Maine Yankee Atomic Power Company; Maine Yankee Atomic Power Station; Environmental Assessment and Finding of No Significant Impact, 14723-14725 [2024-04077]
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Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices
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Dated: February 23, 2024.
For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2024–04078 Filed 2–27–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–309 and 72–30; NRC–2024–
0020]
Maine Yankee Atomic Power
Company; Maine Yankee Atomic
Power Station; Environmental
Assessment and Finding of No
Significant Impact
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an exemption in response to
the March 31, 2023, request from Maine
Yankee Atomic Power Company
(MYAPC or Maine Yankee), for the
Maine Yankee Atomic Power Station
(MYAPS), located in Wiscasset, Maine.
The proposed exemption from NRC
regulations, if granted, would permit
MYAPC to make withdrawals from a
segregated account within Maine
Yankee’s overall nuclear
decommissioning trust (NDT), on an
annual basis, for spent fuel and Greater
than Class C (GTCC) waste management
and non-radiological site restoration
without prior notification to the NRC.
The NRC staff is issuing an
environmental assessment (EA) and
finding of no significant impact (FONSI)
associated with the proposed
exemption.
DATES: The EA and FONSI referenced in
this document are available on February
28, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0020 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–2024–0020. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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19:59 Feb 27, 2024
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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 (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tilda Liu, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 404–997–
4730, email: Tilda.Liu@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated March 31, 2023, Maine
Yankee submitted a request to the NRC
for an exemption from paragraphs
50.82(a)(8)(i)(A) and 50.75(h)(2) of title
10 of the Code of Federal Regulations
(10 CFR) for the Maine Yankee
Independent Spent Fuel Storage
Installation (ISFSI).1
Maine Yankee has established a
separate (segregated) account within its
over-arching nuclear decommissioning
trust (NDT), entitled ‘‘ISFSI Radiological
Decom,’’ that identifies the funds for
1 As discussed in the referenced EA, the Maine
Yankee ISFSI sits on the former site of the Maine
Yankee Atomic Power Station, which MYAPC
finished decommissioning in 2005. Although only
the Maine Yankee ISFSI remains on the site, Maine
Yankee’s 10 CFR part 50 license, Facility Operating
License No. DPR–36 remains in effect. Because the
MYAPC requested an exemption from the
requirements of 10 CFR part 50, this would be an
exemption for MYAPC’s 10 CFR part 50 license
rather than for MYAPC’s 10 CFR part 72 general
license. Therefore, although MYAPC’s submission
requested an exemption for the Maine Yankee
ISFSI, the NRC staff will consider it a request for
an exemption for the Maine Yankee Atomic Power
Station.
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14723
radiological decommissioning of the
ISFSI apart from the larger balance of
funds in the NDT allocated for ongoing
management of spent nuclear fuel and
Greater than Class C (GTCC) waste and
for non-radiological site restoration
activities. Although 10 CFR 50.82
applies to the segregated account, it
does not apply to the overall NDT.
If granted, the exemption from 10 CFR
50.82(a)(8)(i)(A) and 50.75(h)(2) would
permit MYAPC to make withdrawals
from the segregated account, on an
annual basis, for spent fuel and GTCC
waste management and non-radiological
site restoration without prior
notification to the NRC. More
specifically, with this exemption,
MYAPC would be able to annually
transfer funds exceeding 110 percent of
the inflation-adjusted decommissioning
cost estimate, described in 10 CFR
50.75, from the segregated account to its
overarching NDT and use those funds
for spent fuel and GTCC waste
management and non-radiological site
restoration.
Maine Yankee Atomic Power Station
began commercial operation in
December 1972, and shut down in
December 1996. Maine Yankee began
decommissioning the Maine Yankee
Atomic Power Station in 1998. After
ceasing reactor operations, MYAPC
began transferring spent nuclear fuel
(SNF) from the spent fuel pool to the
Maine Yankee ISFSI for long-term dry
storage. MYAPC completed these
activities in 2004 and completed its
final decommissioning of the reactor
site, except for the ISFSI, which
included dismantling and removing all
reactor-related facilities, in 2005. As a
result, only the ISFSI remains at the old
plant site of Maine Yankee Atomic
Power Station in Wiscasset, Maine. By
letter dated September 30, 2005
(ADAMS Package Accession No.
