80 FR 53579 - Draft Memorandum of Agreement Between the U.S. Nuclear Regulatory Commission, New Jersey Historic Preservation Office, Advisory Council on Historic Preservation, National Park Service, PSEG Power, LLC, and PSEG Nuclear, LLC
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 172 (September 4, 2015)
Federal Register Volume 80, Issue 172 (September 4, 2015)
| Page Range | 53579-53580 | |
| FR Document | 2015-21932 |
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)] [Notices] [Pages 53579-53580] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21932] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 52-043; NRC-2010-0215] Draft Memorandum of Agreement Between the U.S. Nuclear Regulatory Commission, New Jersey Historic Preservation Office, Advisory Council on Historic Preservation, National Park Service, PSEG Power, LLC, and PSEG Nuclear, LLC AGENCY: Nuclear Regulatory Commission. ACTION: Request for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting comment on a draft Memorandum of Agreement (MOA) between the NRC, New Jersey Historic Preservation Office (NJ HPO), Advisory Council on Historic Preservation (ACHP), National Park Service (NPS), and PSEG Power, LLC, and PSEG Nuclear, LLC (PSEG). The purpose of the draft MOA is to resolve adverse effects to historic properties identified during consultation for a proposed early site permit (ESP). DATES: Submit comments by October 5, 2015. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2010-0215. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12-H08, 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 SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Allen Fetter, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-8556, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2010-0215 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2010-0215. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then 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, 301-415-4737, or by email to [email protected]. The draft MOA is available in ADAMS under Accession ML15239B244. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2010-0215 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 http://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. Discussion On May 25, 2010, PSEG submitted the ESP application via letter pursuant to Part 52 of Title 10 of the Code of Federal Regulations (10 CFR) (ADAMS Accession No. ML101480484). The location of the proposed ESP site is adjacent to the existing Salem and Hope Creek Nuclear Generating Stations on the east bank of the Delaware River in Lower Alloways Creek Township, Salem County, New Jersey. An ESP is a licensing option provided under the NRC's regulations in 10 CFR part 52 that allows an applicant to obtain approval for a reactor site. The approval of the ESP indicates that there are no safety or environmental issues at the proposed site that would preclude the construction of a nuclear power plant with the characteristics identified in the plant parameter envelope. Because an ESP is only a site approval and does not authorize the construction or operation of a nuclear power plant, an applicant may obtain an ESP without specifying the design of the reactor(s) that it may separately apply to build and operate at the site. The ESP application and review process makes it possible to evaluate and resolve safety and environmental issues related to siting before the applicant makes a large commitment of resources. Granting an ESP would result in no effects to historic properties; the ESP review includes an analysis of potential adverse effects from construction and operation of a postulated plant to support a site suitability determination. Pursuant to 36 CFR 800.8, the NRC is using its National Environmental Policy Act (NEPA) process for developing the ESP environmental impact statement (EIS) to facilitate consultation pursuant to Section 106 of the NHPA (54 U.S.C. 306108). The U.S. Army Corps of Engineers (USACE) participated in the development of the ESP EIS as a cooperating agency, pursuant to NEPA, but is consulting separately under Section 106 of the NHPA for the activities that it regulates. On August 22, 2014, the NRC requested comment (79 FR 49820) on its draft EIS analyzing: (1) The impacts of constructing and operating a postulated nuclear plant at the proposed ESP site that is the subject of NRC review, and (2) impacts associated with a USACE permit action on a Department of the [[Page 53580]] Army permit application to perform certain building activities on and near the ESP site. The