Yankee Atomic Electric Company; Yankee Atomic Power Station; Environmental Assessment and Finding of No Significant Impact, 24877-24879 [2024-07508]
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Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices
Dated: April 4, 2024.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2024–07491 Filed 4–8–24; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–29 and 72–31; NRC–2024–
0067]
Yankee Atomic Electric Company;
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 May 4, 2023, request from Yankee
Atomic Electric Company (YAEC), for
the Yankee Nuclear Power Station
(YNPS or Yankee Rowe) located in
Rowe, Massachusetts. The proposed
exemption from NRC regulations, if
granted, would permit YAEC to make
withdrawals from a segregated account
within Yankee Rowe’s overall nuclear
decommissioning trust (NDT), on an
annual basis, for spent nuclear fuel
(SNF) 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 April 9,
2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0067 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–2024–0067. 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
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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19:57 Apr 08, 2024
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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 May 4, 2023, Yankee
Atomic Electric Company (YAEC or the
licensee) 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 Yankee Rowe
Independent Spent Fuel Storage
Installation 1 (ISFSI).
YAEC has established a separate
(segregated) account within its overarching 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 SNF and 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 exemptions from 10
CFR 50.82(a)(8)(i)(A) and 50.75(h)(2)
1 As discussed in this document, the Yankee
Rowe ISFSI sits on the former site of Yankee Rowe,
which YAEC finished decommissioning in 2007.
Although only the Yankee Rowe ISFSI remains on
the site, YAEC’s 10 CFR part 50 license, Facility
Operating License No. DPR–3 remains in effect.
Because YAEC requested an exemption from the
requirements of 10 CFR part 50, this would be an
exemption for YAEC’s 10 CFR part 50 license rather
than for YAEC’s 10 CFR part 72 general license.
Therefore, although YAEC’s submission requested
an exemption for the Yankee Rowe ISFSI, the NRC
staff will consider it a request for an exemption for
YNPS.
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24877
would permit YAEC 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, YAEC
would be able to annually transfer funds
exceeding 110 percent of the inflationadjusted 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.
YAEC received an operating license
from the NRC in December 1963, and
Yankee Rowe was permanently shut
down in October 1991. In 1993, YAEC
commenced decommissioning the
power plant. The licensee constructed
an onsite ISFSI under a general license
and transferred the last canister
containing GTCC material to the ISFSI
in June 2003. The plant completed its
final decommissioning of the reactor
site, except for the ISFSI, which
included dismantling and removing all
reactor plant related facilities, in 2007.
As a result, only the ISFSI remains at
the old plant site of YNPS in Rowe,
Massachusetts. By letter dated August
10, 2007, NRC approved the release of
the majority of the YNPS site from the
10 CFR part 50 license (DPR–3) for
unrestricted release, except for the ISFSI
and immediately surrounding areas.
Under its 10 CFR part 72 general
license, YAEC is authorized to possess,
and store spent nuclear fuel at the
permanently shut down and
decommissioned facility under the
provision 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
for reasonable assurance of adequate
protection of public health and safety,
and the common defense and security.
This EA documents the environmental
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 May 4, 2023, YAEC
submitted a request to the NRC for an
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Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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 YAEC 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, YAEC would be able to
annually transfer funds exceeding 110
percent of the inflation-adjusted
decommissioning cost estimate (DCE),
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 nonradiological 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 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.
YAEC stated that it has established a
segregated account, entitled ‘‘ISFSI
Radiological Decom,’’ within its overarching 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
YAEC to use funds from the segregated
account for SNF and GTCC waste
management and other non-radiological
site restoration activities.
In its Decommissioning Funding
Assurance Status Report dated March 6,
2023, YAEC stated that its inflationadjusted DCE for the radiological
decommissioning of the ISFSI, is
approximately $6.1 million in 2022
dollars. It asserted this amount provides
reasonable assurance of adequate
funding to complete the NRC required
decommissioning activities. In the same
report, YAEC reported that, as of
December 31, 2022, the segregated
‘‘ISFSI Radiological Decom’’ account
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19:57 Apr 08, 2024
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had $22.5 million. More specifically, in
its exemption request, YAEC provided a
table showing $6,087,475, in 2022
dollars, as the inflation-adjusted DCE.
