Record of Decision: Issuance of a Loan Guarantee to Holtec Palisades, LLC for General Restoration and Maintenance Activities of the Palisades Nuclear Plant, 63424-63426 [2024-17218]
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Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices
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[FR Doc. 2024–17178 Filed 8–2–24; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF ENERGY
Record of Decision: Issuance of a
Loan Guarantee to Holtec Palisades,
LLC for General Restoration and
Maintenance Activities of the Palisades
Nuclear Plant
Loan Programs Office (LPO),
U.S. Department of Energy.
ACTION: Record of decision (ROD).
AGENCY:
The U.S. Department of
Energy (DOE) announces its decision to
issue a loan guarantee under the Energy
Policy Act of 2005 (EPAct 2005), as
amended, specifically the Energy
Infrastructure Reinvestment Program, to
Holtec Palisades, LLC., (Holtec) for
general restoration and maintenance
activities (Project), consistent with the
Nuclear Regulatory Commission (NRC)
Renewed Facility Operating License
Number DPR–20. The general
SUMMARY:
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restoration and maintenance activities
would support the potential future
resumption of power generation
activities at the Palisades Nuclear Plant
(Palisades or PNP), an 800–MW electric
nuclear generation station in Covert
Township, Michigan. Holtec has
initiated an exemption request, a license
transfer request, and license amendment
requests with NRC, that, if approved,
would allow the resumption of power
generation and operation until 2031,
and Holtec intends to submit a
subsequent license extension request to
the NRC to allow power generation from
2031 to 2051.
ADDRESSES: Copies of this ROD and the
Final EIS may be obtained by accessing
these documents and additional
information about DOE’s Loan Programs
website at https://www.energy.gov/lpo/
eis-0562-palisades-nuclear-restartproject-van-buren-county-michigan, or
LPO’s NEPA Program website at https://
www.energy.gov/lpo/environmentalcompliance-1.
FOR FURTHER INFORMATION CONTACT:
Alicia Williamson, NEPA Document
Manager, Technical and Environmental
Division, Loan Programs Office (LP–30),
U.S. Department of Energy, 1000
Independence Ave. SW, Washington,
DC 20585, telephone (202) 586–7272;
email Alicia.Williamson@hq.doe.gov.
SUPPLEMENTARY INFORMATION: The
environmental impacts of general
restoration and maintenance activities at
PNP were analyzed pursuant to the
National Environmental Policy Act
(NEPA) in the DOE/EIS–0562: Final
Environmental Impact Statement,
Proposed Palisades Nuclear Restart
Project, Van Buren County, Michigan
(89 FR 53659, June 27, 2024).
The Project would entail general
restoration and maintenance activities at
PNP, consistent with the NRC Renewed
Facility Operating License Number
DPR–20. DOE LPO’s review and
adoption of the NRC NEPA documents
covers only general restoration and
maintenance activities, and the
potential use of a DOE loan guarantee
for PNP refueling, power ascension, and
power generation would not occur until
the completion of the NRC NEPA
evaluation analyzing the same.
NEPA Review: Prior to DOE LPO
consideration of a loan guarantee for the
Project, PNP ceased operations, the
nuclear fuel was removed, and PNP
entered decommissioning mode in May
2022. The nuclear fuel was placed in the
established onsite spent fuel pool, but
no structural dismantling of PNP has
occurred, and the equipment is still in
place and intact. Palisades was acquired
by Holtec in June 2022, who now
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Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices
intends to restore PNP and resume
power generation activities. Holtec has
initiated an exemption request, a license
transfer request, and license amendment
requests processes with the NRC, that if
approved, would allow the reactor to be
re-fueled and the resumption of power
generation and operation until 2031. In
addition, Holtec intends to submit a
Subsequent License Renewal (SLR)
application to NRC, that if granted,
would allow power generation until at
least 2051.
