Kewaunee Solutions, Inc.; Kewaunee Power Station; Environmental Assessment and Finding of No Significant Impact, 4999-5002 [2024-01484]

Download as PDF Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices NATIONAL SCIENCE FOUNDATION Notice of Permit Modification Received Under the Antarctic Conservation Act of 1978 National Science Foundation. Notice of permit modification AGENCY: ACTION: request. The National Science Foundation (NSF) is required to publish a notice of requests to modify permits issued to conduct activities regulated under the Antarctic Conservation Act of 1978. This is the required notice of a requested permit modification. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by February 26, 2024. Permit applications may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, Virginia 22314. FOR FURTHER INFORMATION CONTACT: Andrew Titmus, ACA Permit Officer, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314; 703– 292–4479; or ACApermits@nsf.gov. SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Public Law 95–541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas as requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. Description of Permit Modification Requested: The Foundation issued a permit (ACA 2024–006) to Megan Cimino on August 14, 2023. The issued permit allows the permit holder and agents to enter Antarctic Specially Protected Areas (ASPAs), as well as engage in research activities that would result in Take, Harmful Interference, and Import into the USA. The permit holder and agents would conduct research as part of the Palmer Station Long-Term Ecological Research Program (Palmer LTER). The applicant would continue long term-research efforts to assess how annual environmental variability affects seabird diets, breeding success, growth rates, survival and khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:22 Jan 24, 2024 Jkt 262001 recruitment, behavior, population trends, foraging success, and seasonal dispersal. The study species include the Adelie Penguin, Chinstrap Penguin, Gentoo Penguin, Brown Skua, South Polar Skua, Southern Giant Petrel, BlueEyed Shag, Kelp Gull, Snowy Sheathbill. All seabirds involved in this research would be released unharmed. Up to four timelapse cameras attached to poles on square bases anchored by rocks would be deployed to monitor penguin occupation patterns. Now, the permit holder proposes a permit modification to include incidental mortality during research activities given the risk associated with various techniques used on different species. Most of the permitted research activities are unlikely to result in an incidental mortality (e.g., censusing, mapping, collecting fecal samples) while other activities are higher risk (e.g., stomach lavage, deploying trackers). Handling alone is unlikely to result in a mortality but due to the unpredictable nature of animal behavior and/or human error, handling could result in an injury and subsequent mortality. Further, the act of attaching tracking devices to penguins, skuas and petrels is unlikely to result in mortality, but the device could influence the animal’s behavior, including aero and hydrodynamics. The permit holder requests the following number of incidental mortalities by species: Adelie Penguin (2), Chinstrap Penguin (2), Gentoo Penguin (2), Brown Skua (2), South Polar Skua (2), Southern Giant Petrel (2), Blue-Eyed Shag 1), Kelp Gull (1), Snowy Sheathbill (1). Location: Palmer Station area, Antarctic Peninsula; ASPA 107, Dion Islands; ASPA 113, Litchfield Island; ASPA 115, Lagotellerie Island; ASPA 117, Avian Island; ASPA 139, Biscoe Point; ASPA 170, Charcot Island; and ASPA 176 Rosenthal Islands. Dates: October 1, 2023—September 30, 2028. Kimiko S. Bowens-Knox, Program Analyst, Office of Polar Programs. [FR Doc. 2024–01414 Filed 1–24–24; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–305; NRC–2024–0023] Kewaunee Solutions, Inc.; Kewaunee Power Station; Environmental Assessment and Finding of No Significant Impact Nuclear Regulatory Commission. AGENCY: PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 ACTION: 4999 Notice; issuance. The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an exemption in response to the March 29, 2023, request from Kewaunee Solutions, Inc., (KS) Kewaunee Power Station (KPS), located in Kewaunee County, Wisconsin. The exemption would permit KS to use funds from the KPS nuclear decommissioning trust (NDT) for the management of site restoration activities and allow trust disbursements for site restoration activities to be made without prior notice 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 January 25, 2024. ADDRESSES: Please refer to Docket ID NRC–2024–0023 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–2024–0023. 