenience of the reader,
the ADAMS accession numbers are provided in a table in the AVAILABILITY
OF DOCUMENTS section of this document.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at NRC's PDR, Room P1 B35, One White Flint
North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Scott P. Wall, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2855; email: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 67504]]
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 Renewed Facility Operating
License No. DPR-20 for PNP, located in Van Buren County, Michigan. HDI
requested the exemption by letter dated December 23, 2020. The
exemption would permit HDI to use funds from the PNP NDT for spent fuel
management and site restoration activities for PNP in the same manner
that funds from the NDT are used under 10 CFR 50.82(a)(8) for
decommissioning activities. HDI submitted the exemption request based
on its analysis of the expected PNP decommissioning costs, spent fuel
management costs, and site restoration costs, as provided in the PNP
Post-Shutdown Decommissioning Activities Report (PSDAR) submitted by
HDI to the NRC on December 23, 2020.
By letter dated December 23, 2020, Entergy Nuclear Operations, Inc.
(ENOI), on behalf of itself, Entergy Nuclear Palisades, LLC (ENP),
Holtec International (Holtec), and HDI, requested that the NRC consent
to (1) the indirect transfer of control of Renewed Facility Operating
License No. DPR-20 for PNP, the general license for the PNP Independent
Spent Fuel Storage Installation (ISFSI), Facility Operating License No.
DPR-6 for Big Rock Point Plant (Big Rock Point), and the general
license for the Big Rock Point ISFSI (referred to collectively as the
Sites and the licenses) to Holtec; and (2) the transfer of ENOI's
operating authority (i.e., its authority to conduct licensed activities
at the Sites) to HDI. The requested exemption from 10 CFR
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) 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 of this
document, and in accordance with 10 CFR 51.31(a), 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 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 PNP NDT 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 withdrawals.
The proposed action is in accordance with HDI's application dated
December 23, 2020.
Need for the Proposed Action
By letter dated January 4, 2017, as supplemented by letters dated
September 28, 2017, and October 19, 2017, ENOI submitted notification
to the NRC indicating that it would permanently cease power operations
at PNP no later than May 31, 2022.
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 PNP
NDT for spent fuel management and site restoration activities for PNP.
HDI stated that Table 1 of the exemption request demonstrates that
the PNP NDT contains the funds needed to cover the estimated costs of
PNP radiological decommissioning, as well as spent fuel management and
site restoration activities. The adequacy of funds in the PNP NDT to
cover the costs of activities associated with spent fuel management,
site restoration, and radiological decommissioning through license
termination is supported by the HDI PNP PSDAR. HDI stated that it needs
access to the funds in the PNP NDT 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 NDT in connection with the operation of the NDT, no disbursement
may be made from the NDT 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 PNP
NDT for spent fuel management and site restoration activities without
prior NRC notification.
In summary, by letter dated December 23, 2020, HDI requested an
exemption to allow PNP NDT withdrawals, without prior written
notification to the NRC, for spent fuel management and site restoration
activities for PNP.
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. Before the NRC could approve
the proposed action, it would have to conclude that there is reasonable
assurance that adequate funds are available in the NDT to complete all
activities associated with radiological decommissioning as well as
spent fuel management and site restoration. Therefore, there would be
no decrease in safety associated with the use of the NDT 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 PNP NDT that are in
excess of those required for radiological decommissioning, the adequacy
of the funds dedicated for radiological decommissioning would not be
affected by the proposed exemption. Therefore, there is reasonable
assurance that there would be no environmental impact due to lack of
adequate funding for radiological decommissioning.
[[Page 67505]]
The proposed action would not significantly increase the
probability or consequences of radiological accidents. 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 would 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 would continue
to be able to perform their functions. Moreover, no changes would be
made to plant buildings or the site property from the proposed action.
Therefore, there are no significant radiological environmental impacts
associated with the proposed action.
With regard to potential non-radiological impacts, the proposed
action would have no direct impacts on land use or water resources,
including terrestrial and aquatic biota, as it involves no new
construction or modification of plant operational systems. There would
be no changes to the quality or quantity of non-radiological effluents
and no changes to the plant's National Pollutant Discharge Elimination
System permits would be needed. In addition, there would be no
noticeable effect on socioeconomic conditions in the region, no
environment justice impacts, no air quality impacts, and no impacts to
historic and cultural resources from the proposed action. Therefore,
there are no significant non-radiological 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 and Persons Consulted
No additional agencies or persons were consulted regarding the
environmental impact of the proposed action. On November 5, 2021, the
NRC notified the State of Michigan representative of the EA and FONSI.
The representative had no comments.
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 PNP NDT for spent
fuel management and site restoration activities for PNP, 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 proposed
action involves an exemption from requirements that are of a financial
or administrative nature and that would 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 December 23, 2020, there are no other
environmental documents associated with this review.
Previous considerations regarding the environmental impacts of
operating PNP are described in NUREG-1437, Supplement 27, ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants:
Supplement 27 Regarding Palisades Nuclear Plant--Final Report,'' dated
October 2006.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS, as indicated.
------------------------------------------------------------------------
ADAMS Accession
Document description No.
------------------------------------------------------------------------
Letter from ENOI to NRC, ``Certification of Permanent ML17004A062
Cessation of Power Operations,'' dated January 4,
2017.................................................
Letter from ENOI to NRC, ``Certification of Permanent ML17271A233
Cessation of Power Operations,'' dated September 28,
2017.................................................
Letter from ENOI to NRC, ``Supplement to Certification ML17292A032
of Permanent Cessation of Power Operations,'' dated
October 19, 2017.....................................
Letter from HDI to NRC, ``Request for Exemptions from ML20358A239
10 CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(1)(iv),'' dated December 23, 2020...........
Letter from HDI to NRC, ``Post Shutdown ML20358A232
Decommissioning Activities Report including Site-
Specific Decommissioning Cost Estimate for Palisades
Nuclear Plant,'' dated December 23, 2020.............
Letter from ENOI to NRC, ``Application for Order ML20358A075
Consenting to Transfers of Control of Licenses and
Approving Conforming License Amendments,'' dated
December 23, 2020....................................
NUREG-1437, Supplement 27, ``Generic Environmental ML062710300
Impact Statement for License Renewal of Nuclear
Plants: Supplement 27 Regarding Palisades Nuclear
Plant--Final Report,'' dated October 2006............
------------------------------------------------------------------------
Dated: November 22, 2021.
For the Nuclear Regulatory Commission.
[[Page 67506]]
Scott P. Wall,
Senior Project Manager, Plant Licensing Branch III, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-25830 Filed 11-24-21; 8:45 am]
BILLING CODE 7590-01-P