81 FR 39283 - Duke Energy; H.B. Robinson 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 | 39283-39285 | |
| FR Document | 2016-14258 |
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)] [Notices] [Pages 39283-39285] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14258] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 72-03; NRC-2016-0114] Duke Energy; H.B. Robinson 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 H.B. Robinson Steam Electric Plant, Unit 2 (HBR), located in Darlington County, South Carolina. DATES: The EA and FONSI referenced in this document are available on June 16, 2016. ADDRESSES: Please refer to Docket ID NRC-2016-0114 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-2016-0114. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3464; 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 (if it is available in ADAMS) is provided the first time that it is mentioned in this document. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in the ``Availability of Documents'' section of this document. 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 H.B. Robinson 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. ML16141B198) 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 H.B. Robinson 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 exclusion only apply to license amendments and the 10 CFR 72.30 DFP reviews and approvals are not license amendment. II. Environmental Assessment Background The H.B. Robinson ISFSI is located in Darlington County, South Carolina. Duke is authorized by the NRC, under License Nos. SNM-2502 and SFGL-26, to store spent nuclear fuel at the H.B. Robinson ISFSI. The NRC requires its licensees to plan for the eventual decommissioning of their licensed facilities prior to license [[Page 39284]] termination. On June 17, 2011 (76 FR 35512), the NRC published a final rule in the Federal Register amending its decommissioning planning regulations. The final rule amended the NRC regulation in 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. The 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 H.B. Robinson. 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 Duke'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 South 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 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 [[Page 39285]] 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 Duke's ML12353A033 decommissioning funding plan. February 1, 2009............ Environmental ML090500648 Assessment for Final Rule-- Decommissioning Planning. May 31, 2016................ NRC staff's Final EA ML16141B198 for the approval of the decommissioning 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. 2016-14258 Filed 6-15-16; 8:45 am] BILLING CODE 7590-01-P
![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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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices 39285
approval of the DFP will not authorize will not have a significant effect on the IV. Availability of Documents
any construction activity, facility quality of the human environment. The following documents, related to
modification, or any other land- Therefore, the NRC staff has determined this Notice, can be found using any of
disturbing activity. The NRC staff has not to prepare an EIS for the proposed the methods provided in the following
concluded that the proposed action is a action but will issue this FONSI. In table. Instructions for accessing ADAMS
procedural and administrative action accordance with 10 CFR 51.32(a)(4), the were provided under the ADDRESSES
and as such, that the proposed action FONSI incorporates the EA by reference. section of this Notice.
ADAMS
Date Document Accession
No.
December 13, 2012 .................................. Submission of Duke’s 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 .......... ML16141B198
Dated at Rockville, Maryland, this 7th day email: Carol.Gallagher@nrc.gov. For prepared a Final EA (ADAMS Accession
of June 2016. technical questions, contact the No. ML16144A362) in support of its
For the Nuclear Regulatory Commission. individual listed in the FOR FURTHER review of Duke’s DFP, in accordance
Bernard H. White IV, INFORMATION CONTACT section of this with the NRC regulations in part 51 of
Acting Branch Chief, Spent Fuel Licensing document. title 10 of the Code of Federal
Branch, Division of Spent Fuel Management, • NRC’s Agencywide Documents Regulations (10 CFR), ‘‘Environmental