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. • 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, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Karl Sturzebecher, Office of Nuclear Material SUMMARY: E:\FR\FM\25JAN1.SGM 25JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 5000 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 8534, email: Karl.Sturzebecher@nrc.gov. SUPPLEMENTARY INFORMATION: environmental assessment,’’ the NRC has determined not to prepare an environmental impact statement for the proposed action and is issuing a FONSI. I. Introduction The NRC is considering issuance of an exemption from the requirements of paragraph (a)(8)(i)(A) of section 50.82 ‘‘Termination of license,’’ of part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ of title 10 of the Code of Federal Regulations (10 CFR) and paragraph (h)(1)(iv) of 10 CFR 50.75, ‘‘Reporting and recordkeeping for decommissioning planning,’’ to KS for Renewed Facility Operating License (RFOL) No. DPR–43 for KPS, located in Kewaunee County, Wisconsin. The exemption was submitted on March 29, 2023, and supplemented on October 5, 2023, in response to a request for additional information from the NRC staff dated August 29, 2023, pertaining to the decommissioning trust fund (DTF) cash flows provided in the initial exemption request submittal. The exemption would permit KS to use funds from the KPS NDT for site restoration activities for KPS in the same manner that funds from the NDT are used under 10 CFR 50.82(a)(8) for decommissioning activities. The exemption request submitted by KPS was based on its analysis of the expected KPS decommissioning and site restoration costs, as provided in the KPS Post-Shutdown Decommissioning Activities Report (PSDAR), as supplemented, which was submitted by KS to the NRC on May 13, 2021. The exemption would also allow trust disbursements for site restoration activities to be made without prior notice to the NRC, which is consistent with a previous exemption allowing KS to use the KPS NDT for the management of spent fuel, and to allow trust disbursements for spent fuel management to be made without prior NRC notice, which was approved on May 21, 2014. The NRC staff’s analysis will include evaluation of the KPS NDT in view of the prior exemption. 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 and prepared the following EA that analyzes the environmental impacts of the proposed action. Based on the results of the EA, which is provided in Section II of this document, and in accordance with paragraph (a) of 10 CFR 51.31, ‘‘Determinations based on Description of the Proposed Action VerDate Sep<11>2014 17:22 Jan 24, 2024 Jkt 262001 II. Environmental Assessment The proposed action would partially exempt KS 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 KS to use funds from the KPS NDT for site restoration activities not associated with radiological decommissioning activities and would exempt KS from the requirement for prior notification to the NRC for these withdrawals. The proposed action is in accordance with KS’s application dated March 29, 2023, as supplemented by letter dated October 5, 2023. Need for the Proposed Action By letter dated February 25, 2013, the previous holder of the KPS RFOL, Dominion Energy Kewaunee (DEK), submitted a certification to the NRC indicating it would permanently cease power operations at KPS on May 7, 2013. On May 7, 2013, DEK permanently ceased power operation at KPS. On May 14, 2013, DEK certified that it had permanently defueled the KPS reactor vessel. By letter dated March 29, 2023, as supplemented by letter dated October 5, 2023, KS requested an exemption to allow KPS NDT withdrawals, without prior written notification to the NRC, for site restoration activities for KPS. 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, ‘‘Definitions.’’ This definition addresses radiological decommissioning and does not include activities associated with 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 KS to use funds from the KPS NDT for site restoration activities for KPS. In the October 5, 2023, supplement to the exemption, KS stated that the KPS DTF Status Report demonstrates that the KPS NDT contains the funds needed to cover the estimated costs of KPS PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 radiological decommissioning and license termination, as well as spent fuel management and site restoration activities. The supplemental information also provided additional details on license termination, spent fuel management, site restoration costs, and total forecasted expenditure data, based on the DECON decommissioning method and the current schedule of decommissioning activities for KPS. The adequacy of funds in the KPS NDT to cover the costs of activities associated with site restoration and radiological decommissioning through license termination is supported by the KS KPS PSDAR. To support site restoration activities not associated with radiological decommissioning, KS stated that it needs access to the funds in the KPS NDT in excess of those needed for 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 requested by KS to allow KS to use funds from the KPS NDT for spent fuel management and site restoration activities without prior NRC notification. 