ML052380223), the NRC issued
Amendment No. 172 to Facility
Operating License No. DPR–36 to allow
MYAPC to possess and store SNF at the
permanently shut down and
decommissioned facility under the
provisions of 10 CFR part 72, subpart K,
‘‘General License for Storage of Spent
Fuel at Power Reactor Sites.’’
The NRC staff is performing both a
safety evaluation and an environmental
review to determine whether to grant
this exemption request. The NRC staff
will prepare a separate safety evaluation
report (SER) to document its safety
review and analysis. The NRC’s SER
will evaluate the proposed exemption to
ensure reasonable assurance of adequate
protection of public health and safety,
and the common defense and security.
This EA documents the environmental
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Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices
review which the NRC staff prepared in
accordance with 10 CFR 51.21 and
51.30(a). The NRC’s decision whether to
grant the exemption will be based on
the results of the NRC staff’s review as
documented in this EA, and the staff’s
safety review to be documented in the
SER.
II. Environmental Assessment
By letter dated March 31, 2023, Maine
Yankee submitted a request to the NRC
for an exemption from 10 CFR
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2).
If granted, the proposed exemption from
10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2)
would permit MYAPC to make
withdrawals from the segregated
account, on an annual basis, for SNF
and GTCC waste management and nonradiological site restoration without
prior notification to the NRC. More
specifically, with this exemption,
MYAPC would be able to annually
transfer funds exceeding 110 percent of
the inflation-adjusted decommissioning
cost estimate, described in 10 CFR
50.75, from the segregated account to its
overarching NDT and use those funds
for SNF and GTCC waste management
and non-radiological site restoration
activities.
ddrumheller on DSK120RN23PROD with NOTICES1
Need for the Proposed Action
As required by 10 CFR
50.82(a)(8)(i)(A), decommissioning trust
funds may be used by the licensee if the
withdrawals are for legitimate
decommissioning activity expenses,
consistent with the definition of
decommissioning in 10 CFR 50.2. This
definition addresses radiological
decommissioning and does not include
activities associated with management
of SNF and GTCC waste or nonradiological site restoration. Similarly,
the requirements of 10 CFR 50.75(h)(2)
restrict the use of decommissioning
trust fund disbursements (other than for
ordinary and incidental expenses) to
decommissioning expenses until final
decommissioning has been completed.
Maine Yankee stated that it has
established a segregated account,
entitled ‘‘ISFSI Radiological Decom,’’
within its over-arching NDT, that
identifies the funds for radiological
decommissioning of the ISFSI. This
segregated account is separate from the
larger balance of funds in the NDT
allocated for ongoing management of
SNF and GTCC waste and for other nonradiological site restoration activities.
Therefore, exemption from 10 CFR
50.82(a)(8)(i)(A) and 50.75(h)(2) is
needed to allow Maine Yankee to use
funds from the segregated account for of
SNF and GTCC waste management and
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other non-radiological site restoration
activities.
In its Decommissioning Funding
Assurance Status Report dated March 6,
2023, Maine Yankee stated that, as of
December 31, 2022, its inflationadjusted decommissioning cost estimate
(DCE) for the radiological
decommissioning of the ISFSI, is
approximately $7.4 million in 2022
dollars, which, it asserted provides
reasonable assurance of adequate
funding to complete the NRC-required
decommissioning activities. In the same
report, Maine Yankee reported that the
segregated ‘‘ISFSI Radiological Decom’’
account had $56.4 million. More
specifically, in its exemption request,
Maine Yankee provided a table showing
$7,436,375 in 2022 dollars as the
inflation-adjusted DCE. Maine Yankee’s
exemption request further stated that
the segregated account has a balance of
$56,449,354 as of December 31, 2022,
meaning that the segregated account had
a balance of $49,012,979, or 659 percent
beyond the inflation-adjusted DCE.