Holtec is pursuing a reauthorization
of power operations at PNP within the
existing NRC regulatory framework,
which would allow the reactor to be
refueled and resume power generation
operations through March 2031. In
2007, the NRC granted Palisades a 20year Renewed Facility Operating
License (No. DPR–20), which extended
the period of PNP operations until
March 2031. The NRC completed a
safety analysis review and in
compliance with NEPA, issued NUREG–
1437, Supplement 27, Generic
Environmental Impact Statement for
License Renewal of Nuclear Plants,
Regarding Palisades Nuclear Plant, Draft
Report (SEIS) in February 2006 (71 FR
9541), followed by the Final SEIS in
October 2006 (71 FR 61967). The SEIS
analyzed the environmental impacts of
PNP operations from March 2011
through March 2031. The NRC’s Record
of Decision (ROD) (72 FR 3168) and
reactor facility operating license
approval for the 20- year extended
operations period was issued in January
2007.
DOE was not a cooperating agency in
the development of the NRC SEIS. DOE
LPO conducted a review of the NRC
environmental documents related to the
licensing of PNP, in accordance with 10
CFR 1021.200(d). DOE’s proposed
action of issuing a loan guarantee to
support the general restoration and
maintenance activities was analyzed in
the NRC SEIS. Based on its independent
evaluation of the NRC’s 2006 SEIS, DOE
has determined that the documentation
satisfies DOE NEPA procedures for the
general restoration and maintenance
activities of PNP. Accordingly, DOE
adopted and recirculated the 2006 NRC
Final SEIS as a DOE Final EIS (DOE/
EIS–0562). Activities associated with
PNP refueling and repowering are not
yet ripe and are the subject of an NRC
environmental review, with DOE as a
cooperating agency. Consequently, the
potential use of a DOE loan guarantee
for PNP refueling, repowering, and
power generation would not occur until
the completion of the NRC NEPA
evaluation analyzing the potential
environmental impacts of refueling and
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repowering, and the associated NRC
approvals of Holtec’s exemption request
from 10 CFR 50.82(a)(2), license transfer
request, and license amendment
requests.
DOE is a NEPA cooperating agency
with the NRC on its environmental
review for the exemption request, a
license transfer request, and license
amendment requests and will cooperate
with the NRC on the subsequent license
renewal process, thereby tiering its
environmental review process to focus
on the issues that are ripe for decision
and inform future decisions regarding
additional Federal financial assistance.
At the conclusion of each NRC
environmental review and approval
processes, DOE would publish a Record
of Decision in support of any future
Federal financial assistance associated
with resumption of power generation
and operation extending beyond 2031.
Alternatives Considered: DOE’s
decision in this ROD is whether or not
to issue a loan guarantee to Holtec for
general restoration and maintenance
activities in support of repowering PNP.
Accordingly, DOE’s alternatives are: (1)
to issue a loan guarantee to Holtec for
the Proposed Action, or (2) not issue a
loan guarantee to Holtec (No-Action
Alternative).
Environmental Preferable Alternative:
DOE reviewed both alternatives to
identify the environmentally preferable
alternative and considers the issuance of
a loan guarantee to Holtec for the
Proposed Action as the environmentally
preferable alternative. This alternative
offers environmental benefits consistent
with the statutory objectives of Section
1706 of EPAct 2005, as amended,
specifically the Energy Infrastructure
Reinvestment Program, which includes
repowering of energy infrastructure that
has ceased operations and reduces
greenhouse gas emissions. Compared to
fossil-fuel power sources producing the
same amount of power, carbon dioxide
emission rates from the Project would
be considerably less (see Section 8.2.1 of
DOE/EIS–0562). This chosen alternative
does not limit consideration of
alternatives for future NEPA reviews
related to the Proposed Action.
Environmental Justice: Updated
guidance regarding environmental
justice (e.g., Executive Order 14096,
Revitalizing Our Nations Commitment
to Environmental Justice) was not in
place when NRC issued the Final SEIS.
For the Palisades review, DOE/EIS–0562
examined the geographic distribution of
minority and low-income populations
within 50 miles of the site, using data
from the 2000 U.S. Census Bureau. The
analysis was supplemented by
discussions with the local authorities
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63425
from the Van Buren County planning
department and social service agencies.
The analysis concluded PNP does not
disproportionately result in high and
adverse human health or environmental
impacts on minority or low-income
populations. As a result, DOE
concluded the analysis encompasses the
scope of the DOE proposed action, as
the current NRC license for PNP
remains in effect through 2031.