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 site restoration. Section 50.82(a)(8)(v) of 10 CFR requires a licensee to submit a financial assurance status report annually between the time of submitting its sitespecific decommissioning cost estimate and submitting its final radiation survey to demonstrate that residual radioactivity has been reduced to a level that permits termination of its license. Section 50.82(a)(8)(vi) of 10 CFR E:\FR\FM\25JAN1.SGM 25JAN1 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 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 KS to use funds from the KPS 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. 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 nonradiological 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. Therefore, the environmental impacts of the proposed action and the alternative action are similar. Alternative Use of Resources There are no unresolved conflicts concerning alternative uses of available resources under the proposed action. Agencies or Persons Consulted No additional agencies or persons were consulted regarding the environmental impact of the proposed action. On January 17, 2024, the State of Wisconsin representative was notified of this EA and FONSI. III. Finding of No Significant Impact The requested exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) would allow KS to use funds from the KPS NDT for site restoration activities for KPS, 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 nonradiological 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 KS’s letter dated March 29, 2023, as supplemented by letter dated October 5, 2023, there are no other environmental documents associated with this review. Previous considerations regarding the environmental impacts of operating KPS are described in NUREG–1437, Supplement 40, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Kewaunee Power Station, Final Report,’’ which provides the latest environmental review of current operations and description of environmental conditions at KPS. 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./Federal Register Notice khammond on DSKJM1Z7X2PROD with NOTICES Document description Kewaunee Solutions, Inc., Request for Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) for Site Restoration Activities, dated March 29, 2023. Kewaunee Solutions, Inc., Response to Request for Additional Information (RAI) Application for Kewaunee Solutions (KS) Site Restoration Activities (EPID NO. L–2023–LLE–0008), dated October 5, 2023. NRC, Letter RAI KPS Exemption Site Restoration Final Repaired, dated August 29, 2023 ............................ Energy Solutions LLC., Notification of Amended Post-Shutdown Decommissioning Activities Report (Revision 2) for Kewaunee Power Station, dated May 13, 2021. Kewaunee Power Station, FRN, Exemption from the Requirements of 10 CFR part 50, section 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) (TAC MF1438), dated May 21, 2014. Dominion Energy Kewaunee, Inc., Kewaunee Power Station, Certification of Permanent Cessation of Power Operations, dated February 25, 2013. Dominion Energy Kewaunee, Inc., Kewaunee Power Station, Certification of Permanent Removal of Fuel from the Reactor Vessel, dated May 14, 2013. VerDate Sep<11>2014 17:22 Jan 24, 2024 Jkt 262001 PO 00000 Frm 00111 Fmt 4703 5001 Sfmt 4703 E:\FR\FM\25JAN1.SGM ML23093A031. ML23278A100. ML23222A152. ML21145A083. ML13225A224/79 FR 30900. ML13058A065. ML13135A209. 