Connecticut Yankee Atomic Power Company; Haddam Neck Plant; Environmental Assessment and Finding of No Significant Impact, 46170-46173 [2024-11553]
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
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Response: No.
The use of M5TM fuel rod cladding
material will not result in changes in the
operation or configuration of the
facility. The above cited topical reports
demonstrated that the material
properties of M5TM cladding are similar
to those of standard Zircaloy. Therefore,
M5TM fuel cladding material will
perform similarly to those fabricated
from standard Zircaloy. The fuel
cladding itself is not a postulated
initiator of previously evaluated
accidents and does not create the
possibility of a new or different kind of
accident.
Therefore, the proposed exemption
does not create the possibility of a new
or different kind of accident from any
previously evaluated.
3. Does the proposed exemption
involve a significant reduction in a
margin of safety.
Response: No.
The proposed exemption will not
involve a significant reduction in the
margin of safety because it has been
demonstrated that the material
properties of the M5TM cladding is not
significantly different from those of the
standard Zircaloy. M5TM fuel cladding
material is expected to perform
similarly to standard Zircaloy for all
normal operating and accident
scenarios. Use of M5TM cladding does
not require changing any of the current
regulatory acceptance criteria, or
relaxation of the methods of analysis.
Therefore, the proposed exemption
does not involve a significant reduction
in a margin of safety.
Based on the above evaluation of the
standards set forth in 10 CFR 50.92(c),
the NRC staff concludes that the
proposed exemption involves no
significant hazards consideration.
Accordingly, the requirements of 10
CFR 51.22(c)(9)(i) are met.
Requirements in 10 CFR 51.22(c)(9)(ii)
The proposed exemption would allow
the use of M5TM cladding at Millstone
3 for GAIA SBLOCA and RLBLOCA
analyses performed using FRM
methods. M5TM cladding has similar
properties and performance
characteristics as the currently licensed
Zircaloy cladding. Thus, the use of
M5TM fuel cladding material will not
significantly increase the amount of
effluents that may be released offsite.
Therefore, the requirements of 10 CFR
51.22(c)(9)(ii) are met.
Requirements in 10 CFR 51.22(c)(9)(iii)
The proposed exemption would allow
the use of M5TM cladding at Millstone
3 for GAIA SBLOCA and RLBLOCA
analyses performed using FRM
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methods. M5TM cladding has similar
properties and performance
characteristics as the currently licensed
Zircaloy cladding. Thus, the use of
M5TM fuel cladding material will not
significantly increase individual
occupational radiation exposure, or
significantly increase cumulative
occupational radiation exposure.
Therefore, the requirements of 10 CFR
51.22(c)(9)(iii) are met.
Based on the above, the NRC staff
concludes that the proposed exemption
meets the eligibility criteria for the
categorical exclusion set forth in 10 CFR
51.22(c)(9). Therefore, in accordance
with 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared in
connection with the NRC’s issuance of
this exemption.
IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12, the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants DENC an
exemption from the requirements of 10
CFR 50.46 and 10 CFR part 50,
appendix K. The proposed exemption
request would permit application of the
requirements of 10 CFR 50.46 and
appendix K to fuel rod cladding with
M5TM at Millstone 3. As stated above,
this exemption relates solely to the
cladding material specified in these
regulations.
Dated at Rockville, Maryland, this 21st day
of May, 2024.
For the Nuclear Regulatory Commission.
Jamie Pelton,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2024–11561 Filed 5–24–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–213 and 72–39; NRC–2024–
0093]
Connecticut Yankee Atomic Power
Company; Haddam Neck Plant;
Environmental Assessment and
Finding of No Significant Impact
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
SUMMARY:
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issuance of an exemption in response to
the April 24, 2023, request from
Connecticut Yankee Atomic Power
Company (CYAPCO), for the Haddam
Neck Plant (HNP or Haddam Neck)
located in East Hampton, Connecticut.