Office of Nuclear Material Safety and Access and Management System Protection Regulations for Domestic
Safeguards. (ADAMS): You may obtain publicly- Licensing and Related Regulatory
[FR Doc. 2016–14258 Filed 6–15–16; 8:45 am] available documents online in the Functions,’’ which implement the
BILLING CODE 7590–01–P ADAMS Public Documents collection at National Environmental Policy Act of
http://www.nrc.gov/reading-rm/ 1969, as amended (42 U.S.C. 4321 et
adams.html. To begin the search, select seq.). Based on the EA, the NRC staff has
NUCLEAR REGULATORY ‘‘ADAMS Public Documents’’ and then determined that approval of the DFP for
COMMISSION select ‘‘Begin Web-based ADAMS the Brunswick ISFSI will not
[Docket No. 72–06; NRC–2016–0112] Search.’’ For problems with ADAMS, significantly affect the quality of the
please contact the NRC’s Public human environment, and, accordingly,
Duke Energy; Brunswick Independent Document Room (PDR) reference staff at the staff has concluded that a FONSI is
Spent Fuel Storage Installation 1–800–397–4209, 301–415–4737, or by appropriate. The NRC staff further finds
email to pdr.resource@nrc.gov. The that preparation of an environmental
AGENCY: Nuclear Regulatory ADAMS accession number for each impact statement (EIS) is not warranted
Commission. document referenced in this document because under 10 CFR 51.22(c)(10) or 10
ACTION: Environmental assessment and (if that document is available in CFR 51.22 (c)(11) do not apply to the
finding of no significant impact; ADAMS) is provided the first time that DFP reviews, since the categorical
issuance. a document is referenced. In addition, exclusion only apply to license
SUMMARY: The U.S. Nuclear Regulatory for the convenience of the reader, the amendments and the 10 CFR 72.30 DFP
Commission (NRC) is issuing an ADAMS accession numbers are reviews and approvals are not license
environmental assessment (EA) and a provided in a table in the section of this amendment.
finding of no significant impact (FONSI) document entitled, Availability of
II. Environmental Assessment
for its review and approval of the Documents.
decommissioning funding plan • NRC’s PDR: You may examine and Background
submitted by Duke Energy Carolinas, purchase copies of public documents at
The Brunswick ISFSI is located in
LLC (Duke), on December 13, 2012, for the NRC’s PDR, Room O1–F21, One
Southport, North Carolina. Duke is
the Independent Spent Fuel Storage White Flint North, 11555 Rockville
authorized by NRC, under License No.
Installation (ISFSI) at the Brunswick Pike, Rockville, Maryland 20852.
SFGL–41, to store spent nuclear fuel at
Steam Electric Plant (BSEP) in FOR FURTHER INFORMATION CONTACT: the Brunswick ISFSI.
Brunswick County, North Carolina. Richard Baum, Office of Nuclear The NRC requires its licensees to plan
DATES: The EA and FONSI referenced in Material Safety and Safeguards, U.S. for the eventual decommissioning of
this document are available on June 16, Nuclear Regulatory Commission, their licensed facilities prior to license
2016. Washington, DC 20555–0001; telephone: termination. On June 17, 2011, the NRC
ADDRESSES: Please refer to Docket ID
301–415–0018, email: Richard.Baum@ published a final rule in the Federal
NRC–2016–0112 when contacting the nrc.gov. Register amending its decommissioning
NRC about the availability of SUPPLEMENTARY INFORMATION: planning regulations (76 FR 35512). The
information regarding this document. final rule amended the NRC regulation,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
I. Introduction 10 CFR 72.30, which concerns financial
You may obtain publicly-available
information related to this document The NRC is considering issuance of assurance and decommissioning for
using any of the following methods: the decommissioning funding plan ISFSIs. This regulation now requires
• Federal Rulemaking Web site: Go to (DFP) for the Brunswick ISFSI. Duke each holder of, or applicant for, a
http://www.regulations.gov and search submitted a DFP for NRC review and license under 10 CFR part 72 to submit,
for Docket ID NRC–2016–0112. Address approval by letter dated December 13, for NRC review and approval, a DFP.
questions about NRC dockets to Carol 2012 (ADAMS Accession No. The purpose of the DFP is to
Gallagher; telephone: 301–415–3463; ML12353A033). The NRC staff has demonstrate the licensee’s financial
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Document Created: 2016-06-16 00:37:44
Document Modified: 2016-06-16 00:37:44
| 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 39283 |
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