81 FR 39281 - Duke Energy; McGuire Independent Spent Fuel Storage Installation
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 116 (June 16, 2016)
Federal Register Volume 81, Issue 116 (June 16, 2016)
| Page Range | 39281-39283 | |
| FR Document | 2016-14252 |
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)] [Notices] [Pages 39281-39283] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14252] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 72-38; NRC-2016-0111] Duke Energy; McGuire Independent Spent Fuel Storage Installation AGENCY: Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) and a finding of no significant impact (FONSI) for its review and approval of the decommissioning funding plan submitted by Duke Energy Carolinas, LLC (Duke), on December 13, 2012, for the Independent Spent Fuel Storage Installation (ISFSI) at McGuire Nuclear Station (MCG) in Huntersville, North Carolina. DATES: The EA and FONSI referenced in this document are available on June 16, 2016. ADDRESSES: Please refer to Docket ID NRC-2016-0111 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0111. 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. 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 ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in the section of this document entitled, Availability of Documents. 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. FOR FURTHER INFORMATION CONTACT: Richard Baum, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0018, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Introduction The NRC is considering issuance of the decommissioning funding plan (DFP) for the McGuire ISFSI. Duke submitted a DFP for NRC review and approval by letter dated December 13, 2012 (ADAMS Accession No. ML12353A033). The NRC staff has prepared a final EA (ADAMS Accession No. ML16144A261) in support of its review of Duke's DFP, in accordance with the NRC regulations in part 51 of title 10 of the Code of Federal Regulations (10 CFR), ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,'' which implement the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). Based on the EA, the NRC staff has determined that approval of the DFP for the McGuire ISFSI will not significantly affect the quality of the human environment, and, accordingly, the staff has concluded that a FONSI is appropriate. The NRC staff further finds that preparation of an environmental impact statement (EIS) is not warranted because under 10 CFR 51.22(c)(10) or 10 CFR 51.22(c)(11) do not apply to the DFP reviews, since the categorical exclusions only apply to license amendments and the 10 CFR 72.30 DFP reviews and approvals are not license amendments. [[Page 39282]] II. Environmental Assessment Background The McGuire ISFSI is located in Huntersville, North Carolina. Duke is authorized by NRC, under License No. SFGL-11, to store spent nuclear fuel at the McGuire ISFSI. The NRC requires its licensees to plan for the eventual decommissioning of their licensed facilities prior to license termination. On June 17, 2011, the NRC published a final rule in the Federal Register amending its decommissioning planning regulations (76 FR 35512). The final rule amended the NRC regulation, 10 CFR 72.30, which concerns financial assurance and decommissioning for ISFSIs. This regulation now requires each holder of, or applicant for, a license under 10 CFR part 72 to submit, for NRC review and approval, a DFP. The purpose of the DFP is to demonstrate the licensee's financial assurance, i.e., that funds will be available to decommission the ISFSI. The NRC staff is reviewing the DFP submitted by Duke on December 13, 2012. Specifically, the NRC must determine whether Duke's DFP contains the information required by 10 CFR 72.30(b) and whether Duke has provided reasonable assurance that funds will be available to decommission the ISFSI. Description of the Proposed Action The proposed action is the NRC's review and approval of Duke's DFP submitted in accordance with 10 CFR 72.30(b). To approve the DFP, the NRC will evaluate whether the decommissioning cost estimate (DCE) adequately estimates the cost to conduct the required ISFSI decommissioning activities prior to license termination, including identification of the volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the license termination criteria in 10 CFR 20.1402 or 10 CFR 20.1403. NRC will also evaluate whether the aggregate dollar amount of Duke's financial instruments provide adequate financial assurance to cover the DCE and that the financial instruments meet the criteria of 10 CFR 72.30(e). The proposed action does not require any changes to the ISFSI's licensed routine operations, maintenance activities, or monitoring programs, nor does it require any new construction or land disturbing activities. The scope of the proposed action concerns only the NRC's review and approval of Duke's DFP. The scope of the proposed action does not include, and will not result in, the review and approval of any decontamination or decommissioning activity or license termination for the ISFSI or any other part of McGuire. Need for the Proposed Action The proposed action provides a means for Duke to demonstrate that it will have sufficient funding to cover the costs of decommissioning the ISFSI, including the reduction of the residual radioactivity at the ISFSI to the level specified by the applicable NRC license termination regulations concerning release of the property (10 CFR 20.1402 or 10 CFR 20.1403). Environmental Impacts of the Proposed Action The NRC's approval of the DFP will not change the scope or nature of the operation of the ISFSI and will not authorize any changes to licensed operations or maintenance activities. The NRC's approval of the DFP will not result in any changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of any solid waste. Moreover, the approval of the DFP will not authorize any construction activity or facility modification. Therefore, the NRC staff concludes that the approval of the DFP is a procedural and administrative action that will not result in any significant impact to the environment. Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), requires federal agencies to consider the effects of their undertakings on historic properties. In accordance with the NHPA implementing regulations at 36 CFR part 800, ``Protection of Historic Properties,'' NRC's approval of Duke's DFP constitutes a federal undertaking. The NRC, however, has determined that the approval of the DFP is a type of undertaking that does not have the potential to cause effects on historic properties, assuming such historic properties were present, because the NRC's approval of Duke's DFP will not authorize or result in changes to licensed operations or maintenance activities, or changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of any solid waste. Therefore, in accordance with 36 CFR 800.3(a)(1), no consultation is required under Section 106 of the NHPA. Under Section 7 of the Endangered Species Act of 1973, prior to taking a proposed action, a federal agency must determine whether (i) endangered and threatened species or their critical habitats are known to be in the vicinity of the proposed action and if so, whether (ii) the proposed Federal action may affect listed species or critical habitats. If the proposed action may affect listed species or critical habitats, the federal agency is required to consult with the U.S. Fish and Wildlife Service (FWS) and/or the U.S. National Marine Fisheries Service. In accordance with 50 CFR 402.13, the NRC has engaged in informal consultation with the FWS. The NRC has determined that the proposed action is not likely to adversely affect listed species or their critical habitats because the NRC's approval of Duke's DFP will not authorize or result in changes to licensed operations or maintenance activities, or changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of any solid waste. The FWS has concurred with the NRC's determination that the proposed action is not likely to adversely affect listed species or critical habitat. Alternative to the Proposed Action In addition to the proposed action, the NRC evaluated the no-action alternative. The no-action alternative is to deny Duke's DFP. A denial of a DFP that meets the criteria of 10 CFR 72.30(b) does not support the regulatory intent of the 2011 rulemaking. As noted in the rulemaking EA (ADAMS Accession No. ML090500648), not promulgating the 2011 final rule would have increased the likelihood of additional legacy sites. Thus, denying Duke's DFP, which the NRC has found to meet the criteria of 10 CFR 72.30(b), will undermine the licensee's decommissioning planning. On this basis, the NRC has concluded that the no-action alternative is not a viable alternative. Agencies and Persons Consulted The NRC staff consulted with other agencies and parties regarding the environmental impacts of the proposed action. The NRC provided a draft of its EA to the North Carolina Department of Health and Human Services on August 10, 2015, and gave them 30 days to respond. The State never responded. The NRC also consulted with the FWS. The FWS concurred with the NRC's determination that the proposed action is not likely to adversely affect listed species or critical habitat. III. Finding of No Significant Impact The NRC staff has determined that the proposed action, the review and [[Page 39283]] approval of the DFP, submitted in accordance with 10 CFR 72.30(b), will not authorize or result in changes to licensed operations or maintenance activities, or changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of any solid waste. Moreover, the approval of the DFP will not authorize any construction activity, facility modification, or any other land- disturbing activity. The NRC staff has concluded that the proposed action is a procedural and administrative action and as such, that the proposed action will not have a significant effect on the quality of the human environment. Therefore, the NRC staff has determined not to prepare an EIS for the proposed action but will issue this FONSI. In accordance with 10 CFR 51.32(a)(4), the FONSI incorporates the EA by reference. IV. Availability of Documents The following documents, related to this Notice, can be found using any of the methods provided in the following table. Instructions for accessing ADAMS were provided under the ADDRESSES section of this Notice. ------------------------------------------------------------------------ Date Document ADAMS Accession No. ------------------------------------------------------------------------ December 13, 2012................ Submission of ML12353A033 MCG decommissionin g funding plan. February 1, 2009................. Environmental ML090500648 Assessment for Final Rule-- Decommissionin g Planning. May 31, 2016..................... NRC staff's ML16144A261 Final EA for the approval of the decommissionin g funding plan. ------------------------------------------------------------------------ Dated at Rockville, Maryland, this 7th day of June 2016. For the Nuclear Regulatory Commission. Bernard H. White IV, Acting Branch Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2016-14252 Filed 6-15-16; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices 39281
Technology Research and Development will be made available to the public via ‘‘ADAMS Public Documents’’ and then
(NITRD) National Coordination Office the FASTER CoP Web site. select ‘‘Begin Web-based ADAMS
(NCO) on June 13, 2016. Submitted by the National Science Search.’’ For problems with ADAMS,
Foundation in support of the please contact the NRC’s Public
Suzanne H. Plimpton,
Networking and Information Document Room (PDR) reference staff at
Reports Clearance Officer, National Science Technology Research and Development 1–800–397–4209, 301–415–4737, or by
Foundation.
