Environmental Assessment and Finding of No Significant Impact; Holtec Decommissioning International, LLC, and Holtec Palisades, LLC, Palisades Nuclear Plant, 88664-88667 [2023-28293]
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88664
Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
built, archaeological, and tribal cultural
resources under NASA’s stewardship.
Supporting information on the NPA can
be found on the NASA NPA website at
https://www.nasa.gov/emd/nasa-npa/.
This web page contains links to the
Draft NPA, ‘‘NPA Drafts for Review,’’ as
well as supplemental resource
information on three other pages:
‘‘About the NPA’’, ‘‘NPA Frequently
Asked Questions (FAQs)’’, and
‘‘Resource Significance Framework
(RSF).’’
[FR Doc. 2023–28248 Filed 12–21–23; 8:45 am]
BILLING CODE 7510–13–P
NUCLEAR REGULATORY
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[Docket No. 50–255; NRC–2023–0200]
Environmental Assessment and
Finding of No Significant Impact;
Holtec Decommissioning International,
LLC, and Holtec Palisades, LLC,
Palisades Nuclear Plant
Nuclear Regulatory
Commission.
ACTION: Notice; 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 Palisades Nuclear Plant (Palisades).
Specifically, Holtec Decommissioning
International, LLC (HDI), one of the
licensees of Palisades and an indirect
wholly owned subsidiary of Holtec
International (Holtec), requested an
exemption on behalf of Holtec
Palisades, LLC, the other Palisades
licensee (hereinafter collectively
referred to as the licensee) that would
eliminate the requirements to maintain
formal offsite radiological emergency
plans, as well as reduce the scope of
some of the onsite EP activities based on
the reduced risks at Palisades, based on
the submission of certifications for
permanent cessation of operations and
permanent removal of fuel from the
reactor vessel at Palisades. However,
requirements for an onsite radiological
emergency plan and 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
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The EA and FONSI referenced in
this document are available on
December 22, 2023.
DATES:
Please refer to Docket ID
NRC–2023–0200 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–2023–0200. 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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. 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.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. 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 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
ADDRESSES:
Joel R. Carney,
Assistant Administrator, Office of Strategic
Infrastructure.
SUMMARY:
Management Agency’s (FEMA’s)
Comprehensive Preparedness Guide
(CPG) 101, ‘‘Developing and
Maintaining Emergency Operations
Plans.’’ The NRC staff is issuing an
environmental assessment (EA) and a
finding of no significant impact (FONSI)
associated with the proposed
exemptions.
FOR FURTHER INFORMATION CONTACT:
Tanya E. Hood, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–1387; email: Tanya.Hood@
nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
By letters dated September 28, 2017,
and October 19, 2017, in accordance
with sections 50.4(b)(8) and
50.82(a)(1)(i) of title 10 of the Code of
Federal Regulations (10 CFR) part 50,
‘‘Domestic Licensing of Production and
Utilization Facilities,’’ Entergy Nuclear
Operations, Inc. (ENOI), which was the
licensee at that time, notified the NRC
that it had decided to permanently cease
power operations at Palisades by May
31, 2022.
Pursuant to 10 CFR 50.82(a)(1)(ii), by
letter dated June 13, 2022, ENOI
certified to the NRC that the fuel had
been permanently removed from the
Palisades reactor vessel and placed in
the spent fuel pool (SFP). Upon the
docketing of these certifications, in
accordance with 10 CFR 50.82(a)(2), the
Palisades license no longer authorizes
operation of the reactor or emplacement
or retention of fuel into the reactor
vessel. The spent fuel from Palisades is
stored in the SFP and in dry cask
storage at the onsite independent spent
fuel storage installation, where it will
remain until it is shipped offsite.
