Holtec Decommissioning International, LLC, and Holtec Palisades, LLC; Palisades Nuclear Plant; Notice of Intent To Conduct Scoping Process and Prepare an Environmental Assessment, 53659-53662 [2024-14112]
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Federal Register / Vol. 89, No. 124 / Thursday, June 27, 2024 / Notices
NASA, as the administering
agency of the Interagency Nuclear Safety
Review Board (INSRB) created by
National Security Presidential
Memorandum, invites all interested
parties to participate in a meeting in
which current INSRB members and
alternates will provide information
about the INSRB’s processes and
practices, as well as answer submitted
questions.
Dated: June 21, 2024.
Donald Helton,
NASA Nuclear Flight Safety Officer.
The meeting will take place in a
fully virtual format, using Microsoft
Teams, from 3 to 4 p.m. EST on August
29, 2024. Questions must be submitted
by August 15, 2024. The meeting will be
recorded and the video of the recording
will be posted publicly.
Holtec Decommissioning International,
LLC, and Holtec Palisades, LLC;
Palisades Nuclear Plant; Notice of
Intent To Conduct Scoping Process
and Prepare an Environmental
Assessment
SUMMARY:
DATES:
Requests to participate (i.e.,
to be sent the meeting link), as well as
submitting questions (if desired) should
be directed to donald.m.helton@
nasa.gov.
ADDRESSES:
For
other matters related to the meeting,
contact Donald Helton, 202–358–0311,
donald.m.helton@nasa.gov.
FOR FURTHER INFORMATION CONTACT:
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SUPPLEMENTARY INFORMATION:
I. Background: National Security
Presidential Memorandum No. 20
(NSPM–20) directed the NASA
Administrator to establish the INSRB to
replace the ad hoc Interagency Nuclear
Safety Review Panels used for prior
missions. The INSRB was first
empaneled in 2020, and per NSPM–20
consists of ‘‘representatives from the
Departments of State, Defense, Energy,
and Transportation, the Environmental
Protection Agency, NASA, and, as
appropriate, the Nuclear Regulatory
Commission.’’ Following its formation,
the INSRB issued a Charter, as well as
a guidance document known as the
INSRB Playbook. While the INSRB’s
scope is defined by NSPM–20, and
while its conduct of operations is
described in the INSRB Charter and the
INSRB Playbook, the INSRB has
continued to receive questions from the
community-at-large that suggest
misunderstandings. The INSRB is
hosting this virtual open house as a
diverse means of communicating to
interested parties about what the INSRB
is and is not charged to do, and how it
conducts its business.
II. Resources: The INSRB Charter and
INSRB Playbook are publicly available
at the following link: https://
sma.nasa.gov/sma-disciplines/nuclearflight-safety. This same web page
contains an INSRB brochure and an
INSRB presentation that will form the
basis for the remarks made during the
virtual open house.
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[FR Doc. 2024–14021 Filed 6–26–24; 8:45 am]
BILLING CODE 7510–13–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–255; NRC–2024–0076]
Nuclear Regulatory
Commission.
ACTION: Notice; public scoping meeting
and request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC), as the lead agency,
and the U.S. Department of Energy
(DOE), Loan Programs Office (LPO), as
a cooperating agency, will conduct a
scoping process to gather information to
prepare an environmental assessment
(EA) to evaluate the environmental
impacts from proposed Federal actions
related to reauthorizing power
operations at the Palisades Nuclear
Plant (PNP). Specifically, the NRC is
considering an exemption request, a
license transfer request, and license
amendment requests to support
reauthorizing operation under the NRC
license. DOE LPO’s proposed action is
to provide federal financial support (a
loan guarantee) to support power
operations at PNP. The NRC and DOE
LPO are seeking public comment on the
proposed actions and will hold a hybrid
public scoping meeting.
DATES: The NRC, as the lead Federal
agency, will hold a hybrid (virtual and
in-person) public scoping meeting on
July 11, 2024, at 6 p.m. eastern time
(ET), at the Mendel Center, Grand Upton
Hall, at Lake Michigan College, 1100
Yore Ave., Parking Lot 3, Benton
Harbor, MI, 49022, and will also hold an
open house from 5 to 6 p.m. ET. Details
on the hybrid public meeting can be
found on the NRC’s Public Meeting
Schedule website at https://
www.nrc.gov/pmns/mtg. Submit
comments on the scope of the EA by
July 29, 2024. Comments received after
this date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received on or before this
date.
ADDRESSES: You may submit comments
by any of the following methods;
SUMMARY:
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53659
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0076. 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.
• Email comments to:
PalisadesRestartEnvironmental@
nrc.gov.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Laura Willingham, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–0857; email:
Laura.Willingham@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2024–
0076 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–2024–0076.