Maine Yankee stated that, if the
exemption is granted, funds in its
segregated account which exceed 110
percent of the inflation-adjusted DCE for
the radiological decommissioning of the
ISFSI would be transferred to the
overarching NDT on an annual basis
without prior NRC notification. Maine
Yankee would then use those funds for
SNF and GTCC waste management and
non-radiological site restoration, which
in turn, would allow Maine Yankee to
return its additional excess funds in the
overarching NDT to its customers as
part of future rate cases with the Federal
Energy Regulatory Commission.
The requirements of 10 CFR
50.75(h)(2) 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)(2) is also needed to
allow Maine Yankee to use funds from
the segregated account for SNF and
GTCC waste management and nonradiological site restoration activities
without prior NRC notification.
Environmental Impacts of the Proposed
Action
The proposed action involves an
exemption from requirements that are of
financial and/or administrative nature
and that do not have an impact on the
environment.
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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 segregated account to
complete all activities associated with
radiological decommissioning as well as
SNF and GTCC waste management and
non-radiological site restoration.
Therefore, there would be no decrease
in safety associated with the use of
funds from the segregated account to
also fund activities associated with SNF
and GTCC waste management and nonradiological site-restoration.
The requested exemption from the
requirements of 10 CFR 50.82(a)(8)(i)(A)
and 10 CFR 50.75(h)(2), if approved,
would allow transfers on an annual
basis. Maine Yankee stated that it will
continue to provide its annual
decommissioning funding assurance
status report in accordance with the 10
CFR 50.75(f)(1) and (2) and 10 CFR
50.82(a)(8)(v) and (vi) requirements.
These reports provide the NRC staff
with awareness of, and the ability to act
on, any actual or potential funding
deficiencies. As the proposed
exemption would not affect these
requirements, the NRC staff would have
tools available for any potential funding
deficiencies. Since the exemption
would allow Maine Yankee to use funds
from the segregated account that are in
excess of those required for radiological
decommissioning, the adequacy of
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.
Further, there are no new accident
precursors created by using the excess
funds from the segregated account for
SNF and GTCC waste management and
non-radiological site-restoration. The
exemption, if granted, would be
financial and/or administrative in
nature. Thus, the probability of
postulated accidents is not increased.
Also, the consequences of postulated
accidents are not increased. No changes
are being made in the types or amounts
of effluents that may be released offsite.
There is no significant increase in
occupational or public radiation
exposure. Therefore, the requested
exemption will not present an undue
risk to the public health and safety.
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
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Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices
systems. There would be no changes to
the quality or quantity of nonradiological effluents. 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 non-radiological
environmental impacts associated with
the proposed action.
For these reasons, the NRC concludes
there are no significant environmental
impacts associated with the proposed
exemption request.
Environmental Impacts of the
Alternatives to the Proposed Action
In addition to the proposed action, the
NRC staff also considered denial of the
proposed action (i.e., the ‘‘no-action’’
alternative). Denial of the exemption
request would result in no change in
current environmental impacts. The
environmental impacts of the proposed
action and the alternative action would
be similar.
Alternative Use of Resources
There are no unresolved conflicts
concerning alternative uses of available
resources under the proposed action.
Agencies Consulted
By email dated January 16, 2024, the
NRC provided a copy of this draft EA to
the Maine Department of Health and
Human Services, Radiological Control
Program, for review. By email dated
January 30, 2024, Maine Department of
Health & Human Services concurred
with the NRC staff’s determination.
Endangered Species Act Section 7
Consultation
Section 7 of the Endangered Species
Act of 1973, as amended (ESA), requires
Federal agencies to consult with the
U.S. Fish and Wildlife Service or
National Marine Fisheries Service
regarding actions that may affect listed
species or designated critical habitats.
The ESA is intended to prevent further
decline of endangered and threatened
species and restore those species and
their critical habitat.
The NRC staff determined that a
consultation under section 7 of the ESA
is not required because the proposed
action will not affect listed species or
critical habitat.
National Historic Preservation Act
Section 106 Consultation
Section 106 of the National Historic
Preservation Act (NHPA) requires
Federal agencies to consider the effects
of their undertakings on historic
properties. As stated in the NHPA,
historic properties are any prehistoric or
historic district, site, building, structure,
or object included in, or eligible for
inclusion in the National Register of
Historic Places.