25JAN1 5002 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices Adams accession No./Federal Register Notice Document description Kewaunee Solutions, Inc., Kewaunee Power Station, Decommissioning Fund Status Report, dated March 30, 2023. NUREG–1437 Supplement 40, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants Supplement 40 Regarding Kewaunee Power Station,’’ Final Report, dated August 2010. Dated: January 22, 2024. For the Nuclear Regulatory Commission. Karl J. Sturzebecher, Project Manager, Reactor Decommissioning Branch, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2024–01484 Filed 1–24–24; 8:45 am] POSTAL SERVICE International Product Change—Priority Mail Express International, Priority Mail International & First-Class Package International Service Agreement ACTION: Postal ServiceTM. Notice. The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a Priority Mail Express International, Priority Mail International & First-Class Package International Service contract to the list of Negotiated Service Agreements in the Competitive Product List in the Mail Classification Schedule. SUMMARY: DATES: Date of notice: January 25, 2024. FOR FURTHER INFORMATION CONTACT: Christopher C. Meyerson, (202) 268– 7820. The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on January 12, 2024, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail Express International, Priority Mail International & First-Class Package International Service Contract 35 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2024–166 and CP2024–172. khammond on DSKJM1Z7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: Christopher Doyle, Attorney, Ethics & Legal Compliance. [FR Doc. 2024–01400 Filed 1–24–24; 8:45 am] BILLING CODE 7710–12–P VerDate Sep<11>2014 17:22 Jan 24, 2024 ML102280229. Department of Health and Human Services. OFFICE OF SCIENCE AND TECHNOLOGY POLICY Dated: January 19, 2024. Stacy Murphy, Deputy Chief Operations Officer/Security Officer. Performance Review Board Membership Office of Science and Technology Policy. ACTION: Notice. AGENCY: [FR Doc. 2024–01352 Filed 1–24–24; 8:45 am] BILLING CODE 3270–F0–P The Office of Science and Technology Policy publishes the names of the members selected to serve on its SES Performance Review Board (PRB). DATES: Membership is effective on the date of this notice to January 2026. FOR FURTHER INFORMATION CONTACT: Ms. Caitlin Pepicelli, Human Capital Specialist, Office of Science and Technology Policy, 1650 Pennsylvania Ave. NW, Washington, DC 20504. Telephone 202–881–4946. SUPPLEMENTARY INFORMATION: 5 U.S.C. 4314(c) requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more PRBs. The purpose of this PRB is to review and make recommendations concerning proposed performance appraisals, ratings, bonuses, pay adjustments, and other appropriate personnel actions for incumbents of the SES positions. The Board shall consist of at least three members and more than half of the members shall consist of career appointees. The names and titles of the PRB members are as follows: Marie Scott, Associate General Counsel, Children, Families and Aging Division, Department of Health and Human Services; Scott Driggs, Chief Counsel, Office of the Chief Counsel, Denver, Department of Health and Human Services; Rachel Park, Chief Counsel, Office of the Chief Counsel, New York, Department of Health and Human Services; Constance Kossally, Chief Counsel, Office of the Chief Counsel, Atlanta, Department of Health and Human Services; Alphonso J. Hughes, Executive Assistant Director, Administration Group, Bureau of ATF, Department of Justice; Paula Lee, Chief Counsel, Office of the General Counsel, San Francisco, SUMMARY: BILLING CODE 7590–01–P AGENCY: ML23089A304. Jkt 262001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–99403; File No. 4–757] Joint Industry Plan; Notice of Filing of a National Market System Plan Regarding Consolidated Equity Market Data I. Introduction Pursuant to section 11A of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 608 of Regulation National Market System (‘‘NMS’’) thereunder,2 notice is hereby given that on October 23, 2023, Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., Investors Exchange LLC, Long Term Stock Exchange, Inc., MEMX LLC, MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq ISE, LLC, Nasdaq PHLX LLC, Nasdaq Stock Market LLC, New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., NYSE National, Inc., and Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) (collectively, the ‘‘SROs’’ or ‘‘Participants’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) a proposed new single national market system plan governing the public dissemination of real-time consolidated equity market data for national market system (‘‘NMS’’) stocks (the ‘‘CT Plan’’ or ‘‘Plan’’).3 The Commission is publishing this notice to solicit comments on the proposed CT Plan from interested persons. 1 15 U.S.C. 78k–1. CFR 242.608. 3 See Letter from James P. Dombach, Davis Wright Tremaine LLP, to Vanessa Countryman, Secretary, Commission (Oct. 23, 2023) (‘‘Transmittal Letter’’). See also Attachment A (Limited Liability Company Agreement of CT Plan LLC). 2 17 E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4999-5002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01484]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305; NRC-2024-0023]