• 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, or
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
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Federal Register / Vol. 89, No. 124 / Thursday, June 27, 2024 / Notices
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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. ET,
Monday through Friday, except Federal
holidays.
• Public Library: A copy of the
exemption request, license transfer
request, and license amendment
requests related to the potential
reauthorization of operation of PNP,
including Enclosure 2 of the exemption
request titled ‘‘Environmental New and
Significant Review Proposed
Resumption of Power Operations
Palisades Nuclear Plant,’’ is available for
public review at the following public
library locations: South Haven
Memorial Library, 314 Broadway Street,
South Haven, MI 49090 and St. Joseph/
Maud Preston Palenske Memorial
Library, 500 Market Street, St. Joseph,
MI 49085.
• NRC Public Project Website:
Information regarding the PNP,
including licensing, previous operation,
decommissioning, and the potential
reauthorization of operation is available
at https://www.nrc.gov/info-finder/
reactors/pali.html.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2024–0076 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
PNP consists of a single pressurizedwater reactor designed by Combustion
Engineering (with a turbine-generator
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designed by Westinghouse) and is
located in Covert Township, Michigan,
along the shoreline of Lake Michigan.
Originally licensed for operation on
March 24, 1971, the NRC issued a
renewed operating license for PNP on
January 17, 2007, with the renewed
operating license term expiring on
March 24, 2031.
After more than 40 years of
commercial operation, PNP
permanently ceased operations on May
20, 2022. On June 13, 2022, Entergy
Operations, Inc., the licensee who
operated the facility prior to transfer of
the PNP license to Holtec
Decommissioning International, LLC
(HDI) and Holtec Palisades, LLC,
submitted the certifications for
permanent cessation of operations and
permanent removal of fuel from the
reactor vessel in accordance with
paragraph 50.82(a)(1) of title 10 of the
Code of Federal Regulations (10 CFR).
When the NRC docketed the
certifications, the PNP Renewed Facility
Operating License (RFOL) No. DPR–20
no longer authorized operation of the
reactor, or emplacement or retention of
fuel into the reactor vessel, as provided
by 10 CFR 50.82(a)(2).
III. Discussion
To return PNP to power operations,
HDI has submitted (1) a request for an
exemption from the requirement in 10
CFR 50.82(a)(2) that prohibits operation
of the PNP reactor, or emplacement or
retention of fuel into the reactor vessel;
(2) a request for a license transfer from
HDI (currently responsible for
decommissioning activities at PNP) to
Palisades Energy, LLC (which would be
authorized to operate the reactor); and
(3) four license amendment requests.
These requests are listed in Section IV
of this notice. If granted, the requested
exemption, license transfer, and license
amendments would allow Palisades
Energy, LLC to place fuel into the PNP
reactor vessel and resume power
operations through March 24, 2031, the
end of the renewed operating license
term under the PNP RFOL No. DPR–20.
The scope of the NRC’s environmental
review encompasses the determinations
whether to grant or deny the exemption
request, license transfer request, and
four license amendment requests,
including any revisions or supplements
thereto or other regulatory or licensing
requests submitted to the NRC that are
necessary to reauthorize power
operations of PNP.
While HDI concluded that the
proposed NRC actions meet the
categorical exclusion (CATEX) criteria,
the NRC staff, after reviewing the
CATEX criteria in 10 CFR 51.22, the
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environmental impact statement (EIS)
criteria in 10 CFR 51.20, the EA criteria
in 10 CFR 51.21, and the Office of
Nuclear Reactor Regulation (NRR) Office
Instruction LIC–203, Revision 4,
‘‘Procedural Guidance for Preparing
Categorical Exclusions, Environmental
Assessments, and Considering
Environmental Issues,’’ has determined
to prepare an EA instead of invoking the
categorical exclusions. This
determination is based largely on
concluding that the submittals (1) are
either not covered by the criteria for a
CATEX or, in the case of the license
transfer request, do not fall within the
factual basis underlying the
corresponding CATEX; (2) are
connected (i.e., interdependent) actions
that should be considered together as
part of the National Environmental
Policy Act (NEPA) review; and (3) are
not specifically covered by the criteria
for preparing an EIS because the NRC
does not yet know the significance of
potential impacts from the proposed
actions.
To inform its environmental review,
the NRC staff is considering a number
of sources, including the previous NRC
environmental review for PNP license
renewal that is documented in the
October 2006 ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Plants, Supplement 27,
Regarding Palisades Nuclear Plant—
Final Report’’ (hereafter ‘‘License
Renewal EIS Supplement’’). The License
Renewal EIS Supplement addresses the
environmental impacts of continued
operation during the license renewal
period, which is the same operating
period applicable to HDI’s requests for
reauthorization of power operations.