YAEC’s exemption request further
stated that the segregated account has a
balance of $22,496,631 as of December
31, 2022, meaning that the segregated
account had a balance of $16,409,156, or
270 percent beyond the inflationadjusted DCE.
YAEC 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. YAEC
would then use those funds for SNF and
GTCC waste management and nonradiological site restoration, which in
turn, would allow YAEC 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 YAEC 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 nonradiological 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)
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and 10 CFR 50.75(h)(2), if approved,
would allow transfers on an annual
basis. YAEC stated that it will continue
to provide its annual decommissioning
funding assurance status report in
accordance with 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 YAEC 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
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.
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Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices
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 February 16, 2024, the
NRC provided a copy of the draft EA to
the Massachusetts Department of Public
Health, Radiation Control Program,
Bureau of Environmental Health, for
review. By email dated March 14, 2024,
Massachusetts Department of Public
Health, Radiation Control Program,
Bureau of Environmental Health
indicated that it had no comments.
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 Yankee
Rowe 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 YAEC 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
included in 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 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) for the Yankee Nuclear
Power Station Independent Spent Fuel Storage Installation, dated May 4, 2023.
Email to State of Massachusetts providing draft environmental assessment related to Yankee Rowe exemption request, dated February 16, 2024.
Email Response from State of Massachusetts on draft EA/FONSI, dated March 14, 2024 .........................
Yankee Rowe Decommissioning Funding Assurance Status Report, dated March 6, 2023 ........................
Yankee Nuclear Power Station—Release of Land from Part 50 License, dated August 10, 2007 ..............
Dated: April 4, 2024.
For the Nuclear Regulatory Commission.
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing
Branch, Division of Fuel Management, Office
of Nuclear Material Safety and Safeguards.
ddrumheller on DSK120RN23PROD with NOTICES1
[FR Doc. 2024–07508 Filed 4–8–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 72–37, 50–237, and 50–249;
NRC–2024–0054]
Constellation Energy Generation, LLC;
Dresden Nuclear Power Station, Unit 2
and Unit 3; Independent Spent Fuel
Storage Installation; Exemption
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
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ML23157A101
ML24060A232
ML24075A201
ML23080A107
ML071830515
permitting Dresden Nuclear Power
Station (Dresden) to maintain loaded
and to load 68M multi-purpose canisters
with continuous basket shims in the HI–
STORM 100 Cask System at its Dresden
Unit 2 and Unit 3 independent spent
fuel storage installation in a storage
condition where the terms, conditions,
and specifications in the Certificate of
Compliance No. 1014, Amendment No.
8, Revision No. 1 are not met.
The exemption was issued on
April 1, 2024.
DATES:
The U.S. Nuclear Regulatory
Commission (NRC) issued an exemption
to Constellation Energy Generation, LLC
SUMMARY:
VerDate Sep<11>2014
24879
Please refer to Docket ID
NRC–2024–0054 when contacting the
NRC about the availability of
ADDRESSES:
E:\FR\FM\09APN1.SGM
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Agencies
[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Notices]
[Pages 24877-24879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07508]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-29 and 72-31; NRC-2024-0067]
Yankee Atomic Electric Company; 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 May 4, 2023, request from
Yankee Atomic Electric Company (YAEC), for the Yankee Nuclear Power
Station (YNPS or Yankee Rowe) located in Rowe, Massachusetts. The
proposed exemption from NRC regulations, if granted, would permit YAEC
to make withdrawals from a segregated account within Yankee Rowe's
overall nuclear decommissioning trust (NDT), on an annual basis, for
spent nuclear fuel (SNF) 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
April 9, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0067 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-2024-0067. 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 May 4, 2023, Yankee Atomic Electric Company (YAEC
or the licensee) 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 Yankee Rowe Independent Spent Fuel
Storage Installation \1\ (ISFSI).
---------------------------------------------------------------------------
\1\ As discussed in this document, the Yankee Rowe ISFSI sits on
the former site of Yankee Rowe, which YAEC finished decommissioning
in 2007. Although only the Yankee Rowe ISFSI remains on the site,
YAEC's 10 CFR part 50 license, Facility Operating License No. DPR-3
remains in effect. Because YAEC requested an exemption from the
requirements of 10 CFR part 50, this would be an exemption for
YAEC's 10 CFR part 50 license rather than for YAEC's 10 CFR part 72
general license. Therefore, although YAEC's submission requested an
exemption for the Yankee Rowe ISFSI, the NRC staff will consider it
a request for an exemption for YNPS.