The proposed exemption from NRC
regulations, if granted, would permit
CYAPCO to make withdrawals from a
segregated account within Haddam
Neck’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 May 28,
2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0093 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–2024–0093. 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 (ET), Monday through Friday,
except Federal holidays.
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
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:
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I. Introduction
By letter dated April 24, 2023,
CYAPCO submitted a request to the
NRC for an exemption from paragraphs
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2)
of title 10 of the Code of Federal
Regulations (10 CFR) for the Haddam
Neck Independent Spent Fuel Storage
Installation 1 (ISFSI).
CYAPCO has established a separate
(segregated) account within its overarching 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 CYAPCO 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,
CYAPCO 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.
HNP began commercial operations in
January 1968, and ceased power
production in December 1996. CYAPCO
initiated decommissioning shortly
thereafter. In July 2007, HNP completed
its final decommissioning of the reactor
site, except for the ISFSI, which
included dismantling and removing all
1 As discussed in this document, the Haddam
Neck ISFSI sits on the former site of HNP, which
CYAPCO finished decommissioning in 2007.
Although only the Haddam Neck ISFSI remains on
the site, CYAPCO’s 10 CFR part 50 license, Facility
Operating License No. DPR–61 remains in effect.
Because CYAPCO requested an exemption from the
requirements of 10 CFR part 50, this would be an
exemption for CYAPCO’s 10 CFR part 50 license
rather than for CYAPCO’s 10 CFR part 72 general
license. Therefore, although CYAPCO’s submission
requested an exemption for the Haddam Neck
ISFSI, the NRC staff will consider it a request for
an exemption for HNP.
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reactor plant related facilities. As a
result, only the ISFSI remains at the old
plant site of HNP in East Hampton,
Connecticut.
By letter dated November 26, 2007,
NRC approved the release of most
portions of the HNP site from the 10
CFR part 50 license (DPR–61) for
unrestricted release, except for the ISFSI
and immediately surrounding areas.
Under its 10 CFR part 72 general
license, HNP is authorized to possess,
and store SNF 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 April 24, 2023,
CYAPCO 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 CYAPCO 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,
CYAPCO would be able to annually
transfer funds exceeding 110 percent of
the inflation-adjusted 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
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46171
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.
CYAPCO 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 apart
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 CYAPCO 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, CYAPCO stated that, its inflationadjusted DCE for the radiological
decommissioning of the ISFSI is
approximately $7.1 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, CYAPCO reported that the
segregated ‘‘ISFSI Radiological Decom’’
account had $46.4 million in 2022
dollars as of December 31, 2022. More
specifically, in its exemption request,
CYAPCO provided a table showing
$7,070,450, in 2022 dollars, as the
inflation-adjusted DCE. CYAPCO’s
exemption request further stated that
the segregated account has a balance of
$47,609,309 as of December 31, 2022,
meaning that the segregated account had
a balance of $40,538,859, or 573 percent
beyond the inflation-adjusted DCE.
CYAPCO 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.
CYAPCO would then use those funds
for SNF and GTCC waste management
and non-radiological site restoration,
which in turn, would allow CYAPCO 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.
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
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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 CYAPCO 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)
and 10 CFR 50.75(h)(2), if approved,
would allow transfers on an annual
basis. CYAPCO 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 CYAPCO 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.
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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.
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 April 5, 2024, the NRC
provided a copy of the draft EA to the
Connecticut Department of Energy and
Environmental Protection, Radiation
Division, for review. By email dated
May 6, 2024, Connecticut Department of
Energy and Environmental Protection,
Radiation Division, indicated that it had
no comments.
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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 HNP 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 CYAPCO 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
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
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.
ADAMS accession
No.
Document description
Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) for the Haddam Neck Plant Independent
Spent Fuel Storage Installation, dated April 24, 2023 ...............................................................................................................
Email to State of Connecticut providing draft environmental assessment related to Haddam Neck exemption request, dated
April 5, 2024 ...............................................................................................................................................................................