The NRC determined that the scope of
activities described in this exemption
request do not have the potential to
cause effects on historic properties
because the NRC’s approval of this
exemption request will not authorize
new construction or land disturbance
activities. The NRC staff also
determined that the proposed action is
not a type of activity that has the
potential to impact historic properties
because the proposed action would
occur within the established Maine
Yankee site boundary. Therefore, in
accordance with 36 CFR 800.3(a)(1), no
consultation is required under section
106 of NHPA.
III. Finding of No Significant Impact
The environmental impacts of the
proposed action—an exemption from
the requirements of 10 CFR
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2)
allowing MYAPC to make withdrawals
from the segregated account, on an
annual basis, for SNF and GTCC waste
management and non-radiological site
restoration without prior notification to
the NRC—have been reviewed under the
requirements in 10 CFR part 51, which
implement the National Environmental
Policy Act of 1969, as amended.
The proposed exemption would not
have a significant adverse effect on the
probability of an accident occurring and
would not have any significant
radiological or non-radiological impacts.
The proposed exemption involves an
exemption from requirements that are of
a financial and/or administrative nature
and would not have an impact on the
human environment. Consistent with 10
CFR 51.21, the NRC conducted the EA
for the proposed exemption, and this
FONSI incorporates by reference the EA
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.
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons through ADAMS, as
indicated.
Document description
ADAMS accession No.
ddrumheller on DSK120RN23PROD with NOTICES1
Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) for the Maine Yankee
ISFSI, dated March 31, 2023.
Email to State of Maine providing draft environmental assessment related to Maine Yankee exemption request, dated January 16, 2024.
Response from State of Maine on draft EA/FONSI, dated January 30, 2024 ..................................................
Maine Yankee Decommissioning Funding Assurance Status Report, dated March 6, 2023 ...........................
Issuance of Amendment No. 172, to Facility Operating License No. DPR–36—Maine Yankee Atomic
Power Station, dated September 30, 2005.
Dated: February 22, 2024.
For the Nuclear Regulatory Commission.
Yoira K. Diaz-Sanabria,
Chief, Storage and Transportation Licensing
Branch, Division of Fuel Management, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2024–04077 Filed 2–27–24; 8:45 am]
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ML24033A284.
ML23068A011.
ML052380223 (package).
The U.S. Nuclear Regulatory
Commission (NRC) invites public
comment on the renewal of Office of
Management and Budget (OMB)
approval for an existing collection of
information. The information collection
is entitled, ‘‘Generic Clearance for the
SUMMARY:
Information Collection: Generic
Clearance for the Collection of
Qualitative Feedback on Agency
Service Delivery
PO 00000
ML24024A153.
Renewal of existing information
collection; request for comment.
[NRC–2024–0022]
Nuclear Regulatory
Commission.
19:59 Feb 27, 2024
ML23113A005.
ACTION:
NUCLEAR REGULATORY
COMMISSION
AGENCY:
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]]>Agencies
[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14723-14725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04077]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-309 and 72-30; NRC-2024-0020]
Maine Yankee Atomic Power Company; Maine Yankee Atomic 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 31, 2023, request
from Maine Yankee Atomic Power Company (MYAPC or Maine Yankee), for the
Maine Yankee Atomic Power Station (MYAPS), located in Wiscasset, Maine.
The proposed exemption from NRC regulations, if granted, would permit
MYAPC to make withdrawals from a segregated account within Maine
Yankee's overall nuclear decommissioning trust (NDT), on an annual
basis, for spent fuel and Greater than Class C (GTCC) waste management
and non-radiological site restoration without prior notification to the
NRC. The NRC staff is issuing an environmental assessment (EA) and
finding of no significant impact (FONSI) associated with the proposed
exemption.
DATES: The EA and FONSI referenced in this document are available on
February 28, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0020 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-2024-0020. 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 (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tilda Liu, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001; telephone: 404-997-4730, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated March 31, 2023, Maine Yankee submitted a request to
the NRC for an exemption from paragraphs 50.82(a)(8)(i)(A) and
50.75(h)(2) of title 10 of the Code of Federal Regulations (10 CFR) for
the Maine Yankee Independent Spent Fuel Storage Installation
(ISFSI).\1\
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\1\ As discussed in the referenced EA, the Maine Yankee ISFSI
sits on the former site of the Maine Yankee Atomic Power Station,
which MYAPC finished decommissioning in 2005. Although only the
Maine Yankee ISFSI remains on the site, Maine Yankee's 10 CFR part
50 license, Facility Operating License No. DPR-36 remains in effect.