The NRC staff is also considering the
environmental information that HDI
submitted in Enclosure 2,
‘‘Environmental New and Significant
Review Proposed Resumption of Power
Operations Palisades Nuclear Plant,’’ of
the September 28, 2023, exemption
request. As stated in the exemption
request, Enclosure 2 documents HDI’s
‘‘environmental review of potentially
new and significant information, and
environmental issues not addressed in
the’’ License Renewal EIS Supplement.
Once the NRC completes the draft EA,
it will publish the draft EA and
corresponding draft finding of no
significant impact (FONSI), provided a
determination of no significant impacts
is reached, in a future Federal Register
notice for governmental agency and
public review and comment. Persons
submitting comments during this
scoping process will also receive a copy
of the draft EA and draft FONSI once
completed. Others who would like to
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Federal Register / Vol. 89, No. 124 / Thursday, June 27, 2024 / Notices
receive a copy when it is issued in the
Federal Register for comment should
notify the NRC per the ‘‘For Further
Information Contact’’ section or monitor
the Federal Register website.
NEPA Lead and Cooperating Agency
Roles
The NRC is the lead Federal agency
for the NEPA of 1969, as amended (42
U.S.C. 4321, et seq.), process for the
proposed action. The NRC may invite
any Federal, State, Tribal, or local
agency that has jurisdiction by law or
special expertise with respect to any
environmental impact involved in a
proposal to become cooperating
agencies in the preparation of the EA for
the proposed action. As such, the DOE
LPO is a cooperating agency in the
preparation of the EA. The DOE LPO
proposed action is to provide federal
financial support (a loan guarantee) to
HDI for the reauthorization of power
operations at PNP, specifically the fuel
loading and power restart activities.
The Energy Infrastructure
Reinvestment, Section 1706 Program,
authorizes the Secretary of Energy to
issue loan guarantees for projects that:
(1) retool, repower, repurpose, or
replace Energy Infrastructure (facilities
used for electric generation or
transmission, or facilities used for fossil
fuel-related production, processing, and
delivery) that has ceased operations; or
(2) enable operating Energy
Infrastructure to avoid, reduce, utilize,
or sequester air pollutants or emissions
of greenhouse gases. The DOE LPO will
utilize the EA to inform its decision
regarding its proposed action for the
potential reauthorization of PNP,
specifically the fuel loading and power
restart activities. Based on the review,
the DOE LPO would issue a Record of
Decision documenting its decision
regarding the proposed loan guarantee
no sooner than 30 days after the
publication of the final EA.
Anticipated Permits, Authorizations,
and Consultations
Federal permits, authorizations, or
consultations may be needed for the
proposed actions, including
consultation or review under the
Endangered Species Act, 16 U.S.C. 1531
et seq.; National Historic Preservation
Act (NHPA), 54 U.S.C. 300101 et seq.;
and Executive Order 13175
(Consultation and Coordination With
Indian Tribal Governments); 1
consistency review under the Coastal
Zone Management Act, 16 U.S.C. 1451
et seq.; and possibly reviews under
other laws and regulations determined
to be applicable to the proposed action.
To the fullest extent possible, the NRC
will prepare a draft EA concurrently and
integrate analyses required by other
Federal environmental review
requirements. The draft EA will list all
Federal permits, licenses, and other
authorizations that must be obtained in
implementing the proposed action.
Specific to NHPA, the regulations in
36 CFR 800.8, ‘‘Coordination with the
National Environmental Policy Act,’’
allow agencies to use the NEPA process
to fulfill the requirements of Section 106
of the NHPA. Therefore, pursuant to 36
CFR 800.8(c), the NRC intends to use its
NEPA process and documentation
required for the preparation of the draft
EA on the proposed action to comply
with Section 106 of the NHPA in lieu of
the procedures set forth at 36 CFR 800.3
through 800.6.
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons in ADAMS, through
the ADAMS Accession No.
ADAMS
accession No.
Document description
Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel, dated
June 13, 2022 ............................................................................................................................................................................
Request for Exemption from Certain Termination of License Requirements of 10 CFR 50.82, dated September 28, 2023 ......
Application for Order Consenting to Transfer of Control of License and Approving Conforming License Amendments, dated
December 6, 2023 .....................................................................................................................................................................
License Amendment Request to Revise Renewed Facility Operating License and Permanently Defueled Technical Specifications to Support Resumption of Power Operations, dated December 14, 2023 .................................................................
License Amendment Request to Revise Selected Permanently Defueled Technical Specifications Administrative Controls to
Support Resumption of Power Operations, dated February 9, 2024 ........................................................................................
License Amendment Request to Revise the Palisades Nuclear Plant Site Emergency Plan to Support Resumption of Power
Operations, dated May 1, 2024 .................................................................................................................................................