By Order dated December 13, 2021,
the NRC approved a transfer of the
Palisades license from ENOI and
Entergy Nuclear Palisades, LLC, to
Holtec and HDI. This transfer was
executed on June 28, 2022, such that
HDI and Holtec Palisades, LLC became
the licensees for Palisades. To address
the upcoming transition from an
operating plant to a permanently
defueled facility, by letter dated
September 24, 2018, the NRC issued an
amendment authorizing ENOI to adopt
a post-shutdown emergency plan (PSEP)
and approving changes to the Palisades
emergency plan to support the planned
permanent cessation of operations and
permanent removal of fuel from the
reactor vessel. Upon implementation of
the PSEP on June 15, 2022, the Palisades
emergency response organization onshift and augmented staffing
requirements were revised
commensurate with the reduced
spectrum of credible accidents for a
permanently shut down and defueled
nuclear power reactor facility.
By letter dated July 11, 2022, the
licensee requested exemptions from
specific portions of 10 CFR 50.47,
‘‘Emergency plans,’’ and appendix E,
‘‘Emergency Planning and Preparedness
for Production and Utilization
Facilities,’’ to 10 CFR part 50 for the
Palisades license. More specifically, HDI
requested exemptions from certain
planning standards in 10 CFR 50.47(b)
regarding onsite and offsite radiological
emergency preparedness (REP) plans for
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nuclear power reactors; from certain
requirements in 10 CFR 50.47(c)(2) for
establishment of plume exposure
pathway and ingestion pathway
emergency planning zones (EPZs) for
nuclear power reactors; and from certain
requirements in 10 CFR part 50,
appendix E, section IV, ‘‘Content of
Emergency Plans.’’
HDI’s requested exemptions would
eliminate the NRC requirements to
maintain formal offsite REP 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 would reduce the
scope of the onsite EP activities at
Palisades. The request by HDI is based
on the reduced risks of an offsite
radiological release at Palisades after
permanent cessation of power
operations and when all spent fuel has
decayed for at least 12 months. The
exemptions would maintain the
requirements for an onsite radiological
emergency plan and would continue to
ensure the capability to communicate
and coordinate with offsite response
authorities. These exemptions will
terminate if the status of the Palisades
reactor changes such that the
certifications of permanent cessation of
operations and permanent removal of
fuel from the reactor vessel are no
longer applicable and the facility would
be required to come into compliance
with all applicable NRC regulations.
The EP requirements of 10 CFR 50.47
and appendix E to 10 CFR part 50 do
not distinguish between operating
reactors and those that have ceased
operations and defueled. As such, a
permanently shut down 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 shut
down and defueled reactor, the licensee
must seek exemptions from certain EP
regulatory requirements before it can
change its emergency plans.
The NRC is therefore considering
issuing to the licensee the proposed
exemptions from portions of 10 CFR
50.47 and appendix E to 10 CFR part 50,
which would eliminate the
requirements for the licensee to
maintain offsite radiological emergency
plans and reduce some of the onsite EP
activities based on the reduced
radiological risks as Palisades has
permanently ceased power operations
and all spent fuel has decayed for more
than 12 months.
Consistent with 10 CFR 51.21,
‘‘Criteria for and identification of
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licensing and regulatory actions
requiring environmental assessments,’’
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 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
NRC requirements for the licensee to
maintain offsite radiological emergency
plans in accordance with 44 CFR part 50
and reduce some of the onsite EP
activities at Palisades. However,
requirements for certain onsite
capabilities to communicate and
coordinate with offsite response
authorities would be retained.
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, 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. A CEMP 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 previously
noted discussion in this notice and the
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88665
licensee’s exemption request dated July
11, 2022.
Need for the Proposed Action
The proposed action is needed for the
licensee to revise the Palisades PSEP.
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 Palisades 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
Palisades reactor operation is no longer
credible. As the EP requirements do not
distinguish between operating reactors
and a power reactor that has been
permanently shut down and defueled,
the licensee requests an exemption from
certain EP requirements commensurate
with the radiological risks at the site.