draft ESP EIS contained a finding of no adverse effect to historic properties for the NRC's Section 106 NHPA review. The NJ HPO concurred with this finding. By letter dated December 4, 2014, the NRC received a revised opinion letter from the NJ HPO finding that the proposed project would result in an adverse effect to historic properties (ADAMS Accession No. ML15005A040). The NJ HPO stated that the visual intrusion of two new natural draft cooling towers, which are included in the plant parameter envelope for the ESP application, would, if selected in a subsequent application to construct and operate a nuclear plant at the ESP site, result in an adverse effect to historic properties. The NRC met with the NJ HPO, PSEG representatives, and interested members of the public on January 9, 2015, in Salem County, New Jersey to discuss the NJ HPO's concerns. Between January and August 2015, the NRC met with the NJ HPO, ACHP, NPS, interested members of the public, and PSEG several times to discuss the effects from the proposed project on historic properties and to develop possible mitigation strategies for any potential effects. Between January and August 2015, the NRC conducted seven publicly noticed consultation meetings and teleconferences, pursuant to Section 106 of the NHPA. Based on the information from these meetings and additional research, the NRC issued letters on June 24, 2015, to NJ HPO, ACHP, and NPS stating its determination that natural draft cooling towers, if selected, would result in an indirect visual adverse effect on the Abel and Mary Nicholson House National Historic Landmark (127 Fort Elfsborg- Hancock Bridge Road), the property at 349 Fort Elfsborg-Hancock Bridge Road, and the property at 116 Mason Point Road. These properties are within an area the NJ HPO has determined is an NRHP-eligible historic district. In its letter, the NRC stated its intention to develop a MOA to resolve the adverse effect to these three properties. The draft MOA addresses the potential indirect adverse visual effect from construction and operation of natural draft cooling towers as analyzed in the ESP EIS and would conclude NHPA Section 106 consultation for the ESP. The draft MOA provides a framework for consultation at the combined license or construction permit/operating license stage. I. Request for Public Comment The NRC is requesting public comment on the draft MOA. The NRC does not plan to provide individual responses to comments. However, the NRC will consider any comments received when finalizing the MOA and will publish the final MOA in the Federal Register. The draft MOA is available in ADAMS under Accession No. ML15239B244. Dated at Rockville, Maryland this 28th day of August, 2015. For the Nuclear Regulatory Commission. Francis M. Akstulewicz, Director, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2015-21932 Filed 9-3-15; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices 53579
Comments submitted in response to For additional direction on obtaining disclosed in their comment submission.
this comment request will be information and submitting comments, Your request should state that the NRC
summarized and/or included in the see ‘‘Obtaining information and does not routinely edit comment
request for Office of Management and Submitting Comments’’ in the submissions to remove such information
Budget approval of the ICR; they will SUPPLEMENTARY INFORMATION section of before making the comment
also become a matter of public record. this document. submissions available to the public or
FOR FURTHER INFORMATION CONTACT: entering the comment into ADAMS.
Portia Wu,
Assistant Secretary for Employment and Allen Fetter, Office of New Reactors, II. Discussion
Training, Labor. U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone: On May 25, 2010, PSEG submitted the
[FR Doc. 2015–21996 Filed 9–3–15; 8:45 am] ESP application via letter pursuant to
301–415–8556, email: Allen.Fetter@
BILLING CODE 4510–FT–P
nrc.gov. Part 52 of Title 10 of the Code of Federal
Regulations (10 CFR) (ADAMS
SUPPLEMENTARY INFORMATION: Accession No. ML101480484). The
NUCLEAR REGULATORY I. Obtaining Information and location of the proposed ESP site is
COMMISSION Submitting Comments adjacent to the existing Salem and Hope
[Docket No. 52–043; NRC–2010–0215]
Creek Nuclear Generating Stations on
A. Obtaining Information the east bank of the Delaware River in
Draft Memorandum of Agreement Please refer to Docket ID NRC–2010– Lower Alloways Creek Township,
Between the U.S. Nuclear Regulatory 0215 when contacting the NRC about Salem County, New Jersey.
