Holtec Decommissioning International, LLC, Palisades Nuclear Plant, 67503-67506 [2021-25830]

Download as PDF 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] BILLING CODE 7555–01–P NATIONAL SCIENCE FOUNDATION jspears on DSK121TN23PROD with NOTICES1 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 VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 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: Fmt 4703 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] PO 00000 67503 Sfmt 4703 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: E:\FR\FM\26NON1.SGM 26NON1 67504 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 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 VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26NON1.SGM 26NON1 67505 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 jspears on DSK121TN23PROD with NOTICES1 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. VerDate Sep<11>2014 20:16 Nov 24, 2021 For the Nuclear Regulatory Commission. Jkt 256001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\26NON1.SGM 26NON1 ML17004A062 ML17271A233 ML17292A032 ML20358A239 ML20358A232 ML20358A075 ML062710300 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 jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 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. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 http:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. 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 E:\FR\FM\26NON1.SGM 26NON1

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