Kewaunee Solutions, Inc.; Kewaunee Power Station; Environmental 
Assessment and Finding of No Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption in response to the March 29, 2023, request 
from Kewaunee Solutions, Inc., (KS) Kewaunee Power Station (KPS), 
located in Kewaunee County, Wisconsin. The exemption would permit KS to 
use funds from the KPS nuclear decommissioning trust (NDT) for the 
management of site restoration activities and allow trust disbursements 
for site restoration activities to be made without prior notice 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 
January 25, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0023 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-2024-0023. 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.
     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, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Karl Sturzebecher, Office of Nuclear 
Material

[[Page 5000]]

Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone: 301-415-8534, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of an exemption from the 
requirements of paragraph (a)(8)(i)(A) of section 50.82 ``Termination 
of license,'' of part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' of title 10 of the Code of Federal 
Regulations (10 CFR) and paragraph (h)(1)(iv) of 10 CFR 50.75, 
``Reporting and recordkeeping for decommissioning planning,'' to KS for 
Renewed Facility Operating License (RFOL) No. DPR-43 for KPS, located 
in Kewaunee County, Wisconsin. The exemption was submitted on March 29, 
2023, and supplemented on October 5, 2023, in response to a request for 
additional information from the NRC staff dated August 29, 2023, 
pertaining to the decommissioning trust fund (DTF) cash flows provided 
in the initial exemption request submittal.
    The exemption would permit KS to use funds from the KPS NDT for 
site restoration activities for KPS in the same manner that funds from 
the NDT are used under 10 CFR 50.82(a)(8) for decommissioning 
activities. The exemption request submitted by KPS was based on its 
analysis of the expected KPS decommissioning and site restoration 
costs, as provided in the KPS Post-Shutdown Decommissioning Activities 
Report (PSDAR), as supplemented, which was submitted by KS to the NRC 
on May 13, 2021.
    The exemption would also allow trust disbursements for site 
restoration activities to be made without prior notice to the NRC, 
which is consistent with a previous exemption allowing KS to use the 
KPS NDT for the management of spent fuel, and to allow trust 
disbursements for spent fuel management to be made without prior NRC 
notice, which was approved on May 21, 2014. The NRC staff's analysis 
will include evaluation of the KPS NDT in view of the prior exemption.
    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 and prepared the 
following EA that analyzes the environmental impacts of the proposed 
action. Based on the results of the EA, which is provided in Section II 
of this document, and in accordance with paragraph (a) of 10 CFR 51.31, 
``Determinations based on environmental assessment,'' 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 KS 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 KS to use funds from the 
KPS NDT for site restoration activities not associated with 
radiological decommissioning activities and would exempt KS from the 
requirement for prior notification to the NRC for these withdrawals.
    The proposed action is in accordance with KS's application dated 
March 29, 2023, as supplemented by letter dated October 5, 2023.

Need for the Proposed Action

    By letter dated February 25, 2013, the previous holder of the KPS 
RFOL, Dominion Energy Kewaunee (DEK), submitted a certification to the 
NRC indicating it would permanently cease power operations at KPS on 
May 7, 2013. On May 7, 2013, DEK permanently ceased power operation at 
KPS. On May 14, 2013, DEK certified that it had permanently defueled 
the KPS reactor vessel.
    By letter dated March 29, 2023, as supplemented by letter dated 
October 5, 2023, KS requested an exemption to allow KPS NDT 
withdrawals, without prior written notification to the NRC, for site 
restoration activities for KPS.
    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, ``Definitions.'' This definition 
addresses radiological decommissioning and does not include activities 
associated with 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 KS to use funds from the KPS NDT 
for site restoration activities for KPS.
    In the October 5, 2023, supplement to the exemption, KS stated that 
the KPS DTF Status Report demonstrates that the KPS NDT contains the 
funds needed to cover the estimated costs of KPS radiological 
decommissioning and license termination, as well as spent fuel 
management and site restoration activities. The supplemental 
information also provided additional details on license termination, 
spent fuel management, site restoration costs, and total forecasted 
expenditure data, based on the DECON decommissioning method and the 
current schedule of decommissioning activities for KPS.
    The adequacy of funds in the KPS NDT to cover the costs of 
activities associated with site restoration and radiological 
decommissioning through license termination is supported by the KS KPS 
PSDAR. To support site restoration activities not associated with 
radiological decommissioning, KS stated that it needs access to the 
funds in the KPS NDT in excess of those needed for 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 requested by KS to allow KS to use funds from 
the KPS NDT for spent fuel management and site restoration activities 
without prior NRC notification.