In its exemption request, the licensee
identified four possible design-basis
accidents (DBAs) at Palisades in its
permanently shut down and defueled
condition. These are: (1) a fuel handling
accident in the reactor cavity; (2) an
accidental release of waste gas; (3) an
accidental release of waste liquid; and
(4) a postulated cask drop accident. The
licensee also considered the
consequences of a beyond DBA
involving a complete loss of SFP water
inventory and no accompanying heat
loss (i.e., adiabatic heat up). The NRC
staff evaluated these possible
radiological accidents, as well as the
associated analyses provided by the
licensee, in the Commission Paper
(SECY)-23–0043, ‘‘Request by Holtec
Decommissioning International, LLC for
Exemptions from Certain EP
Requirements for Palisades Nuclear
Plant,’’ dated May 15, 2023.
In SECY–23–0043, 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
DBA, an offsite radiological release will
not exceed the U.S. Environmental
Protection Agency’s (EPA) early phase
Protective Action Guides (PAGs) at the
exclusion area boundary (EAB), as
detailed in Table 1–1, ‘‘Summary Table
for PAGs, Guidelines, and Planning
Guidance for Radiological Incidents,’’ to
the 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
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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 in
its Staff Requirements Memorandum to
SECY–23–0043, dated December 7,
2023.
Based on the licensee’s analyses
related to the reduced radiological risks,
the licensee states that complete
application of the EP regulations to
Palisades 12 months after permanent
cessation of power operations would not
serve the underlying purpose of the
regulations and is not necessary to
achieve the underlying purpose of the
regulations. 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 Palisades 12
months after its permanent cessation of
power operations.
ddrumheller on DSK120RN23PROD with NOTICES1
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
NRC 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 Palisades, based on the
reduced risks once the reactor has been
permanently shut down for a period of
12 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, land disturbance, 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 environmental 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, the proposed
action would not significantly 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. For
these reasons, 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
The proposed action does not involve
the use of any different resources than
those previously considered in the
‘‘Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants: Regarding Palisades
Nuclear Plant—Final Report,’’ NUREG–
1437, Supplement 27, dated October
2006.
Agencies or Persons Consulted
No additional agencies or persons
were consulted regarding the
Document description
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PO 00000
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
NRC 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 Palisades, based on the
reduced risks once the reactor has been
permanently shut down for a period of
12 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 is
a final finding and 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.
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./weblink
Federal Emergency Management Agency, ‘‘Developing and Maintaining
Emergency Operations Plans,’’ Comprehensive Preparedness Guide
(CPG) 101, Version 2.0, November 2010.
VerDate Sep<11>2014
environmental impact of the proposed
action. On September 21, 2023, the State
of Michigan representative was notified
of this EA and FONSI.
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https://www.fema.gov/media-library-data/20130726-1828-25045-0014/
cpg_101_comprehensive_preparedness_guide_developing_and_
maintaining_emergency_operations_plans_2010.pdf.
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Document description
ADAMS accession No./weblink
Letter from Entergy Nuclear Operations, Inc. to U.S. Nuclear Regulatory Commission, ‘‘Certification of Permanent Cessation of Power
Operations, Palisades Nuclear Plant, Docket No. 50–255,’’ dated
September 28, 2017.
Letter from Entergy Nuclear Operations, Inc. to U.S. Nuclear Regulatory Commission, ‘‘Supplement to Certification of Permanent Cessation of Power Operations, Palisades Nuclear Plant, Docket No.
50–255,’’ dated October 19, 2017.
Letter from Entergy Nuclear Operations, Inc. to U.S. Nuclear Regulatory Commission, ‘‘Certifications of Permanent Cessation of Power
Operations and Permanent Removal of Fuel from the Reactor Vessel,’’ dated June 13, 2022.
Letter from U.S. Nuclear Regulatory Commission to Entergy Nuclear
Operations, Inc., ‘‘Palisades Nuclear Plant and Big Rock Point
Plant—Order Approving Transfer of Licenses and Draft Conforming
Administrative License Amendments (EPID L–2020–LLM–0003),’’
dated December 13, 2021.