License Amendment Request to Approve the Biasi Critical Heat Flux (CHF) Correlation for Use with the Palisades Main
Steam Line Break (MSLB) Analysis, dated May 24, 2024 ........................................................................................................
Procedural Guidance for Categorical Exclusions, Environmental Assessments, and Considering Environmental Issues, dated
July 7, 2020 ................................................................................................................................................................................
Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Palisades Nuclear Plant—Final
Report (NUREG–1437, Supplement 27), dated October 2006 .................................................................................................
Letter to Peter Orszag, Director, OMB, from Gregory B. Jaczko, Chairman, NRC, re: Tribal Consultation, dated March 10,
2010 ...........................................................................................................................................................................................
This notice informs the public of the
NRC’s intention to conduct
environmental scoping and prepare a
draft EA and draft FONSI, provided a
determination of no significant impacts
is reached, related to the exemption
request, license transfer request, and
license amendment requests for PNP’s
potential reauthorization of power
operation and provides the public an
opportunity to participate in the
environmental scoping process. While
the NRC is not required by the
regulations in 10 CFR part 51 to publish
a notice of intent or conduct scoping
when it has decided to prepare an EA
for a requested licensing action, in this
instance the NRC considered the unique
nature of the requests and the
demonstrated high public interest in the
1 The NRC’s conformance with Executive Order
13175 is addressed in a March 10, 2010, letter from
the NRC to the Office of Management and Budget
(OMB).
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V. Request for Comment
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requested actions and determined that
publication of a notice and conducting
scoping was merited and in
synchronization with NRC’s strategic
plan and principles of good regulation.
The NRC considers stakeholder
engagement and transparency in its
activities to be cornerstones for effective
regulation. To that end, the NRC’s
strategic plan highlights conducting
business in a transparent, open, and
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Federal Register / Vol. 89, No. 124 / Thursday, June 27, 2024 / Notices
independent manner that builds
stakeholder confidence and fosters
engagement such as those provided
through public meetings.
The NRC intends to gather the
information necessary to prepare an EA
related to the exemption, license
transfer, and license amendment request
submittals for PNP’s potential
reauthorization of power operations.
The NRC is publishing this notice and
conducting scoping as a matter of
discretion; this notice and the
associated scoping process are not
subject to the requirements of 10 CFR
part 51.
The EA will evaluate the
environmental impacts of the
exemption, license transfer, and license
amendment requests for PNP’s potential
reauthorization to power operation, and
reasonable alternatives thereto. Possible
alternatives to the proposed action
include the no-action alternative.
As part of its environmental review,
the NRC will first conduct a scoping
process for the EA and, as soon as
practicable thereafter, will prepare a
draft EA and draft FONSI, provided a
determination of no significant impacts
is reached, for public comment.
Participation in this scoping process by
members of the public and local, State,
Tribal, and Federal government agencies
is encouraged. The scoping process for
the EA and FONSI will be used to
accomplish the following:
a. Define the proposed action that is
to be the subject of the EA;
b. Determine the scope of the EA and
identify the significant issues to be
analyzed in depth;
c. Identify and eliminate from
detailed study those issues that are
peripheral or are not significant or that
have been covered by prior
environmental review;
d. Identify any other EAs and EISs
that are being or will be prepared that
are related to, but are not part of, the
scope of the EA under consideration;
e. Identify other environmental
review and consultation requirements
related to the proposed action;
f. Identify parties consulting with the
NRC under the NHPA, as set forth in 36
CFR 800.8(c)(1)(i);
g. Identify any cooperating agencies
and, as appropriate, allocate
assignments for preparation and
schedules for completing the EA and
FONSI to the NRC and any cooperating
agencies; and
h. Describe how the EA will be
prepared, including any contractor
assistance to be used.
The NRC invites the following entities
to participate in scoping:
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a. The applicants, HDI, Holtec
Palisades, LLC, and Palisades Energy,
LLC;
b. Any Federal agency that has
jurisdiction by law or special expertise
with respect to any environmental
impact involved or that is authorized to
develop and enforce relevant
environmental standards;
c. Affected State and local
government agencies, including those
authorized to develop and enforce
relevant environmental standards;
d. Any affected Native American
Indian Tribe;
e. Any person who requests or has
requested an opportunity to participate
in the scoping process; and
f. Any person who has petitioned or
intends to petition for leave to intervene
under 10 CFR 2.309.
IV. Public Scoping Meeting
The NRC is announcing that it will
hold a hybrid public scoping meeting
for the PNP exemption request, license
transfer, and license amendment request
submittals. The hybrid public scoping
meeting will be held on July 11, 2024,
at the Mendel Center, Grand Upton Hall,
at Lake Michigan College, 1100 Yore
Ave, Parking Lot 3, Benton Harbor, MI
49022. A court reporter will transcribe
all comments received during the public
scoping meetings. To be considered,
comments must be provided either at a
transcribed public meeting or in writing,
as discussed in the ADDRESSES section of
this notice. Persons interested in
attending the hybrid meeting should
monitor the NRC’s Public Meeting
Schedule website at https://
www.nrc.gov/pmns/mtg for additional
information and agenda for the meeting.