Nevertheless, future environmental
analyses evaluating the refueling and
repowering activities for the Palisades
restart project will include an
environmental justice review using the
most up-to-date Federal guidelines.
Floodplain Statement of Findings:
The DOE/EIS–0562 considered the
relevant information for a floodplains
and wetlands assessment pursuant to 10
CFR part 1022. The Proposed Action is
not within a 100-year floodplain and
because no major construction will take
place, there would be no redirection or
alteration in patterns of surrounding
water, sediment transport or wetlands
onsite. DOE/EIS–0562 Sections 2.2.6,
4.2, and 4.28 contain the relevant
analyses on floodplains and wetlands.
Furthermore, in 2019, the NRC
conducted a Flooding Focused
Evaluation at the Palisades plant which
required the facility to reevaluate flood
hazards for the site using more current
methods and new regulatory guidance
used by the NRC staff. This process
concluded that Palisades had
demonstrated that effective flood
protection exists in the event of a
beyond-design-basis external flooding
event (Palisades Nuclear Plant-Staff
Assessment of Flooding Focused
Evaluation (EPID No. L–2018–JLD–0015,
January 19, 2019).
The NRC’s current licensing basis is
designed to address the risks associated
with natural hazards such as climate
change. Additionally, as noted in the
Environmental Preferable Alternative
section of this document, the
greenhouse gases emitted from the
Project would be less than a reasonable
alternative.
Consultation Requirements: DOE was
not a cooperating agency with NRC
during its development of the NRC
SEIS; therefore, DOE completed its own
environmental compliance reviews and
consultations. Specifically, DOE
consulted with the Michigan State
Historical Preservation Office (SHPO)
and the U.S. Fish and Wildlife Service
(USFWS). Additionally, the DOE
reviewed the NRC’s Final SEIS and
supporting documentation and related
surveys, studies, and consultations.
By letter dated May 20, 2024, the
Michigan SHPO concurred with DOE’s
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Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices
finding of no historic properties effected
within the area of potential effect
associated with this undertaking
pursuant to Section 106 of the National
Historic Preservation Act. DOE also sent
a NEPA notice regarding the proposed
Federal financial assistance for the
general restoration and maintenance
activities at PNP to Federally recognized
Native American Tribes in the area or
with indigenous ties to the area to
identify Tribal interest and provide an
opportunity to make comments or
express concerns. Additionally, each
Tribe was contacted by telephone to
ensure receipt and respond to any
immediate questions or concerns. No
immediate questions or concerns were
relayed by the Tribes.
By letter dated, May 23, 2024, the US
FWS confirmed consultation was not
needed for the project based on the ‘‘no
effect’’ and ‘‘not likely to adversely
affect’’ (NLAA) determinations of the
following threatened and endangered
species located in the vicinity of PNP:
Eastern Massasauga rattlesnake
(Sistrurus catenatus)-NLAA; Indiana Bat
(Myotis soldalis)-no effect; Mitchell’s
Satyr Butterfly (Neonympha mitchellii
mitchellii)-no effect; Monarch Butterfly
(Danaus plexippus)-no effect; Piping
Plover (Charadruis melodus)-NLAA;
Pitcher’s Thistle (Cirsium pitcher)NLAA; Rufa Red Know (Calidris
canutus rufa)-NLAA; Tricolored Bat
(Perimyotis subflavus)-no effect; and
Whooping Crane (Grus americana)-no
effect. Finally, through its review, DOE
determined that NRC completed the
Coastal Zone Management Act Federal
Consistency Certification, which is
documented in Appendix E of Final
DOE/EIS–0562. Hence, DOE has
fulfilled its consultation responsibilities
under NHPA and ESA for restoration
and maintenance activities related to the
general restoration and maintenance
activities of PNP.