(NITRD) National Coordination Office email to pdr.resource@nrc.gov. The
[FR Doc. 2016–14249 Filed 6–15–16; 8:45 am]
(NCO) on June 13, 2016. ADAMS accession number for each
BILLING CODE 7555–01–P
Suzanne H. Plimpton,
document referenced in this document
(if that document is available in
Reports Clearance Officer, National Science
NATIONAL SCIENCE FOUNDATION Foundation.
ADAMS) is provided the first time that
a document is referenced. In addition,
[FR Doc. 2016–14251 Filed 6–15–16; 8:45 am]
Faster Administration of Science and for the convenience of the reader, the
BILLING CODE 7555–01–P
Technology Education and Research ADAMS accession numbers are
(FASTER) Community of Practice provided in a table in the section of this
(CoP) document entitled, Availability of
NUCLEAR REGULATORY Documents.
AGENCY: The Networking and COMMISSION
• NRC’s PDR: You may examine and
Information Technology Research and [Docket No. 72–38; NRC–2016–0111] purchase copies of public documents at
Development (NITRD) National
the NRC’s PDR, Room O1–F21, One
Coordination Office (NCO), National Duke Energy; McGuire Independent
Science Foundation. White Flint North, 11555 Rockville
Spent Fuel Storage Installation Pike, Rockville, Maryland 20852.
ACTION: Notice of meetings.
AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT:
Contact: Mr. Fouad Ramia at ramia@ Commission. Richard Baum, Office of Nuclear
nitrd.gov or (703) 292–4873. Reference ACTION: Environmental assessment and Material Safety and Safeguards, U.S.
the NITRD Web site at: http:// finding of no significant impact; Nuclear Regulatory Commission,
www.nitrd.gov/. issuance. Washington, DC 20555–0001; telephone:
Date/Location: The FASTER CoP 301–415–0018, email: Richard.Baum@
meetings will be held monthly (July SUMMARY: The U.S. Nuclear Regulatory
nrc.gov.
2016–June 2017) at the National Science Commission (NRC) is issuing an
Foundation, 4201 Wilson Boulevard, environmental assessment (EA) and a SUPPLEMENTARY INFORMATION:
Arlington, VA 22230. Please note that finding of no significant impact (FONSI)
for its review and approval of the I. Introduction
public seating for these meetings is
limited and is available on a first-come, decommissioning funding plan
The NRC is considering issuance of
first-served basis. WebEx and/or submitted by Duke Energy Carolinas,
the decommissioning funding plan
Teleconference participation is available LLC (Duke), on December 13, 2012, for
(DFP) for the McGuire ISFSI. Duke
for each meeting. Please reference the the Independent Spent Fuel Storage
Installation (ISFSI) at McGuire Nuclear submitted a DFP for NRC review and
FASTER CoP Web site for meeting dates approval by letter dated December 13,
and times. Station (MCG) in Huntersville, North
Carolina. 2012 (ADAMS Accession No.