Please contact Laura Willingham, at
Laura.Willingham@nrc.gov no later than
July 3, 2024, if accommodations or
special equipment is needed to attend or
to provide comments, so that the NRC
can determine whether the request can
be accommodated.
The public scoping meeting will
include: (1) an overview by the NRC and
the DOE of the environmental review
processes, the proposed scope of HDI’s
licensing requests, and the proposed
environmental review schedule; and (2)
the opportunity for interested
government agencies, organizations, and
individuals to submit comments or
suggestions on environmental issues or
the proposed scope of the EA.
Participation in the scoping process
for the EA related to HDI’s exemption,
license transfer, and licensing
amendment requests for the potential
reauthorization to power operations
does not entitle participants to become
parties to the proceeding to which the
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EA relates. Matters related to
participation in any hearing are outside
the scope of matters to be discussed at
this public meeting.
Dated: June 24, 2024.
For the Nuclear Regulatory Commission.
Daniel Barnhurst,
Chief, Environmental Project Management
Branch 3, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Material Safety, and Safeguards.
[FR Doc. 2024–14112 Filed 6–26–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2023–0201]
Information Collection: Requirements
for Renewal of Operating Licenses for
Nuclear Power Plants
Nuclear Regulatory
Commission.
ACTION: Renewal of existing information
collection; request for comment.
AGENCY:
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, ‘‘Requirements for Renewal
of Operating Licenses for Nuclear Power
Plants.’’
DATES: Submit comments by August 26,
2024. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2023–0201. 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.
• Mail comments to: David Cullison,
Office of the Chief Information Officer,
Mail Stop: T–6 A10M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53659-53662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14112]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255; NRC-2024-0076]
Holtec Decommissioning International, LLC, and Holtec Palisades,
LLC; Palisades Nuclear Plant; Notice of Intent To Conduct Scoping
Process and Prepare an Environmental Assessment
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; public scoping meeting and request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC), as the lead
agency, and the U.S. Department of Energy (DOE), Loan Programs Office
(LPO), as a cooperating agency, will conduct a scoping process to
gather information to prepare an environmental assessment (EA) to
evaluate the environmental impacts from proposed Federal actions
related to reauthorizing power operations at the Palisades Nuclear
Plant (PNP). Specifically, the NRC is considering an exemption request,
a license transfer request, and license amendment requests to support
reauthorizing operation under the NRC license. DOE LPO's proposed
action is to provide federal financial support (a loan guarantee) to
support power operations at PNP. The NRC and DOE LPO are seeking public
comment on the proposed actions and will hold a hybrid public scoping
meeting.
DATES: The NRC, as the lead Federal agency, will hold a hybrid (virtual
and in-person) public scoping meeting on July 11, 2024, at 6 p.m.
eastern time (ET), at the Mendel Center, Grand Upton Hall, at Lake
Michigan College, 1100 Yore Ave., Parking Lot 3, Benton Harbor, MI,
49022, and will also hold an open house from 5 to 6 p.m. ET. Details on
the hybrid public meeting can be found on the NRC's Public Meeting
Schedule website at https://www.nrc.gov/pmns/mtg. Submit comments on
the scope of the EA by July 29, 2024. Comments received after this date
will be considered if it is practical to do so, but the NRC is able to
ensure consideration only for comments received on or before this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0076. 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.
Email comments to: [email protected].
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Laura Willingham, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-0857; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0076 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-2024-0076.
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, or 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
[[Page 53660]]
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. ET, Monday through Friday, except Federal holidays.
Public Library: A copy of the exemption request, license
transfer request, and license amendment requests related to the
potential reauthorization of operation of PNP, including Enclosure 2 of
the exemption request titled ``Environmental New and Significant Review
Proposed Resumption of Power Operations Palisades Nuclear Plant,'' is
available for public review at the following public library locations:
South Haven Memorial Library, 314 Broadway Street, South Haven, MI
49090 and St. Joseph/Maud Preston Palenske Memorial Library, 500 Market
Street, St. Joseph, MI 49085.
NRC Public Project Website: Information regarding the PNP,
including licensing, previous operation, decommissioning, and the
potential reauthorization of operation is available at https://www.nrc.gov/info-finder/reactors/pali.html.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2024-0076 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Background
PNP consists of a single pressurized-water reactor designed by
Combustion Engineering (with a turbine-generator designed by
Westinghouse) and is located in Covert Township, Michigan, along the
shoreline of Lake Michigan. Originally licensed for operation on March
24, 1971, the NRC issued a renewed operating license for PNP on January
17, 2007, with the renewed operating license term expiring on March 24,
2031.