---------------------------------------------------------------------------
YAEC 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 SNF and 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 exemptions from 10 CFR 50.82(a)(8)(i)(A) and
50.75(h)(2) would permit YAEC 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, YAEC 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.
YAEC received an operating license from the NRC in December 1963,
and Yankee Rowe was permanently shut down in October 1991. In 1993,
YAEC commenced decommissioning the power plant. The licensee
constructed an onsite ISFSI under a general license and transferred the
last canister containing GTCC material to the ISFSI in June 2003. The
plant completed its final decommissioning of the reactor site, except
for the ISFSI, which included dismantling and removing all reactor
plant related facilities, in 2007. As a result, only the ISFSI remains
at the old plant site of YNPS in Rowe, Massachusetts. By letter dated
August 10, 2007, NRC approved the release of the majority of the YNPS
site from the 10 CFR part 50 license (DPR-3) for unrestricted release,
except for the ISFSI and immediately surrounding areas. Under its 10
CFR part 72 general license, YAEC is authorized to possess, and store
spent nuclear fuel at the permanently shut down and decommissioned
facility under the provision 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 for reasonable assurance of adequate
protection of public health and safety, and the common defense and
security. This EA documents the environmental 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 May 4, 2023, YAEC submitted a request to the NRC
for an
[[Page 24878]]
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 YAEC 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, YAEC would be able to annually
transfer funds exceeding 110 percent of the inflation-adjusted
decommissioning cost estimate (DCE), 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.
YAEC 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 YAEC to use funds from the segregated account for SNF and GTCC
waste management and other non-radiological site restoration
activities.
In its Decommissioning Funding Assurance Status Report dated March
6, 2023, YAEC stated that its inflation-adjusted DCE for the
radiological decommissioning of the ISFSI, is approximately $6.1
million in 2022 dollars. It asserted this amount provides reasonable
assurance of adequate funding to complete the NRC required
decommissioning activities. In the same report, YAEC reported that, as
of December 31, 2022, the segregated ``ISFSI Radiological Decom''
account had $22.5 million. More specifically, in its exemption request,
YAEC provided a table showing $6,087,475, in 2022 dollars, as the
inflation-adjusted DCE. YAEC's exemption request further stated that
the segregated account has a balance of $22,496,631 as of December 31,
2022, meaning that the segregated account had a balance of $16,409,156,
or 270 percent beyond the inflation-adjusted DCE.
YAEC 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. YAEC would then use those funds for SNF and GTCC waste
management and non-radiological site restoration, which in turn, would
allow YAEC 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 YAEC 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. YAEC stated that it will continue to
provide its annual decommissioning funding assurance status report in
accordance with 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 YAEC 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 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.
[[Page 24879]]
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 February 16, 2024, the NRC provided a copy of the
draft EA to the Massachusetts Department of Public Health, Radiation
Control Program, Bureau of Environmental Health, for review. By email
dated March 14, 2024, Massachusetts Department of Public Health,
Radiation Control Program, Bureau of Environmental Health indicated
that it had no comments.
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 Yankee Rowe 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 YAEC 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 included in 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 50.82(a)(8)(i)(A) ML23157A101
and 10 CFR 50.75(h)(2) for the Yankee Nuclear Power
Station Independent Spent Fuel Storage Installation,
dated May 4, 2023.
Email to State of Massachusetts providing draft ML24060A232
environmental assessment related to Yankee Rowe
exemption request, dated February 16, 2024.
Email Response from State of Massachusetts on draft ML24075A201
EA/FONSI, dated March 14, 2024.
Yankee Rowe Decommissioning Funding Assurance Status ML23080A107
Report, dated March 6, 2023.
Yankee Nuclear Power Station--Release of Land from ML071830515
Part 50 License, dated August 10, 2007.
----------------------------------------------------------------------------------------------------------------
Dated: April 4, 2024.
For the Nuclear Regulatory Commission.
Yoira Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2024-07508 Filed 4-8-24; 8:45 am]
BILLING CODE 7590-01-P