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 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 to demonstrate that residual 
radioactivity has been reduced to a level that permits termination of 
its license. Section 50.82(a)(8)(vi) of 10 CFR

[[Page 5001]]

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 KS to use funds from 
the KPS 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.
    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 nonradiological 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. Therefore, the environmental impacts of the 
proposed action and the alternative action are similar.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies or Persons Consulted

    No additional agencies or persons were consulted regarding the 
environmental impact of the proposed action. On January 17, 2024, the 
State of Wisconsin representative was notified of this EA and FONSI.

III. Finding of No Significant Impact

    The requested exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(1)(iv) would allow KS to use funds from the KPS NDT for site 
restoration activities for KPS, 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 nonradiological 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 KS's letter dated March 29, 2023, as supplemented by 
letter dated October 5, 2023, there are no other environmental 
documents associated with this review.
    Previous considerations regarding the environmental impacts of 
operating KPS are described in NUREG-1437, Supplement 40, ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding Kewaunee Power Station, Final Report,'' which provides the 
latest environmental review of current operations and description of 
environmental conditions at KPS.

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./
            Document description               Federal Register Notice
------------------------------------------------------------------------
Kewaunee Solutions, Inc., Request for        ML23093A031.
 Exemptions from 10 CFR 50.82(a)(8)(i)(A)
 and 50.75(h)(1)(iv) for Site Restoration
 Activities, dated March 29, 2023.
Kewaunee Solutions, Inc., Response to        ML23278A100.
 Request for Additional Information (RAI)
 Application for Kewaunee Solutions (KS)
 Site Restoration Activities (EPID NO. L-
 2023-LLE-0008), dated October 5, 2023.
NRC, Letter RAI KPS Exemption Site           ML23222A152.
 Restoration Final Repaired, dated August
 29, 2023.
Energy Solutions LLC., Notification of       ML21145A083.
 Amended Post-Shutdown Decommissioning
 Activities Report (Revision 2) for
 Kewaunee Power Station, dated May 13, 2021.
Kewaunee Power Station, FRN, Exemption from  ML13225A224/79 FR 30900.
 the Requirements of 10 CFR part 50,
 section 50.82(a)(8)(i)(A) and
 50.75(h)(1)(iv) (TAC MF1438), dated May
 21, 2014.
Dominion Energy Kewaunee, Inc., Kewaunee     ML13058A065.
 Power Station, Certification of Permanent
 Cessation of Power Operations, dated
 February 25, 2013.
Dominion Energy Kewaunee, Inc., Kewaunee     ML13135A209.
 Power Station, Certification of Permanent
 Removal of Fuel from the Reactor Vessel,
 dated May 14, 2013.

[[Page 5002]]

 
Kewaunee Solutions, Inc., Kewaunee Power     ML23089A304.
 Station, Decommissioning Fund Status
 Report, dated March 30, 2023.
NUREG-1437 Supplement 40, ``Generic          ML102280229.
 Environmental Impact Statement for License
 Renewal of Nuclear Plants Supplement 40
 Regarding Kewaunee Power Station,'' Final
 Report, dated August 2010.
------------------------------------------------------------------------


    Dated: January 22, 2024.

    For the Nuclear Regulatory Commission.
Karl J. Sturzebecher,
Project Manager, Reactor Decommissioning Branch, Division of 
Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2024-01484 Filed 1-24-24; 8:45 am]
BILLING CODE 7590-01-P
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