Commission, New Jersey Historic the availability of information for this An ESP is a licensing option provided
Preservation Office, Advisory Council action. You may obtain publicly- under the NRC’s regulations in 10 CFR
on Historic Preservation, National Park available information related to this part 52 that allows an applicant to
Service, PSEG Power, LLC, and PSEG action by any of the following methods: obtain approval for a reactor site. The
Nuclear, LLC • Federal Rulemaking Web site: Go to approval of the ESP indicates that there
http://www.regulations.gov and search are no safety or environmental issues at
AGENCY: Nuclear Regulatory for Docket ID NRC–2010–0215. the proposed site that would preclude
Commission. • NRC’s Agencywide Documents the construction of a nuclear power
ACTION: Request for comment. Access and Management System plant with the characteristics identified
(ADAMS): You may obtain publicly- in the plant parameter envelope.
SUMMARY: The U.S. Nuclear Regulatory Because an ESP is only a site approval
available documents online in the
Commission (NRC) is requesting and does not authorize the construction
ADAMS Public Documents collection at
comment on a draft Memorandum of or operation of a nuclear power plant,
http://www.nrc.gov/reading-rm/
Agreement (MOA) between the NRC, an applicant may obtain an ESP without
adams.html. To begin the search, select
New Jersey Historic Preservation Office specifying the design of the reactor(s)
‘‘ADAMS Public Documents’’ and then
(NJ HPO), Advisory Council on Historic that it may separately apply to build and
select ‘‘Begin Web-based ADAMS
Preservation (ACHP), National Park operate at the site. The ESP application
Search.’’ For problems with ADAMS,
Service (NPS), and PSEG Power, LLC, and review process makes it possible to
please contact the NRC’s Public
and PSEG Nuclear, LLC (PSEG). The evaluate and resolve safety and
Document Room (PDR) reference staff at
purpose of the draft MOA is to resolve environmental issues related to siting
1–800–397–4209, 301–415–4737, or by
adverse effects to historic properties before the applicant makes a large
email to pdr.resource@nrc.gov. The draft
identified during consultation for a commitment of resources. Granting an
MOA is available in ADAMS under
proposed early site permit (ESP). ESP would result in no effects to
Accession ML15239B244.
DATES: Submit comments by October 5, • NRC’s PDR: You may examine and historic properties; the ESP review
2015. Comments received after this date purchase copies of public documents at includes an analysis of potential adverse
will be considered if it is practical to do the NRC’s PDR, Room O1–F21, One effects from construction and operation
so, but the NRC is able to assure White Flint North, 11555 Rockville of a postulated plant to support a site
consideration only for comments Pike, Rockville, Maryland 20852. suitability determination.
received on or before this date. Pursuant to 36 CFR 800.8, the NRC is
ADDRESSES: You may submit comments B. Submitting Comments using its National Environmental Policy
by any of the following methods (unless Please include Docket ID NRC–2010– Act (NEPA) process for developing the
this document describes a different 0215 in your comment submission. ESP environmental impact statement
method for submitting comments on a The NRC cautions you not to include (EIS) to facilitate consultation pursuant
specific subject): identifying or contact information that to Section 106 of the NHPA (54 U.S.C.
• Federal Rulemaking Web site: Go to you do not want to be publicly 306108). The U.S. Army Corps of
http://www.regulations.gov and search disclosed in your comment submission. Engineers (USACE) participated in the
for Docket ID NRC–2010–0215. Address The NRC will post all comment development of the ESP EIS as a
questions about NRC dockets to Carol submissions at http:// cooperating agency, pursuant to NEPA,
Gallagher; telephone: 301–415–3463; www.regulations.gov as well as enter the but is consulting separately under
email: Carol.Gallagher@nrc.gov. For comment submissions into ADAMS. Section 106 of the NHPA for the
technical questions, contact the The NRC does not routinely edit activities that it regulates.