Because the MYAPC requested an exemption from the requirements of 10
CFR part 50, this would be an exemption for MYAPC's 10 CFR part 50
license rather than for MYAPC's 10 CFR part 72 general license.
Therefore, although MYAPC's submission requested an exemption for
the Maine Yankee ISFSI, the NRC staff will consider it a request for
an exemption for the Maine Yankee Atomic Power Station.
---------------------------------------------------------------------------
Maine Yankee has established a separate (segregated) account within
its over-arching nuclear decommissioning trust (NDT), entitled ``ISFSI
Radiological Decom,'' that identifies the funds for radiological
decommissioning of the ISFSI apart from the larger balance of funds in
the NDT allocated for ongoing management of spent nuclear fuel and
Greater than Class C (GTCC) waste and for non-radiological site
restoration activities. Although 10 CFR 50.82 applies to the segregated
account, it does not apply to the overall NDT.
If granted, the exemption from 10 CFR 50.82(a)(8)(i)(A) and
50.75(h)(2) would permit MYAPC to make withdrawals from the segregated
account, on an annual basis, for spent fuel and GTCC waste management
and non-radiological site restoration without prior notification to the
NRC. More specifically, with this exemption, MYAPC would be able to
annually transfer funds exceeding 110 percent of the inflation-adjusted
decommissioning cost estimate, described in 10 CFR 50.75, from the
segregated account to its overarching NDT and use those funds for spent
fuel and GTCC waste management and non-radiological site restoration.
Maine Yankee Atomic Power Station began commercial operation in
December 1972, and shut down in December 1996. Maine Yankee began
decommissioning the Maine Yankee Atomic Power Station in 1998. After
ceasing reactor operations, MYAPC began transferring spent nuclear fuel
(SNF) from the spent fuel pool to the Maine Yankee ISFSI for long-term
dry storage. MYAPC completed these activities in 2004 and completed its
final decommissioning of the reactor site, except for the ISFSI, which
included dismantling and removing all reactor-related facilities, in
2005. As a result, only the ISFSI remains at the old plant site of
Maine Yankee Atomic Power Station in Wiscasset, Maine. By letter dated
September 30, 2005 (ADAMS Package Accession No. ML052380223), the NRC
issued Amendment No. 172 to Facility Operating License No. DPR-36 to
allow MYAPC to possess and store SNF at the permanently shut down and
decommissioned facility under the provisions of 10 CFR part 72, subpart
K, ``General License for Storage of Spent Fuel at Power Reactor
Sites.''
The NRC staff is performing both a safety evaluation and an
environmental review to determine whether to grant this exemption
request. The NRC staff will prepare a separate safety evaluation report
(SER) to document its safety review and analysis. The NRC's SER will
evaluate the proposed exemption to ensure reasonable assurance of
adequate protection of public health and safety, and the common defense
and security. This EA documents the environmental
[[Page 14724]]
review which the NRC staff prepared in accordance with 10 CFR 51.21 and
51.30(a). The NRC's decision whether to grant the exemption will be
based on the results of the NRC staff's review as documented in this
EA, and the staff's safety review to be documented in the SER.
II. Environmental Assessment
By letter dated March 31, 2023, Maine Yankee submitted a request to
the NRC for an exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(2). If granted, the proposed exemption from 10 CFR
50.82(a)(8)(i)(A) and 50.75(h)(2) would permit MYAPC to make
withdrawals from the segregated account, on an annual basis, for SNF
and GTCC waste management and non-radiological site restoration without
prior notification to the NRC. More specifically, with this exemption,
MYAPC would be able to annually transfer funds exceeding 110 percent of
the inflation-adjusted decommissioning cost estimate, described in 10
CFR 50.75, from the segregated account to its overarching NDT and use
those funds for SNF and GTCC waste management and non-radiological site
restoration activities.