After more than 40 years of commercial operation, PNP permanently
ceased operations on May 20, 2022. On June 13, 2022, Entergy
Operations, Inc., the licensee who operated the facility prior to
transfer of the PNP license to Holtec Decommissioning International,
LLC (HDI) and Holtec Palisades, LLC, submitted the certifications for
permanent cessation of operations and permanent removal of fuel from
the reactor vessel in accordance with paragraph 50.82(a)(1) of title 10
of the Code of Federal Regulations (10 CFR). When the NRC docketed the
certifications, the PNP Renewed Facility Operating License (RFOL) No.
DPR-20 no longer authorized operation of the reactor, or emplacement or
retention of fuel into the reactor vessel, as provided by 10 CFR
50.82(a)(2).
III. Discussion
To return PNP to power operations, HDI has submitted (1) a request
for an exemption from the requirement in 10 CFR 50.82(a)(2) that
prohibits operation of the PNP reactor, or emplacement or retention of
fuel into the reactor vessel; (2) a request for a license transfer from
HDI (currently responsible for decommissioning activities at PNP) to
Palisades Energy, LLC (which would be authorized to operate the
reactor); and (3) four license amendment requests. These requests are
listed in Section IV of this notice. If granted, the requested
exemption, license transfer, and license amendments would allow
Palisades Energy, LLC to place fuel into the PNP reactor vessel and
resume power operations through March 24, 2031, the end of the renewed
operating license term under the PNP RFOL No. DPR-20. The scope of the
NRC's environmental review encompasses the determinations whether to
grant or deny the exemption request, license transfer request, and four
license amendment requests, including any revisions or supplements
thereto or other regulatory or licensing requests submitted to the NRC
that are necessary to reauthorize power operations of PNP.
While HDI concluded that the proposed NRC actions meet the
categorical exclusion (CATEX) criteria, the NRC staff, after reviewing
the CATEX criteria in 10 CFR 51.22, the environmental impact statement
(EIS) criteria in 10 CFR 51.20, the EA criteria in 10 CFR 51.21, and
the Office of Nuclear Reactor Regulation (NRR) Office Instruction LIC-
203, Revision 4, ``Procedural Guidance for Preparing Categorical
Exclusions, Environmental Assessments, and Considering Environmental
Issues,'' has determined to prepare an EA instead of invoking the
categorical exclusions. This determination is based largely on
concluding that the submittals (1) are either not covered by the
criteria for a CATEX or, in the case of the license transfer request,
do not fall within the factual basis underlying the corresponding
CATEX; (2) are connected (i.e., interdependent) actions that should be
considered together as part of the National Environmental Policy Act
(NEPA) review; and (3) are not specifically covered by the criteria for
preparing an EIS because the NRC does not yet know the significance of
potential impacts from the proposed actions.
To inform its environmental review, the NRC staff is considering a
number of sources, including the previous NRC environmental review for
PNP license renewal that is documented in the October 2006 ``Generic
Environmental Impact Statement for License Renewal of Nuclear Plants,
Supplement 27, Regarding Palisades Nuclear Plant--Final Report''
(hereafter ``License Renewal EIS Supplement''). The License Renewal EIS
Supplement addresses the environmental impacts of continued operation
during the license renewal period, which is the same operating period
applicable to HDI's requests for reauthorization of power operations.
The NRC staff is also considering the environmental information that
HDI submitted in Enclosure 2, ``Environmental New and Significant
Review Proposed Resumption of Power Operations Palisades Nuclear
Plant,'' of the September 28, 2023, exemption request. As stated in the
exemption request, Enclosure 2 documents HDI's ``environmental review
of potentially new and significant information, and environmental
issues not addressed in the'' License Renewal EIS Supplement.
Once the NRC completes the draft EA, it will publish the draft EA
and corresponding draft finding of no significant impact (FONSI),
provided a determination of no significant impacts is reached, in a
future Federal Register notice for governmental agency and public
review and comment. Persons submitting comments during this scoping
process will also receive a copy of the draft EA and draft FONSI once
completed. Others who would like to
[[Page 53661]]
receive a copy when it is issued in the Federal Register for comment
should notify the NRC per the ``For Further Information Contact''
section or monitor the Federal Register website.
NEPA Lead and Cooperating Agency Roles
The NRC is the lead Federal agency for the NEPA of 1969, as amended
(42 U.S.C. 4321, et seq.), process for the proposed action. The NRC may
invite any Federal, State, Tribal, or local agency that has
jurisdiction by law or special expertise with respect to any
environmental impact involved in a proposal to become cooperating
agencies in the preparation of the EA for the proposed action. As such,
the DOE LPO is a cooperating agency in the preparation of the EA. The
DOE LPO proposed action is to provide federal financial support (a loan
guarantee) to HDI for the reauthorization of power operations at PNP,
specifically the fuel loading and power restart activities.