Email from Entergy Nuclear Operations, Inc. to U.S. Nuclear Regulatory Commission, ‘‘Notification of Palisades and Big Rock Point License Transfer (EPIDs L–2022–LLM–0002 and L–2020–LLM–
0003),’’ dated June 28, 2022.
Letter from U.S. Nuclear Regulatory Commission to Entergy Nuclear
Operations, Inc., ‘‘Palisades Nuclear Plant—Issuance of Amendment
Re: Changes to the Emergency Plan for Permanently Defueled Condition (CAC No. MG0198; EPID L–2017–LLA–0305),’’ dated September 24, 2018.
Letter from Holtec Decommissioning International, LLC, to U.S. Nuclear
Regulatory Commission, ‘‘Request for Exemptions from Certain
Emergency Planning Requirements of 10 CFR 50.47; 10 CFR
50.47(c)(2); and 10 CFR part 50, appendix E,’’ dated July 11, 2022.
SECY–23–0043, ‘‘Request by Holtec Decommissioning International,
LLC for Exemptions from Certain EP Requirements for Palisades Nuclear Plant,’’ dated May 15, 2023.
U.S. Environmental Protection Agency (EPA), EPA–400/R–17/001,
‘‘PAG Manual: Protective Action Guides and Planning Guidance for
Radiological Incidents,’’ January 2017.
Staff Requirements Memorandum to SECY–23–0043, ‘‘Request by
Holtec Decommissioning International, LLC for Exemptions from Certain EP Requirements for Palisades Nuclear Plant,’’ dated December
7, 2023.
NUREG–1437, Supplement 27, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Palisades
Nuclear Plant—Final Report,’’ dated October 2006.
Dated: December 19, 2023.
For the Nuclear Regulatory Commission.
Shaun M. Anderson,
Chief, Reactor Decommissioning Branch,
Division of Decommissioning, Uranium
Recovery and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
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ddrumheller on DSK120RN23PROD with NOTICES1
Sunshine Act Meetings
Weeks of December 25,
2023, and January 1, 8, 15, 22, 29, 2024.
The schedule for Commission meetings
is subject to change on short notice. The
NRC Commission Meeting Schedule can
be found on the internet at: https://
www.nrc.gov/public-involve/publicmeetings/schedule.html.
TIME AND DATE:
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ML17271A233.
ML17292A032.
ML22164A067.
ML21292A155 (Package).
ML22179A075.
ML18170A219.
ML22192A134.
ML23054A179 (Package).
ML17044A073.
ML23341A181.
ML062710300.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify Anne
Silk, NRC Disability Program Specialist,
at 301–287–0745, by videophone at
240–428–3217, or by email at
Anne.Silk@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
STATUS: Public.
Members of the public may request to
receive the information in these notices
electronically. If you would like to be
added to the distribution, please contact
the Nuclear Regulatory Commission,
Office of the Secretary, Washington, DC
20555, at 301–415–1969, or by email at
Betty.Thweatt@nrc.gov or
Samantha.Miklaszewski@nrc.gov.
PLACE:
[FR Doc. 2023–28293 Filed 12–21–23; 8:45 am]
88667
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MATTERS TO BE CONSIDERED:
Week of December 25, 2023
There are no meetings scheduled for
the week of December 25, 2023.
Week of January 1, 2024—Tentative
There are no meetings scheduled for
the week of January 1, 2024.
Week of January 8, 2024—Tentative
There are no meetings scheduled for
the week of January 8, 2024.