FASTER Web site: The agendas, ML12353A033). The NRC staff has
minutes, and other meeting materials DATES: The EA and FONSI referenced in prepared a final EA (ADAMS Accession
and information can be found on the this document are available on June 16, No. ML16144A261) in support of its
FASTER Web site at: https:// 2016. review of Duke’s DFP, in accordance
www.nitrd.gov/nitrdgroups/ ADDRESSES: Please refer to Docket ID with the NRC regulations in part 51 of
index.php?title=FASTER. NRC–2016–0111 when contacting the title 10 of the Code of Federal
SUMMARY: The goal of the FASTER CoP NRC about the availability of Regulations (10 CFR), ‘‘Environmental
is to enhance collaboration and information regarding this document. Protection Regulations for Domestic
accelerate agencies’ adoption of You may obtain publicly-available Licensing and Related Regulatory
advanced IT capabilities developed by information related to this document Functions,’’ which implement the
Government-sponsored IT research. using any of the following methods: National Environmental Policy Act of
FASTER, seeks to accelerate • Federal Rulemaking Web site: Go to 1969, as amended (42 U.S.C. 4321 et
deployment of promising research http://www.regulations.gov and search seq.). Based on the EA, the NRC staff has
technologies; share protocol for Docket ID NRC–2016–0111. Address determined that approval of the DFP for
information, standards, and best questions about NRC dockets to Carol the McGuire ISFSI will not significantly
practices; and coordinate and Gallagher; telephone: 301–415–3463; affect the quality of the human
disseminate technology assessment and email: Carol.Gallagher@nrc.gov. For environment, and, accordingly, the staff
testbed results. technical questions, contact the has concluded that a FONSI is
Public Comments: The government individual listed in the FOR FURTHER appropriate. The NRC staff further finds
seeks individual input; attendees/ INFORMATION CONTACT section of this that preparation of an environmental
asabaliauskas on DSK3SPTVN1PROD with NOTICES
participants may provide individual document. impact statement (EIS) is not warranted
advice only. Members of the public are • NRC’s Agencywide Documents because under 10 CFR 51.22(c)(10) or 10
welcome to submit their comments to Access and Management System CFR 51.22(c)(11) do not apply to the
Faster-comments@nitrd.gov. Please note (ADAMS): You may obtain publicly- DFP reviews, since the categorical
that under the provisions of the Federal available documents online in the exclusions only apply to license
Advisory Committee Act (FACA), all ADAMS Public Documents collection at amendments and the 10 CFR 72.30 DFP
public comments and/or presentations http://www.nrc.gov/reading-rm/ reviews and approvals are not license
will be treated as public documents and adams.html. To begin the search, select amendments.
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices 39283
approval of the DFP, submitted in any construction activity, facility accordance with 10 CFR 51.32(a)(4), the
accordance with 10 CFR 72.30(b), will modification, or any other land- FONSI incorporates the EA by reference.
not authorize or result in changes to disturbing activity. The NRC staff has
licensed operations or maintenance concluded that the proposed action is a IV. Availability of Documents
activities, or changes in the types, procedural and administrative action The following documents, related to
characteristics, or quantities of and as such, that the proposed action this Notice, can be found using any of
radiological or non-radiological will not have a significant effect on the
the methods provided in the following
effluents released into the environment quality of the human environment.
table. Instructions for accessing ADAMS
from the ISFSI, or result in the creation Therefore, the NRC staff has determined
of any solid waste. Moreover, the not to prepare an EIS for the proposed were provided under the ADDRESSES
approval of the DFP will not authorize action but will issue this FONSI. In section of this Notice.
ADAMS
Date Document Accession
No.