The Energy Infrastructure Reinvestment, Section 1706 Program,
authorizes the Secretary of Energy to issue loan guarantees for
projects that: (1) retool, repower, repurpose, or replace Energy
Infrastructure (facilities used for electric generation or
transmission, or facilities used for fossil fuel-related production,
processing, and delivery) that has ceased operations; or (2) enable
operating Energy Infrastructure to avoid, reduce, utilize, or sequester
air pollutants or emissions of greenhouse gases. The DOE LPO will
utilize the EA to inform its decision regarding its proposed action for
the potential reauthorization of PNP, specifically the fuel loading and
power restart activities. Based on the review, the DOE LPO would issue
a Record of Decision documenting its decision regarding the proposed
loan guarantee no sooner than 30 days after the publication of the
final EA.
Anticipated Permits, Authorizations, and Consultations
Federal permits, authorizations, or consultations may be needed for
the proposed actions, including consultation or review under the
Endangered Species Act, 16 U.S.C. 1531 et seq.; National Historic
Preservation Act (NHPA), 54 U.S.C. 300101 et seq.; and Executive Order
13175 (Consultation and Coordination With Indian Tribal Governments);
\1\ consistency review under the Coastal Zone Management Act, 16 U.S.C.
1451 et seq.; and possibly reviews under other laws and regulations
determined to be applicable to the proposed action. To the fullest
extent possible, the NRC will prepare a draft EA concurrently and
integrate analyses required by other Federal environmental review
requirements. The draft EA will list all Federal permits, licenses, and
other authorizations that must be obtained in implementing the proposed
action.
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\1\ The NRC's conformance with Executive Order 13175 is
addressed in a March 10, 2010, letter from the NRC to the Office of
Management and Budget (OMB).
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Specific to NHPA, the regulations in 36 CFR 800.8, ``Coordination
with the National Environmental Policy Act,'' allow agencies to use the
NEPA process to fulfill the requirements of Section 106 of the NHPA.
Therefore, pursuant to 36 CFR 800.8(c), the NRC intends to use its NEPA
process and documentation required for the preparation of the draft EA
on the proposed action to comply with Section 106 of the NHPA in lieu
of the procedures set forth at 36 CFR 800.3 through 800.6.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons in ADAMS, through the ADAMS Accession No.
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ADAMS accession
Document description No.
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Certifications of Permanent Cessation of Power ML22164A067
Operations and Permanent Removal of Fuel from the
Reactor Vessel, dated June 13, 2022.................
Request for Exemption from Certain Termination of ML23271A140
License Requirements of 10 CFR 50.82, dated
September 28, 2023..................................
Application for Order Consenting to Transfer of ML23340A161
Control of License and Approving Conforming License
Amendments, dated December 6, 2023..................
License Amendment Request to Revise Renewed Facility ML23348A148
Operating License and Permanently Defueled Technical
Specifications to Support Resumption of Power
Operations, dated December 14, 2023.................
License Amendment Request to Revise Selected ML24040A089
Permanently Defueled Technical Specifications
Administrative Controls to Support Resumption of
Power Operations, dated February 9, 2024............
License Amendment Request to Revise the Palisades ML24122C666
Nuclear Plant Site Emergency Plan to Support
Resumption of Power Operations, dated May 1, 2024...
License Amendment Request to Approve the Biasi ML24145A145
Critical Heat Flux (CHF) Correlation for Use with
the Palisades Main Steam Line Break (MSLB) Analysis,
dated May 24, 2024..................................
Procedural Guidance for Categorical Exclusions, ML20016A379
Environmental Assessments, and Considering
Environmental Issues, dated July 7, 2020............
Generic Environmental Impact Statement for License ML062710300
Renewal of Nuclear Plants Regarding Palisades
Nuclear Plant--Final Report (NUREG-1437, Supplement
27), dated October 2006.............................
Letter to Peter Orszag, Director, OMB, from Gregory ML093620067
B. Jaczko, Chairman, NRC, re: Tribal Consultation,
dated March 10, 2010................................