Week of January 15, 2024—Tentative
Thursday, January 18, 2024
9:00 a.m. Strategic Programmatic
Overview of the Decommissioning
and Low-Level Waste and Nuclear
Materials Users Business Lines
(Public Meeting) (Contact: Candace
Spore: 301–415–8537)
Additional Information: The meeting
will be held in the Commissioners’
Conference Room, 11555 Rockville Pike,
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Agencies
[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88664-88667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28293]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255; NRC-2023-0200]
Environmental Assessment and Finding of No Significant Impact;
Holtec Decommissioning International, LLC, and Holtec Palisades, LLC,
Palisades Nuclear Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; 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 Palisades Nuclear Plant
(Palisades). Specifically, Holtec Decommissioning International, LLC
(HDI), one of the licensees of Palisades and an indirect wholly owned
subsidiary of Holtec International (Holtec), requested an exemption on
behalf of Holtec Palisades, LLC, the other Palisades licensee
(hereinafter collectively referred to as the licensee) that would
eliminate the requirements to maintain formal offsite radiological
emergency plans, as well as reduce the scope of some of the onsite EP
activities based on the reduced risks at Palisades, based on the
submission of certifications for permanent cessation of operations and
permanent removal of fuel from the reactor vessel at Palisades.
However, requirements for an onsite radiological emergency plan and 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 an environmental
assessment (EA) and a finding of no significant impact (FONSI)
associated with the proposed exemptions.
DATES: The EA and FONSI referenced in this document are available on
December 22, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0200 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-2023-0200. 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.
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, at 301-415-4737,
or by email to [email protected]. 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.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tanya E. Hood, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-1387; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letters dated September 28, 2017, and October 19, 2017, in
accordance with sections 50.4(b)(8) and 50.82(a)(1)(i) of title 10 of
the Code of Federal Regulations (10 CFR) part 50, ``Domestic Licensing
of Production and Utilization Facilities,'' Entergy Nuclear Operations,
Inc. (ENOI), which was the licensee at that time, notified the NRC that
it had decided to permanently cease power operations at Palisades by
May 31, 2022.
Pursuant to 10 CFR 50.82(a)(1)(ii), by letter dated June 13, 2022,
ENOI certified to the NRC that the fuel had been permanently removed
from the Palisades reactor vessel and placed in the spent fuel pool
(SFP). Upon the docketing of these certifications, in accordance with
10 CFR 50.82(a)(2), the Palisades license no longer authorizes
operation of the reactor or emplacement or retention of fuel into the
reactor vessel. The spent fuel from Palisades is stored in the SFP and
in dry cask storage at the onsite independent spent fuel storage
installation, where it will remain until it is shipped offsite.
By Order dated December 13, 2021, the NRC approved a transfer of
the Palisades license from ENOI and Entergy Nuclear Palisades, LLC, to
Holtec and HDI. This transfer was executed on June 28, 2022, such that
HDI and Holtec Palisades, LLC became the licensees for Palisades. To
address the upcoming transition from an operating plant to a
permanently defueled facility, by letter dated September 24, 2018, the
NRC issued an amendment authorizing ENOI to adopt a post-shutdown
emergency plan (PSEP) and approving changes to the Palisades emergency
plan to support the planned permanent cessation of operations and
permanent removal of fuel from the reactor vessel. Upon implementation
of the PSEP on June 15, 2022, the Palisades emergency response
organization on-shift and augmented staffing requirements were revised
commensurate with the reduced spectrum of credible accidents for a
permanently shut down and defueled nuclear power reactor facility.
By letter dated July 11, 2022, the licensee requested exemptions
from specific portions of 10 CFR 50.47, ``Emergency plans,'' and
appendix E, ``Emergency Planning and Preparedness for Production and
Utilization Facilities,'' to 10 CFR part 50 for the Palisades license.
More specifically, HDI requested exemptions from certain planning
standards in 10 CFR 50.47(b) regarding onsite and offsite radiological
emergency preparedness (REP) plans for
[[Page 88665]]
nuclear power reactors; from certain requirements in 10 CFR 50.47(c)(2)
for establishment of plume exposure pathway and ingestion pathway
emergency planning zones (EPZs) for nuclear power reactors; and from
certain requirements in 10 CFR part 50, appendix E, section IV,
``Content of Emergency Plans.''