mstockstill on DSK4VPTVN1PROD with NOTICES
individual listed in the FOR FURTHER comment submissions to remove On August 22, 2014, the NRC
INFORMATION CONTACT section of this identifying or contact information. requested comment (79 FR 49820) on its
document. If you are requesting or aggregating draft EIS analyzing: (1) The impacts of
• Mail comments to: Cindy Bladey, comments from other persons for constructing and operating a postulated
Office of Administration, Mail Stop: submission to the NRC, then you should nuclear plant at the proposed ESP site
OWFN–12–H08, U.S. Nuclear inform those persons not to include that is the subject of NRC review, and
Regulatory Commission, Washington, identifying or contact information that (2) impacts associated with a USACE
DC 20555–0001. they do not want to be publicly permit action on a Department of the
VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1](https://thefederalregister.org/doc/80_FR_53751/page/1.svg)
![53580 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices
Army permit application to perform I. Request for Public Comment Gallagher; telephone: 301–415–3463;
certain building activities on and near The NRC is requesting public email: Carol.Gallagher@nrc.gov. For
the ESP site. comment on the draft MOA. The NRC technical questions, contact the
The draft ESP EIS contained a finding does not plan to provide individual individual listed in the FOR FURTHER
of no adverse effect to historic responses to comments. However, the INFORMATION CONTACT section of this
properties for the NRC’s Section 106 NRC will consider any comments document.
NHPA review. The NJ HPO concurred received when finalizing the MOA and • NRC’s Agencywide Documents
with this finding. By letter dated will publish the final MOA in the Access and Management System
December 4, 2014, the NRC received a Federal Register. The draft MOA is (ADAMS): You may obtain publicly-
revised opinion letter from the NJ HPO available in ADAMS under Accession available documents online in the
finding that the proposed project would No. ML15239B244. ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
result in an adverse effect to historic Dated at Rockville, Maryland this 28th day adams.html. To begin the search, select
properties (ADAMS Accession No. of August, 2015.
‘‘ADAMS Public Documents’’ and then
ML15005A040). The NJ HPO stated that For the Nuclear Regulatory Commission. select ‘‘Begin Web-based ADAMS
the visual intrusion of two new natural Francis M. Akstulewicz, Search.’’ For problems with ADAMS,
draft cooling towers, which are included Director, Division of New Reactor Licensing, please contact the NRC’s Public
in the plant parameter envelope for the Office of New Reactors. Document Room (PDR) reference staff at
ESP application, would, if selected in a [FR Doc. 2015–21932 Filed 9–3–15; 8:45 am] 1–800–397–4209, 301–415–4737, or by
subsequent application to construct and BILLING CODE 7590–01–P email to pdr.resource@nrc.gov. The
operate a nuclear plant at the ESP site,
ADAMS accession number for each
result in an adverse effect to historic
document referenced in this document
properties. The NRC met with the NJ NUCLEAR REGULATORY (if that document is available in
HPO, PSEG representatives, and COMMISSION ADAMS) is provided the first time that
interested members of the public on a document is referenced.
[Docket Nos. 50–333, 50–293, and 50–271;
January 9, 2015, in Salem County, New NRC–2013–0192] • NRC’s PDR: You may examine and
Jersey to discuss the NJ HPO’s concerns. purchase copies of public documents at
Between January and August 2015, the Entergy Nuclear Operations, Inc.; the NRC’s PDR, Room O1–F21, One
NRC met with the NJ HPO, ACHP, NPS, James A. FitzPatrick Nuclear Power White Flint North, 11555 Rockville
interested members of the public, and Plant, Pilgrim Nuclear Power Station, Pike, Rockville, Maryland 20852.
PSEG several times to discuss the effects and Vermont Yankee Nuclear Power FOR FURTHER INFORMATION CONTACT:
from the proposed project on historic Station Richard Guzman, Office of Nuclear
properties and to develop possible
AGENCY: Nuclear Regulatory Reactor Regulation, U.S. Nuclear
mitigation strategies for any potential
Commission. Regulatory Commission, Washington,
effects. Between January and August
ACTION: Director’s decision under 10 DC 20555–0001; telephone: 301–415–
2015, the NRC conducted seven
CFR 2.206; issuance. 1030, email: Richard.Guzman@nrc.gov.
publicly noticed consultation meetings
and teleconferences, pursuant to Section SUPPLEMENTARY INFORMATION: Notice is
SUMMARY: The U.S. Nuclear Regulatory hereby given that the Director, Office of
106 of the NHPA.