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V. Request for Comment
This notice informs the public of the NRC's intention to conduct
environmental scoping and prepare a draft EA and draft FONSI, provided
a determination of no significant impacts is reached, related to the
exemption request, license transfer request, and license amendment
requests for PNP's potential reauthorization of power operation and
provides the public an opportunity to participate in the environmental
scoping process. While the NRC is not required by the regulations in 10
CFR part 51 to publish a notice of intent or conduct scoping when it
has decided to prepare an EA for a requested licensing action, in this
instance the NRC considered the unique nature of the requests and the
demonstrated high public interest in the requested actions and
determined that publication of a notice and conducting scoping was
merited and in synchronization with NRC's strategic plan and principles
of good regulation. The NRC considers stakeholder engagement and
transparency in its activities to be cornerstones for effective
regulation. To that end, the NRC's strategic plan highlights conducting
business in a transparent, open, and
[[Page 53662]]
independent manner that builds stakeholder confidence and fosters
engagement such as those provided through public meetings.
The NRC intends to gather the information necessary to prepare an
EA related to the exemption, license transfer, and license amendment
request submittals for PNP's potential reauthorization of power
operations. The NRC is publishing this notice and conducting scoping as
a matter of discretion; this notice and the associated scoping process
are not subject to the requirements of 10 CFR part 51.
The EA will evaluate the environmental impacts of the exemption,
license transfer, and license amendment requests for PNP's potential
reauthorization to power operation, and reasonable alternatives
thereto. Possible alternatives to the proposed action include the no-
action alternative.
As part of its environmental review, the NRC will first conduct a
scoping process for the EA and, as soon as practicable thereafter, will
prepare a draft EA and draft FONSI, provided a determination of no
significant impacts is reached, for public comment. Participation in
this scoping process by members of the public and local, State, Tribal,
and Federal government agencies is encouraged. The scoping process for
the EA and FONSI will be used to accomplish the following:
a. Define the proposed action that is to be the subject of the EA;
b. Determine the scope of the EA and identify the significant
issues to be analyzed in depth;
c. Identify and eliminate from detailed study those issues that are
peripheral or are not significant or that have been covered by prior
environmental review;
d. Identify any other EAs and EISs that are being or will be
prepared that are related to, but are not part of, the scope of the EA
under consideration;
e. Identify other environmental review and consultation
requirements related to the proposed action;
f. Identify parties consulting with the NRC under the NHPA, as set
forth in 36 CFR 800.8(c)(1)(i);
g. Identify any cooperating agencies and, as appropriate, allocate
assignments for preparation and schedules for completing the EA and
FONSI to the NRC and any cooperating agencies; and
h. Describe how the EA will be prepared, including any contractor
assistance to be used.
The NRC invites the following entities to participate in scoping:
a. The applicants, HDI, Holtec Palisades, LLC, and Palisades
Energy, LLC;
b. Any Federal agency that has jurisdiction by law or special
expertise with respect to any environmental impact involved or that is
authorized to develop and enforce relevant environmental standards;
c. Affected State and local government agencies, including those
authorized to develop and enforce relevant environmental standards;
d. Any affected Native American Indian Tribe;
e. Any person who requests or has requested an opportunity to
participate in the scoping process; and
f. Any person who has petitioned or intends to petition for leave
to intervene under 10 CFR 2.309.
IV. Public Scoping Meeting
The NRC is announcing that it will hold a hybrid public scoping
meeting for the PNP exemption request, license transfer, and license
amendment request submittals. The hybrid public scoping meeting will be
held on July 11, 2024, at the Mendel Center, Grand Upton Hall, at Lake
Michigan College, 1100 Yore Ave, Parking Lot 3, Benton Harbor, MI
49022. A court reporter will transcribe all comments received during
the public scoping meetings. To be considered, comments must be
provided either at a transcribed public meeting or in writing, as
discussed in the ADDRESSES section of this notice. Persons interested
in attending the hybrid meeting should monitor the NRC's Public Meeting
Schedule website at https://www.nrc.gov/pmns/mtg for additional
information and agenda for the meeting. Please contact Laura
Willingham, at [email protected] no later than July 3, 2024, if
accommodations or special equipment is needed to attend or to provide
comments, so that the NRC can determine whether the request can be
accommodated.
The public scoping meeting will include: (1) an overview by the NRC
and the DOE of the environmental review processes, the proposed scope
of HDI's licensing requests, and the proposed environmental review
schedule; and (2) the opportunity for interested government agencies,
organizations, and individuals to submit comments or suggestions on
environmental issues or the proposed scope of the EA.
Participation in the scoping process for the EA related to HDI's
exemption, license transfer, and licensing amendment requests for the
potential reauthorization to power operations does not entitle
participants to become parties to the proceeding to which the EA
relates. Matters related to participation in any hearing are outside
the scope of matters to be discussed at this public meeting.
Dated: June 24, 2024.
For the Nuclear Regulatory Commission.
Daniel Barnhurst,
Chief, Environmental Project Management Branch 3, Division of
Rulemaking, Environmental, and Financial Support, Office of Nuclear
Material Safety, and Safeguards.
[FR Doc. 2024-14112 Filed 6-26-24; 8:45 am]
BILLING CODE 7590-01-P