December 13, 2012 ............ Submission of MCG decommissioning funding plan ...................................................................... ML12353A033
February 1, 2009 ................ Environmental Assessment for Final Rule—Decommissioning Planning ....................................... ML090500648
May 31, 2016 ...................... NRC staff’s Final EA for the approval of the decommissioning funding plan ................................ ML16144A261
Dated at Rockville, Maryland, this 7th day information related to this document I. Introduction
of June 2016. using any of the following methods:
For the Nuclear Regulatory Commission. • Federal Rulemaking Web site: Go to The NRC is considering issuance of
http://www.regulations.gov and search the decommissioning funding plan
Bernard H. White IV,
for Docket ID NRC–2016–0114. Address (DFP) for the H.B. Robinson ISFSI. Duke
Acting Branch Chief, Spent Fuel Licensing submitted a DFP for NRC review and
Branch, Division of Spent Fuel Management, questions about NRC dockets to Carol
Office of Nuclear Material Safety and Gallagher; telephone: 301–415–3464; approval by letter dated December 13,
Safeguards. email: Carol.Gallagher@nrc.gov. For 2012 (ADAMS Accession
[FR Doc. 2016–14252 Filed 6–15–16; 8:45 am] technical questions, contact the No.ML12353A033). The NRC staff has
individual listed in the FOR FURTHER prepared a final EA (ADAMS Accession
BILLING CODE 7590–01–P
INFORMATION CONTACT section of this
No. ML16141B198) in support of its
document. review of Duke’s DFP, in accordance
NUCLEAR REGULATORY • NRC’s Agencywide Documents with the NRC regulations in part 51 of
COMMISSION Access and Management System title 10 of the Code of Federal
(ADAMS): You may obtain publicly- Regulations (10 CFR), ‘‘Environmental
available documents online in the Protection Regulations for Domestic
[Docket No. 72–03; NRC–2016–0114]
ADAMS Public Documents collection at Licensing and Related Regulatory
Duke Energy; H.B. Robinson http://www.nrc.gov/reading-rm/ Functions,’’ which implement the
Independent Spent Fuel Storage adams.html. To begin the search, select National Environmental Policy Act of
Installation ‘‘ADAMS Public Documents’’ and then 1969, as amended (42 U.S.C. 4321 et
select ‘‘Begin Web-based ADAMS seq.). Based on the EA, the NRC staff has
AGENCY: Nuclear Regulatory Search.’’ For problems with ADAMS, determined that approval of the DFP for
Commission. please contact the NRC’s Public the H.B. Robinson ISFSI will not
ACTION: Environmental assessment and Document Room (PDR) reference staff at significantly affect the quality of the
finding of no significant impact; 1–800–397–4209, 301–415–4737, or by human environment, and, accordingly,
issuance. email to pdr.resource@nrc.gov. The the staff has concluded that a FONSI is
ADAMS accession number for each appropriate. The NRC staff further finds
SUMMARY: The U.S. Nuclear Regulatory document referenced (if it is available in that preparation of an environmental
Commission (NRC) is issuing an ADAMS) is provided the first time that impact statement (EIS) is not warranted
environmental assessment (EA) and a it is mentioned in this document. In because under 10 CFR 51.22(c)(10) or 10
finding of no significant impact (FONSI) addition, for the convenience of the CFR 51.22 (c)(11) do not apply to the
for its review and approval of the reader, the ADAMS accession numbers DFP reviews, since the categorical
decommissioning funding plan are provided in a table in the exclusion only apply to license
submitted by Duke Energy Carolinas, ‘‘Availability of Documents’’ section of amendments and the 10 CFR 72.30 DFP
LLC (Duke), on December 13, 2012, for this document. reviews and approvals are not license
the Independent Spent Fuel Storage • NRC’s PDR: You may examine and amendment.
Installation (ISFSI) at H.B. Robinson purchase copies of public documents at
Steam Electric Plant, Unit 2 (HBR), II. Environmental Assessment
the NRC’s PDR, Room O1–F21, One
located in Darlington County, South White Flint North, 11555 Rockville Background
Carolina. Pike, Rockville, Maryland 20852. The H.B. Robinson ISFSI is located in
asabaliauskas on DSK3SPTVN1PROD with NOTICES
DATES: The EA and FONSI referenced in FOR FURTHER INFORMATION CONTACT: Darlington County, South Carolina.
this document are available on June 16, Richard Baum, Office of Nuclear Duke is authorized by the NRC, under
2016. Material Safety and Safeguards, U.S. License Nos. SNM–2502 and SFGL–26,
ADDRESSES: Please refer to Docket ID Nuclear Regulatory Commission, to store spent nuclear fuel at the H.B.
NRC–2016–0114 when contacting the Washington, DC 20555.-0001; Robinson ISFSI.
NRC about the availability of telephone: 301–415–0018, email: The NRC requires its licensees to plan
information regarding this document. Richard.Baum@nrc.gov. for the eventual decommissioning of
You may obtain publicly-available SUPPLEMENTARY INFORMATION: their licensed facilities prior to license
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Document Created: 2016-06-16 00:37:15
Document Modified: 2016-06-16 00:37:15
| 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 | Environmental assessment and finding of no significant impact; issuance. | |
| Dates | The EA and FONSI referenced in this document are available on June 16, 2016. | |
| Contact | Richard Baum, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0018, email: [email protected] | |
| FR Citation | 81 FR 39281 |
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