Final DOE/EIS–0562 Review Period:
The Notice of Availability of the Final
DOE/EIS–0562 and the Adoption Notice
were published in the Federal Register
on March 1, 2024 (89 FR 15199). The
review period of the EIS was from
March 1 to April 1, 2024. DOE received
one submittal from the public during
the review period. The inquiry
requested information regarding the
LPO’s NEPA process, a copy of project
documentation, and a DOE point of
contact for the project. DOE provided
the requested information, and has
concluded that no new information or
circumstances has been submitted that
would warrant preparation of a
supplemental EIS, or show that the
Project would affect the quality of the
human environment not already
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encompassed by the analysis considered
in the Final DOE/EIS–0562, or
considered in the preparation of this
ROD.
Decision: DOE has decided to issue a
loan guarantee to Holtec Palisades, LLC
for the general restoration and
maintenance activities in support of
repowering PNP, an 800–MW electric
nuclear generation station in Covert
Township, Michigan. The Project would
entail the general restoration and
maintenance activities in support of
repowering PNP in accordance with the
existing NRC Renewed Facility
Operating License Number DPR–20.
Approval of the loan guarantee responds
to the DOE purpose and need pursuant
to Section 1706 of EPAct 2005, as
amended, specifically the Energy
Infrastructure Reinvestment Program.
DOE’s Proposed Action evaluated in
this ROD supports the general
restoration and maintenance activities at
PNP analyzed within the Final DOE/
EIS–0562. Activities associated with
PNP refueling, repowering and
operations to 2031, and operation from
2031–2051 (via SLR) are not yet ripe for
environmental analysis or decisions, are
not the subject of this ROD, and will be
the subject of current and future NRC
and DOE environmental reviews.
Mitigation: All DOE loan guarantee
agreements require that the borrower
comply with all applicable
environmental laws and related
requirements. For the Project, this
would include conditions and
requirements related to authorizations
and approvals within the NRC’s 2006
ROD, all permits and consultations
identified in Appendix E of the Final
DOE EIS–0562. A borrower’s failure to
comply with applicable laws,
authorizations, and approvals may
constitute a default, upon which DOE
would have the right under the loan
guarantee agreement to exercise usual
and customary remedies. To ensure that
the borrower complies with the
requirements of the loan guarantee
agreement, the Loan Programs Office
proactively monitors and administers all
operative loan guarantee transactions for
the lifetime of the loan.
Signing Authority
This document of the Department of
Energy was signed on July 26, 2024, by
Jigar Shah, Director, Loan Programs
Office, pursuant to delegated authority
from the Secretary of Energy. That
document with the original signature
and date is maintained by DOE. For
administrative purposes only, and in
compliance with requirements of the
Office of the Federal Register, the
undersigned DOE Federal Register
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Sfmt 4703
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on July 31,
2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2024–17218 Filed 8–2–24; 8:45 am]
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DATES: Comments regarding this
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]]>Agencies
[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63424-63426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17218]
=======================================================================
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DEPARTMENT OF ENERGY
Record of Decision: Issuance of a Loan Guarantee to Holtec
Palisades, LLC for General Restoration and Maintenance Activities of
the Palisades Nuclear Plant
AGENCY: Loan Programs Office (LPO), U.S. Department of Energy.
ACTION: Record of decision (ROD).
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) announces its decision to
issue a loan guarantee under the Energy Policy Act of 2005 (EPAct
2005), as amended, specifically the Energy Infrastructure Reinvestment
Program, to Holtec Palisades, LLC., (Holtec) for general restoration
and maintenance activities (Project), consistent with the Nuclear
Regulatory Commission (NRC) Renewed Facility Operating License Number
DPR-20. The general restoration and maintenance activities would
support the potential future resumption of power generation activities
at the Palisades Nuclear Plant (Palisades or PNP), an 800-MW electric
nuclear generation station in Covert Township, Michigan. Holtec has
initiated an exemption request, a license transfer request, and license
amendment requests with NRC, that, if approved, would allow the
resumption of power generation and operation until 2031, and Holtec
intends to submit a subsequent license extension request to the NRC to
allow power generation from 2031 to 2051.
ADDRESSES: Copies of this ROD and the Final EIS may be obtained by
accessing these documents and additional information about DOE's Loan
Programs website at https://www.energy.gov/lpo/eis-0562-palisades-nuclear-restart-project-van-buren-county-michigan, or LPO's NEPA
Program website at https://www.energy.gov/lpo/environmental-compliance-1.