Email Response from State of Connecticut on draft EA/FONSI, dated May 6, 2024 ..................................................................
Haddam Neck Decommissioning Funding Assurance Status Report, dated March 6, 2023 .......................................................
Haddam Neck Plant—Release of Land from Part 50 License, November 26, 2007 ...................................................................
Dated: May 21, 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. 2024–11553 Filed 5–24–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 99902100; NRC–2024–0078]
US SFR Owner, LLC.; Construction
Permit Application
Nuclear Regulatory
Commission.
ACTION: Notice; receipt.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is providing public
notice each week for four consecutive
weeks of receipt and availability of an
application for a construction permit for
a single unit reactor facility from US
SFR Owner, LLC, a wholly owned
subsidiary of TerraPower, LLC. The
application for the construction permit
was received on March 28, 2024, and a
supplement to the application was
submitted on May 2, 2024.
DATES: May 28, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0078 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly available information
related to this action by any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0078. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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questions, contact the individual listed
in the 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. The ADAMS
accession number for each document
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in this document.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mallecia Sutton, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
0673, email: Mallecia.Sutton@nrc.gov.
I. Discussion
On March 28, 2024, TerraPower, LLC
(TerraPower), on behalf of US SFR
Owner, LLC., a wholly owned
subsidiary of TerraPower, filed an
application for a construction permit for
a single-unit power reactor facility
located in Lincoln County, Wyoming,
pursuant to section 103 of the Atomic
Energy Act, as amended, and part 50 of
title 10 of the Code of Federal
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ML23130A118.
ML24096B776.
ML24129A058.
ML23088A202.
ML073120350.
Regulations (10 CFR), ‘‘Domestic
Licensing of Production and Utilization
Facilities.’’ The single-unit facility is to
be identified as Kemmerer Power
Station, Unit 1 and would be based on
the TerraPower and General ElectricHitachi Natrium reactor design which is
a pool-type sodium fast reactor using
metal fuel.
The application submitted on March
28, 2024, is available in ADAMS under
Package Accession No. ML24088A059.
Along with other documents, the
ADAMS package includes the
transmittal letter (ADAMS Accession
No. ML24088A060), the preliminary
safety analysis report (ADAMS
Accession No. ML24088A065), and the
environmental report (ADAMS
Accession No. ML24088A072). The
application was supplemented on May
2, 2024 (ADAMS Accession No.
ML24123A242). The information
submitted by the applicant includes
certain administrative information
submitted pursuant to 10 CFR 50.33,
such as on financial qualifications;
technical information submitted
pursuant to 10 CFR 50.34; and the
environmental report submitted
pursuant to 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions.’’ These notices
are being provided in accordance with
the requirements in 10 CFR 50.43(a)(3).
The NRC staff is currently
undertaking its acceptance review of the
application. If the application is
accepted for docketing, a subsequent
Federal Register notice will be issued
that addresses the acceptability of the
construction permit application for
docketing and provisions for
participation of the public in the
permitting process.
Dated: May 13, 2024.
E:\FR\FM\28MYN1.SGM
28MYN1
]]>Agencies
[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46170-46173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11553]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-213 and 72-39; NRC-2024-0093]
Connecticut Yankee Atomic Power Company; Haddam Neck Plant;
Environmental Assessment and Finding of No Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an exemption in response to the April 24, 2023, request
from Connecticut Yankee Atomic Power Company (CYAPCO), for the Haddam
Neck Plant (HNP or Haddam Neck) located in East Hampton, Connecticut.
The proposed exemption from NRC regulations, if granted, would permit
CYAPCO to make withdrawals from a segregated account within Haddam
Neck'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
May 28, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0093 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-2024-0093. 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.