Need for the Proposed Action
As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust
funds may be used by the licensee if the withdrawals are for legitimate
decommissioning activity expenses, consistent with the definition of
decommissioning in 10 CFR 50.2. This definition addresses radiological
decommissioning and does not include activities associated with
management of SNF and GTCC waste or non-radiological site restoration.
Similarly, the requirements of 10 CFR 50.75(h)(2) restrict the use of
decommissioning trust fund disbursements (other than for ordinary and
incidental expenses) to decommissioning expenses until final
decommissioning has been completed.
Maine Yankee stated that it has established a segregated account,
entitled ``ISFSI Radiological Decom,'' within its over-arching NDT,
that identifies the funds for radiological decommissioning of the
ISFSI. This segregated account is separate from the larger balance of
funds in the NDT allocated for ongoing management of SNF and GTCC waste
and for other non-radiological site restoration activities. Therefore,
exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) is needed to
allow Maine Yankee to use funds from the segregated account for of SNF
and GTCC waste management and other non-radiological site restoration
activities.
In its Decommissioning Funding Assurance Status Report dated March
6, 2023, Maine Yankee stated that, as of December 31, 2022, its
inflation-adjusted decommissioning cost estimate (DCE) for the
radiological decommissioning of the ISFSI, is approximately $7.4
million in 2022 dollars, which, it asserted provides reasonable
assurance of adequate funding to complete the NRC-required
decommissioning activities. In the same report, Maine Yankee reported
that the segregated ``ISFSI Radiological Decom'' account had $56.4
million. More specifically, in its exemption request, Maine Yankee
provided a table showing $7,436,375 in 2022 dollars as the inflation-
adjusted DCE. Maine Yankee's exemption request further stated that the
segregated account has a balance of $56,449,354 as of December 31,
2022, meaning that the segregated account had a balance of $49,012,979,
or 659 percent beyond the inflation-adjusted DCE.
Maine Yankee stated that, if the exemption is granted, funds in its
segregated account which exceed 110 percent of the inflation-adjusted
DCE for the radiological decommissioning of the ISFSI would be
transferred to the overarching NDT on an annual basis without prior NRC
notification. Maine Yankee would then use those funds for SNF and GTCC
waste management and non-radiological site restoration, which in turn,
would allow Maine Yankee to return its additional excess funds in the
overarching NDT to its customers as part of future rate cases with the
Federal Energy Regulatory Commission.
The requirements of 10 CFR 50.75(h)(2) 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)(2) is
also needed to allow Maine Yankee to use funds from the segregated
account for SNF and GTCC waste management and non-radiological site
restoration activities without prior NRC notification.
Environmental Impacts of the Proposed Action
The proposed action involves an exemption from requirements that
are of financial and/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 segregated account to complete all activities
associated with radiological decommissioning as well as SNF and GTCC
waste management and non-radiological site restoration. Therefore,
there would be no decrease in safety associated with the use of funds
from the segregated account to also fund activities associated with SNF
and GTCC waste management and non-radiological site-restoration.
The requested exemption from the requirements of 10 CFR
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2), if approved, would allow
transfers on an annual basis. Maine Yankee stated that it will continue
to provide its annual decommissioning funding assurance status report
in accordance with the 10 CFR 50.75(f)(1) and (2) and 10 CFR
50.82(a)(8)(v) and (vi) requirements. These reports provide the NRC
staff with awareness of, and the ability to act on, any actual or
potential funding deficiencies. As the proposed exemption would not
affect these requirements, the NRC staff would have tools available for
any potential funding deficiencies. Since the exemption would allow
Maine Yankee to use funds from the segregated account that are in
excess of those required for radiological decommissioning, the adequacy
of 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.
Further, there are no new accident precursors created by using the
excess funds from the segregated account for SNF and GTCC waste
management and non-radiological site-restoration. The exemption, if
granted, would be financial and/or administrative in nature. Thus, the
probability of postulated accidents is not increased. Also, the
consequences of postulated accidents are not increased. No changes are
being made in the types or amounts of effluents that may be released
offsite. There is no significant increase in occupational or public
radiation exposure. Therefore, the requested exemption will not present
an undue risk to the public health and safety.