FOR FURTHER INFORMATION CONTACT: Alicia Williamson, NEPA Document
Manager, Technical and Environmental Division, Loan Programs Office
(LP-30), U.S. Department of Energy, 1000 Independence Ave. SW,
Washington, DC 20585, telephone (202) 586-7272; email
[email protected].
SUPPLEMENTARY INFORMATION: The environmental impacts of general
restoration and maintenance activities at PNP were analyzed pursuant to
the National Environmental Policy Act (NEPA) in the DOE/EIS-0562: Final
Environmental Impact Statement, Proposed Palisades Nuclear Restart
Project, Van Buren County, Michigan (89 FR 53659, June 27, 2024).
The Project would entail general restoration and maintenance
activities at PNP, consistent with the NRC Renewed Facility Operating
License Number DPR-20. DOE LPO's review and adoption of the NRC NEPA
documents covers only general restoration and maintenance activities,
and the potential use of a DOE loan guarantee for PNP refueling, power
ascension, and power generation would not occur until the completion of
the NRC NEPA evaluation analyzing the same.
NEPA Review: Prior to DOE LPO consideration of a loan guarantee for
the Project, PNP ceased operations, the nuclear fuel was removed, and
PNP entered decommissioning mode in May 2022. The nuclear fuel was
placed in the established onsite spent fuel pool, but no structural
dismantling of PNP has occurred, and the equipment is still in place
and intact. Palisades was acquired by Holtec in June 2022, who now
[[Page 63425]]
intends to restore PNP and resume power generation activities. Holtec
has initiated an exemption request, a license transfer request, and
license amendment requests processes with the NRC, that if approved,
would allow the reactor to be re-fueled and the resumption of power
generation and operation until 2031. In addition, Holtec intends to
submit a Subsequent License Renewal (SLR) application to NRC, that if
granted, would allow power generation until at least 2051.
Holtec is pursuing a reauthorization of power operations at PNP
within the existing NRC regulatory framework, which would allow the
reactor to be refueled and resume power generation operations through
March 2031. In 2007, the NRC granted Palisades a 20-year Renewed
Facility Operating License (No. DPR-20), which extended the period of
PNP operations until March 2031. The NRC completed a safety analysis
review and in compliance with NEPA, issued NUREG-1437, Supplement 27,
Generic Environmental Impact Statement for License Renewal of Nuclear
Plants, Regarding Palisades Nuclear Plant, Draft Report (SEIS) in
February 2006 (71 FR 9541), followed by the Final SEIS in October 2006
(71 FR 61967). The SEIS analyzed the environmental impacts of PNP
operations from March 2011 through March 2031. The NRC's Record of
Decision (ROD) (72 FR 3168) and reactor facility operating license
approval for the 20- year extended operations period was issued in
January 2007.
DOE was not a cooperating agency in the development of the NRC
SEIS. DOE LPO conducted a review of the NRC environmental documents
related to the licensing of PNP, in accordance with 10 CFR 1021.200(d).
DOE's proposed action of issuing a loan guarantee to support the
general restoration and maintenance activities was analyzed in the NRC
SEIS. Based on its independent evaluation of the NRC's 2006 SEIS, DOE
has determined that the documentation satisfies DOE NEPA procedures for
the general restoration and maintenance activities of PNP. Accordingly,
DOE adopted and recirculated the 2006 NRC Final SEIS as a DOE Final EIS
(DOE/EIS-0562). Activities associated with PNP refueling and repowering
are not yet ripe and are the subject of an NRC environmental review,
with DOE as a cooperating agency. Consequently, the potential use of a
DOE loan guarantee for PNP refueling, repowering, and power generation
would not occur until the completion of the NRC NEPA evaluation
analyzing the potential environmental impacts of refueling and
repowering, and the associated NRC approvals of Holtec's exemption
request from 10 CFR 50.82(a)(2), license transfer request, and license
amendment requests.