Commission (NRC) has issued a Nuclear Reactor Regulation, has issued
Based on the information from these director’s decision with regard to a a director’s decision (ADAMS Accession
meetings and additional research, the petition dated March, 18, 2013, filed by No. ML15162A763) on a petition filed
NRC issued letters on June 24, 2015, to Mr. Timothy Judson on behalf of the by the petitioners on March, 18, 2013
NJ HPO, ACHP, and NPS stating its Alliance for a Green Economy, Citizens (ADAMS Accession No. ML13079A022).
determination that natural draft cooling Awareness Network, Pilgrim Watch, and The petition was supplemented by
towers, if selected, would result in an Vermont Citizens Action Network letters dated April 23, May 7, June 28,
indirect visual adverse effect on the (hereafter, referred to as ‘‘the July 22, October 16, November 13,
Abel and Mary Nicholson House petitioners’’) requesting that the NRC November 27, and December 2, 2013,
National Historic Landmark (127 Fort take action with regard to James A. October 20, 2014, and January 27, 2015
Elfsborg-Hancock Bridge Road), the FitzPatrick Nuclear Power Plant (ADAMS Accession Nos.
property at 349 Fort Elfsborg-Hancock (FitzPatrick), Pilgrim Nuclear Power ML13133A161, ML13135A001,
Bridge Road, and the property at 116 Station (Pilgrim), and Vermont Yankee ML13184A109, ML13205A251,
Mason Point Road. These properties are Nuclear Power Station (Vermont ML13294A400, ML13335A002,
within an area the NJ HPO has Yankee). The petitioners’ requests and ML14016A361, ML15027A458,
determined is an NRHP-eligible historic the director’s decision are included in ML15027A462, and ML15039A011,
district. In its letter, the NRC stated its the SUPPLEMENTARY INFORMATION section respectively).
intention to develop a MOA to resolve of this document. The petitioners requested that the
the adverse effect to these three DATES: September 4, 2015. NRC take enforcement action to: (1)
properties. ADDRESSES: Please refer to Docket ID Suspend operations at FitzPatrick and
The draft MOA addresses the NRC–2013–0192 when contacting the Vermont Yankee; (2) investigate
potential indirect adverse visual effect NRC about the availability of whether Entergy Nuclear Operations,
mstockstill on DSK4VPTVN1PROD with NOTICES
from construction and operation of information regarding this document. Inc, (ENO, the licensee) possesses
natural draft cooling towers as analyzed You may obtain publicly-available sufficient funds to cease operations and
in the ESP EIS and would conclude information related to this document decommission FitzPatrick and Vermont
NHPA Section 106 consultation for the using any of the following methods: Yankee, per section 50.75 of Title 10 of
ESP. The draft MOA provides a • Federal Rulemaking Web site: Go to the Code of Federal Regulations (10
framework for consultation at the http://www.regulations.gov and search CFR), ‘‘Reporting and recordkeeping for
combined license or construction for Docket ID NRC–2013–0192. Address decommissioning planning’’; and (3)
permit/operating license stage. questions about NRC dockets to Carol investigate ENO’s current financial
VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1](https://thefederalregister.org/doc/80_FR_53751/page/2.svg)
Document Created: 2015-12-15 09:57:54
Document Modified: 2015-12-15 09:57:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for comment. | |
| Dates | Submit comments by October 5, 2015. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date. | |
| Contact | Allen Fetter, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-8556, email: [email protected] | |
| FR Citation | 80 FR 53579 |
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