HDI's requested exemptions would eliminate the NRC requirements to
maintain formal offsite REP 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 would reduce the scope of the onsite EP activities
at Palisades. The request by HDI is based on the reduced risks of an
offsite radiological release at Palisades after permanent cessation of
power operations and when all spent fuel has decayed for at least 12
months. The exemptions would maintain the requirements for an onsite
radiological emergency plan and would continue to ensure the capability
to communicate and coordinate with offsite response authorities. These
exemptions will terminate if the status of the Palisades reactor
changes such that the certifications of permanent cessation of
operations and permanent removal of fuel from the reactor vessel are no
longer applicable and the facility would be required to come into
compliance with all applicable NRC regulations.
The EP requirements of 10 CFR 50.47 and appendix E to 10 CFR part
50 do not distinguish between operating reactors and those that have
ceased operations and defueled. As such, a permanently shut down 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 shut down and defueled reactor, the licensee must seek
exemptions from certain EP regulatory requirements before it can change
its emergency plans.
The NRC is therefore considering issuing to the licensee the
proposed exemptions from portions of 10 CFR 50.47 and appendix E to 10
CFR part 50, which would eliminate the requirements for the licensee to
maintain offsite radiological emergency plans and reduce some of the
onsite EP activities based on the reduced radiological risks as
Palisades has permanently ceased power operations and all spent fuel
has decayed for more than 12 months.
Consistent with 10 CFR 51.21, ``Criteria for and identification of
licensing and regulatory actions requiring environmental assessments,''
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
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 NRC requirements for the licensee
to maintain offsite radiological emergency plans in accordance with 44
CFR part 50 and reduce some of the onsite EP activities at Palisades.
However, requirements for certain onsite capabilities to communicate
and coordinate with offsite response authorities would be retained.
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, 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. A CEMP 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 previously noted discussion
in this notice and the licensee's exemption request dated July 11,
2022.
Need for the Proposed Action
The proposed action is needed for the licensee to revise the
Palisades PSEP. 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 Palisades 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
Palisades reactor operation is no longer credible. As the EP
requirements do not distinguish between operating reactors and a power
reactor that has been permanently shut down and defueled, the licensee
requests an exemption from certain EP requirements commensurate with
the radiological risks at the site.
In its exemption request, the licensee identified four possible
design-basis accidents (DBAs) at Palisades in its permanently shut down
and defueled condition. These are: (1) a fuel handling accident in the
reactor cavity; (2) an accidental release of waste gas; (3) an
accidental release of waste liquid; and (4) a postulated cask drop
accident. The licensee also considered the consequences of a beyond DBA
involving a complete loss of SFP water inventory and no accompanying
heat loss (i.e., adiabatic heat up). The NRC staff evaluated these
possible radiological accidents, as well as the associated analyses
provided by the licensee, in the Commission Paper (SECY)-23-0043,
``Request by Holtec Decommissioning International, LLC for Exemptions
from Certain EP Requirements for Palisades Nuclear Plant,'' dated May
15, 2023.
In SECY-23-0043, 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 DBA, an offsite
radiological release will not exceed the U.S. Environmental Protection
Agency's (EPA) early phase Protective Action Guides (PAGs) at the
exclusion area boundary (EAB), as detailed in Table 1-1, ``Summary
Table for PAGs, Guidelines, and Planning Guidance for Radiological
Incidents,'' to the 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
[[Page 88666]]
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 in its
Staff Requirements Memorandum to SECY-23-0043, dated December 7, 2023.
Based on the licensee's analyses related to the reduced
radiological risks, the licensee states that complete application of
the EP regulations to Palisades 12 months after permanent cessation of
power operations would not serve the underlying purpose of the
regulations and is not necessary to achieve the underlying purpose of
the regulations. 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 Palisades 12 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 NRC 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 Palisades, based on the
reduced risks once the reactor has been permanently shut down for a
period of 12 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, land disturbance, 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 environmental 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, the
proposed action would not significantly 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. For these reasons, 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
The proposed action does not involve the use of any different
resources than those previously considered in the ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants:
Regarding Palisades Nuclear Plant--Final Report,'' NUREG-1437,
Supplement 27, dated October 2006.