DOE is a NEPA cooperating agency with the NRC on its environmental
review for the exemption request, a license transfer request, and
license amendment requests and will cooperate with the NRC on the
subsequent license renewal process, thereby tiering its environmental
review process to focus on the issues that are ripe for decision and
inform future decisions regarding additional Federal financial
assistance. At the conclusion of each NRC environmental review and
approval processes, DOE would publish a Record of Decision in support
of any future Federal financial assistance associated with resumption
of power generation and operation extending beyond 2031.
Alternatives Considered: DOE's decision in this ROD is whether or
not to issue a loan guarantee to Holtec for general restoration and
maintenance activities in support of repowering PNP. Accordingly, DOE's
alternatives are: (1) to issue a loan guarantee to Holtec for the
Proposed Action, or (2) not issue a loan guarantee to Holtec (No-Action
Alternative).
Environmental Preferable Alternative: DOE reviewed both
alternatives to identify the environmentally preferable alternative and
considers the issuance of a loan guarantee to Holtec for the Proposed
Action as the environmentally preferable alternative. This alternative
offers environmental benefits consistent with the statutory objectives
of Section 1706 of EPAct 2005, as amended, specifically the Energy
Infrastructure Reinvestment Program, which includes repowering of
energy infrastructure that has ceased operations and reduces greenhouse
gas emissions. Compared to fossil-fuel power sources producing the same
amount of power, carbon dioxide emission rates from the Project would
be considerably less (see Section 8.2.1 of DOE/EIS-0562). This chosen
alternative does not limit consideration of alternatives for future
NEPA reviews related to the Proposed Action.
Environmental Justice: Updated guidance regarding environmental
justice (e.g., Executive Order 14096, Revitalizing Our Nations
Commitment to Environmental Justice) was not in place when NRC issued
the Final SEIS. For the Palisades review, DOE/EIS-0562 examined the
geographic distribution of minority and low-income populations within
50 miles of the site, using data from the 2000 U.S. Census Bureau. The
analysis was supplemented by discussions with the local authorities
from the Van Buren County planning department and social service
agencies. The analysis concluded PNP does not disproportionately result
in high and adverse human health or environmental impacts on minority
or low-income populations. As a result, DOE concluded the analysis
encompasses the scope of the DOE proposed action, as the current NRC
license for PNP remains in effect through 2031. Nevertheless, future
environmental analyses evaluating the refueling and repowering
activities for the Palisades restart project will include an
environmental justice review using the most up-to-date Federal
guidelines.
Floodplain Statement of Findings: The DOE/EIS-0562 considered the
relevant information for a floodplains and wetlands assessment pursuant
to 10 CFR part 1022. The Proposed Action is not within a 100-year
floodplain and because no major construction will take place, there
would be no redirection or alteration in patterns of surrounding water,
sediment transport or wetlands onsite. DOE/EIS-0562 Sections 2.2.6,
4.2, and 4.28 contain the relevant analyses on floodplains and
wetlands. Furthermore, in 2019, the NRC conducted a Flooding Focused
Evaluation at the Palisades plant which required the facility to
reevaluate flood hazards for the site using more current methods and
new regulatory guidance used by the NRC staff. This process concluded
that Palisades had demonstrated that effective flood protection exists
in the event of a beyond-design-basis external flooding event
(Palisades Nuclear Plant-Staff Assessment of Flooding Focused
Evaluation (EPID No. L-2018-JLD-0015, January 19, 2019).
The NRC's current licensing basis is designed to address the risks
associated with natural hazards such as climate change. Additionally,
as noted in the Environmental Preferable Alternative section of this
document, the greenhouse gases emitted from the Project would be less
than a reasonable alternative.
Consultation Requirements: DOE was not a cooperating agency with
NRC during its development of the NRC SEIS; therefore, DOE completed
its own environmental compliance reviews and consultations.
Specifically, DOE consulted with the Michigan State Historical
Preservation Office (SHPO) and the U.S. Fish and Wildlife Service
(USFWS). Additionally, the DOE reviewed the NRC's Final SEIS and
supporting documentation and related surveys, studies, and
consultations.