With regard to potential non-radiological impacts, the proposed
action would have no direct impacts on land use or water resources,
including terrestrial and aquatic biota, as it involves no new
construction or modification of plant operational
[[Page 14725]]
systems. There would be no changes to the quality or quantity of non-
radiological effluents. 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 non-radiological environmental impacts associated with the
proposed action.
For these reasons, the NRC concludes there are no significant
environmental impacts associated with the proposed exemption request.
Environmental Impacts of the Alternatives to the Proposed Action
In addition to the proposed action, the NRC staff also considered
denial of the proposed action (i.e., the ``no-action'' alternative).
Denial of the exemption request would result in no change in current
environmental impacts. The environmental impacts of the proposed action
and the alternative action would be similar.
Alternative Use of Resources
There are no unresolved conflicts concerning alternative uses of
available resources under the proposed action.
Agencies Consulted
By email dated January 16, 2024, the NRC provided a copy of this
draft EA to the Maine Department of Health and Human Services,
Radiological Control Program, for review. By email dated January 30,
2024, Maine Department of Health & Human Services concurred with the
NRC staff's determination.
Endangered Species Act Section 7 Consultation
Section 7 of the Endangered Species Act of 1973, as amended (ESA),
requires Federal agencies to consult with the U.S. Fish and Wildlife
Service or National Marine Fisheries Service regarding actions that may
affect listed species or designated critical habitats. The ESA is
intended to prevent further decline of endangered and threatened
species and restore those species and their critical habitat.
The NRC staff determined that a consultation under section 7 of the
ESA is not required because the proposed action will not affect listed
species or critical habitat.
National Historic Preservation Act Section 106 Consultation
Section 106 of the National Historic Preservation Act (NHPA)
requires Federal agencies to consider the effects of their undertakings
on historic properties. As stated in the NHPA, historic properties are
any prehistoric or historic district, site, building, structure, or
object included in, or eligible for inclusion in the National Register
of Historic Places.
The NRC determined that the scope of activities described in this
exemption request do not have the potential to cause effects on
historic properties because the NRC's approval of this exemption
request will not authorize new construction or land disturbance
activities. The NRC staff also determined that the proposed action is
not a type of activity that has the potential to impact historic
properties because the proposed action would occur within the
established Maine Yankee site boundary. Therefore, in accordance with
36 CFR 800.3(a)(1), no consultation is required under section 106 of
NHPA.
III. Finding of No Significant Impact
The environmental impacts of the proposed action--an exemption from
the requirements of 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2)
allowing MYAPC to make withdrawals from the segregated account, on an
annual basis, for SNF and GTCC waste management and non-radiological
site restoration without prior notification to the NRC--have been
reviewed under the requirements in 10 CFR part 51, which implement the
National Environmental Policy Act of 1969, as amended.
The proposed exemption would not have a significant adverse effect
on the probability of an accident occurring and would not have any
significant radiological or non-radiological impacts. The proposed
exemption involves an exemption from requirements that are of a
financial and/or administrative nature and would not have an impact on
the human environment. Consistent with 10 CFR 51.21, the NRC conducted
the EA for the proposed exemption, and this FONSI incorporates by
reference the EA 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.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS, as indicated.
------------------------------------------------------------------------
Document description ADAMS accession No.
------------------------------------------------------------------------
Request for Exemption from 10 CFR ML23113A005.
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2)
for the Maine Yankee ISFSI, dated March
31, 2023.
Email to State of Maine providing draft ML24024A153.
environmental assessment related to Maine
Yankee exemption request, dated January
16, 2024.
Response from State of Maine on draft EA/ ML24033A284.
FONSI, dated January 30, 2024.
Maine Yankee Decommissioning Funding ML23068A011.
Assurance Status Report, dated March 6,
2023.
Issuance of Amendment No. 172, to Facility ML052380223 (package).
Operating License No. DPR-36--Maine Yankee
Atomic Power Station, dated September 30,
2005.
------------------------------------------------------------------------
Dated: February 22, 2024.
For the Nuclear Regulatory Commission.
Yoira K. Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2024-04077 Filed 2-27-24; 8:45 am]
BILLING CODE 7590-01-P