[[Page 46171]]
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 April 24, 2023, CYAPCO submitted a request to the
NRC for an exemption from paragraphs 50.82(a)(8)(i)(A) and 10 CFR
50.75(h)(2) of title 10 of the Code of Federal Regulations (10 CFR) for
the Haddam Neck Independent Spent Fuel Storage Installation \1\
(ISFSI).
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\1\ As discussed in this document, the Haddam Neck ISFSI sits on
the former site of HNP, which CYAPCO finished decommissioning in
2007. Although only the Haddam Neck ISFSI remains on the site,
CYAPCO's 10 CFR part 50 license, Facility Operating License No. DPR-
61 remains in effect. Because CYAPCO requested an exemption from the
requirements of 10 CFR part 50, this would be an exemption for
CYAPCO's 10 CFR part 50 license rather than for CYAPCO's 10 CFR part
72 general license. Therefore, although CYAPCO's submission
requested an exemption for the Haddam Neck ISFSI, the NRC staff will
consider it a request for an exemption for HNP.
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CYAPCO has established a separate (segregated) account within its
over-arching 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 CYAPCO 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, CYAPCO 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.
HNP began commercial operations in January 1968, and ceased power
production in December 1996. CYAPCO initiated decommissioning shortly
thereafter. In July 2007, HNP completed its final decommissioning of
the reactor site, except for the ISFSI, which included dismantling and
removing all reactor plant related facilities. As a result, only the
ISFSI remains at the old plant site of HNP in East Hampton,
Connecticut.
By letter dated November 26, 2007, NRC approved the release of most
portions of the HNP site from the 10 CFR part 50 license (DPR-61) for
unrestricted release, except for the ISFSI and immediately surrounding
areas. Under its 10 CFR part 72 general license, HNP is authorized to
possess, and store SNF 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 April 24, 2023, CYAPCO 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 CYAPCO 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,
CYAPCO would be able to annually transfer funds exceeding 110 percent
of the inflation-adjusted 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.
CYAPCO 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 apart 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 CYAPCO 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, CYAPCO stated that, its inflation-adjusted DCE for the
radiological decommissioning of the ISFSI is approximately $7.1 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, CYAPCO reported that the segregated
``ISFSI Radiological Decom'' account had $46.4 million in 2022 dollars
as of December 31, 2022. More specifically, in its exemption request,
CYAPCO provided a table showing $7,070,450, in 2022 dollars, as the
inflation-adjusted DCE. CYAPCO's exemption request further stated that
the segregated account has a balance of $47,609,309 as of December 31,
2022, meaning that the segregated account had a balance of $40,538,859,
or 573 percent beyond the inflation-adjusted DCE.
CYAPCO 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. CYAPCO would then use those funds for SNF and GTCC waste
management and non-radiological site restoration, which in turn, would
allow CYAPCO 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.
[[Page 46172]]
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 CYAPCO 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. CYAPCO 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 CYAPCO
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.
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 April 5, 2024, the NRC provided a copy of the draft
EA to the Connecticut Department of Energy and Environmental
Protection, Radiation Division, for review. By email dated May 6, 2024,
Connecticut Department of Energy and Environmental Protection,
Radiation Division, 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 HNP 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 CYAPCO 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
[[Page 46173]]
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.
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ADAMS accession
Document description No.
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Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) ML23130A118.
and 10 CFR 50.75(h)(2) for the Haddam Neck Plant
Independent Spent Fuel Storage Installation, dated
April 24, 2023......................................
Email to State of Connecticut providing draft ML24096B776.
environmental assessment related to Haddam Neck
exemption request, dated April 5, 2024..............
Email Response from State of Connecticut on draft EA/ ML24129A058.
FONSI, dated May 6, 2024............................
Haddam Neck Decommissioning Funding Assurance Status ML23088A202.
Report, dated March 6, 2023.........................
Haddam Neck Plant--Release of Land from Part 50 ML073120350.
License, November 26, 2007..........................
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Dated: May 21, 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. 2024-11553 Filed 5-24-24; 8:45 am]
BILLING CODE 7590-01-P