By letter dated May 20, 2024, the Michigan SHPO concurred with
DOE's
[[Page 63426]]
finding of no historic properties effected within the area of potential
effect associated with this undertaking pursuant to Section 106 of the
National Historic Preservation Act. DOE also sent a NEPA notice
regarding the proposed Federal financial assistance for the general
restoration and maintenance activities at PNP to Federally recognized
Native American Tribes in the area or with indigenous ties to the area
to identify Tribal interest and provide an opportunity to make comments
or express concerns. Additionally, each Tribe was contacted by
telephone to ensure receipt and respond to any immediate questions or
concerns. No immediate questions or concerns were relayed by the
Tribes.
By letter dated, May 23, 2024, the US FWS confirmed consultation
was not needed for the project based on the ``no effect'' and ``not
likely to adversely affect'' (NLAA) determinations of the following
threatened and endangered species located in the vicinity of PNP:
Eastern Massasauga rattlesnake (Sistrurus catenatus)-NLAA; Indiana Bat
(Myotis soldalis)-no effect; Mitchell's Satyr Butterfly (Neonympha
mitchellii mitchellii)-no effect; Monarch Butterfly (Danaus plexippus)-
no effect; Piping Plover (Charadruis melodus)-NLAA; Pitcher's Thistle
(Cirsium pitcher)-NLAA; Rufa Red Know (Calidris canutus rufa)-NLAA;
Tricolored Bat (Perimyotis subflavus)-no effect; and Whooping Crane
(Grus americana)-no effect. Finally, through its review, DOE determined
that NRC completed the Coastal Zone Management Act Federal Consistency
Certification, which is documented in Appendix E of Final DOE/EIS-0562.
Hence, DOE has fulfilled its consultation responsibilities under NHPA
and ESA for restoration and maintenance activities related to the
general restoration and maintenance activities of PNP.
Final DOE/EIS-0562 Review Period: The Notice of Availability of the
Final DOE/EIS-0562 and the Adoption Notice were published in the
Federal Register on March 1, 2024 (89 FR 15199). The review period of
the EIS was from March 1 to April 1, 2024. DOE received one submittal
from the public during the review period. The inquiry requested
information regarding the LPO's NEPA process, a copy of project
documentation, and a DOE point of contact for the project. DOE provided
the requested information, and has concluded that no new information or
circumstances has been submitted that would warrant preparation of a
supplemental EIS, or show that the Project would affect the quality of
the human environment not already encompassed by the analysis
considered in the Final DOE/EIS-0562, or considered in the preparation
of this ROD.
Decision: DOE has decided to issue a loan guarantee to Holtec
Palisades, LLC for the general restoration and maintenance activities
in support of repowering PNP, an 800-MW electric nuclear generation
station in Covert Township, Michigan. The Project would entail the
general restoration and maintenance activities in support of repowering
PNP in accordance with the existing NRC Renewed Facility Operating
License Number DPR-20. Approval of the loan guarantee responds to the
DOE purpose and need pursuant to Section 1706 of EPAct 2005, as
amended, specifically the Energy Infrastructure Reinvestment Program.
DOE's Proposed Action evaluated in this ROD supports the general
restoration and maintenance activities at PNP analyzed within the Final
DOE/EIS-0562. Activities associated with PNP refueling, repowering and
operations to 2031, and operation from 2031-2051 (via SLR) are not yet
ripe for environmental analysis or decisions, are not the subject of
this ROD, and will be the subject of current and future NRC and DOE
environmental reviews.
Mitigation: All DOE loan guarantee agreements require that the
borrower comply with all applicable environmental laws and related
requirements. For the Project, this would include conditions and
requirements related to authorizations and approvals within the NRC's
2006 ROD, all permits and consultations identified in Appendix E of the
Final DOE EIS-0562. A borrower's failure to comply with applicable
laws, authorizations, and approvals may constitute a default, upon
which DOE would have the right under the loan guarantee agreement to
exercise usual and customary remedies. To ensure that the borrower
complies with the requirements of the loan guarantee agreement, the
Loan Programs Office proactively monitors and administers all operative
loan guarantee transactions for the lifetime of the loan.
Signing Authority
This document of the Department of Energy was signed on July 26,
2024, by Jigar Shah, Director, Loan Programs Office, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on July 31, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-17218 Filed 8-2-24; 8:45 am]
BILLING CODE 6450-01-P