Agencies or Persons Consulted
No additional agencies or persons were consulted regarding the
environmental impact of the proposed action. On September 21, 2023, the
State of Michigan 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 NRC 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 Palisades,
based on the reduced risks once the reactor has been permanently shut
down for a period of 12 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 is a final finding and 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.
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./weblink
------------------------------------------------------------------------
Federal Emergency Management Agency, https://www.fema.gov/media-
``Developing and Maintaining Emergency library-data/20130726-1828-
Operations Plans,'' Comprehensive 25045-0014/
Preparedness Guide (CPG) 101, Version cpg_101_comprehensive_prepared
2.0, November 2010. ness_guide_developing_and_main
taining_emergency_operations_p
lans_2010.pdf.
[[Page 88667]]
Letter from Entergy Nuclear Operations, ML17271A233.
Inc. to U.S. Nuclear Regulatory
Commission, ``Certification of
Permanent Cessation of Power
Operations, Palisades Nuclear Plant,
Docket No. 50-255,'' dated September
28, 2017.
Letter from Entergy Nuclear Operations, ML17292A032.
Inc. to U.S. Nuclear Regulatory
Commission, ``Supplement to
Certification of Permanent Cessation
of Power Operations, Palisades Nuclear
Plant, Docket No. 50-255,'' dated
October 19, 2017.
Letter from Entergy Nuclear Operations, ML22164A067.
Inc. to U.S. Nuclear Regulatory
Commission, ``Certifications of
Permanent Cessation of Power
Operations and Permanent Removal of
Fuel from the Reactor Vessel,'' dated
June 13, 2022.
Letter from U.S. Nuclear Regulatory ML21292A155 (Package).
Commission to Entergy Nuclear
Operations, Inc., ``Palisades Nuclear
Plant and Big Rock Point Plant--Order
Approving Transfer of Licenses and
Draft Conforming Administrative
License Amendments (EPID L-2020-LLM-
0003),'' dated December 13, 2021.
Email from Entergy Nuclear Operations, ML22179A075.
Inc. to U.S. Nuclear Regulatory
Commission, ``Notification of
Palisades and Big Rock Point License
Transfer (EPIDs L-2022-LLM-0002 and L-
2020-LLM-0003),'' dated June 28, 2022.
Letter from U.S. Nuclear Regulatory ML18170A219.
Commission to Entergy Nuclear
Operations, Inc., ``Palisades Nuclear
Plant--Issuance of Amendment Re:
Changes to the Emergency Plan for
Permanently Defueled Condition (CAC
No. MG0198; EPID L-2017-LLA-0305),''
dated September 24, 2018.
Letter from Holtec Decommissioning ML22192A134.
International, LLC, to U.S. Nuclear
Regulatory Commission, ``Request for
Exemptions from Certain Emergency
Planning Requirements of 10 CFR 50.47;
10 CFR 50.47(c)(2); and 10 CFR part
50, appendix E,'' dated July 11, 2022.
SECY-23-0043, ``Request by Holtec ML23054A179 (Package).
Decommissioning International, LLC for
Exemptions from Certain EP
Requirements for Palisades Nuclear
Plant,'' dated May 15, 2023.
U.S. Environmental Protection Agency ML17044A073.
(EPA), EPA-400/R-17/001, ``PAG Manual:
Protective Action Guides and Planning
Guidance for Radiological Incidents,''
January 2017.
Staff Requirements Memorandum to SECY- ML23341A181.
23-0043, ``Request by Holtec
Decommissioning International, LLC for
Exemptions from Certain EP
Requirements for Palisades Nuclear
Plant,'' dated December 7, 2023.
NUREG-1437, Supplement 27, ``Generic ML062710300.
Environmental Impact Statement for
License Renewal of Nuclear Plants:
Regarding Palisades Nuclear Plant--
Final Report,'' dated October 2006.
------------------------------------------------------------------------
Dated: December 19, 2023.
For the Nuclear Regulatory Commission.
Shaun M. Anderson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2023-28293 Filed 12-21-23; 8:45 am]
BILLING CODE 7590-01-P