81_FR_39401 81 FR 39285 - Duke Energy; Brunswick Independent Spent Fuel Storage Installation

81 FR 39285 - Duke Energy; Brunswick Independent Spent Fuel Storage Installation

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range39285-39287
FR Document2016-14253

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 the Brunswick Steam Electric Plant (BSEP) in Brunswick County, North Carolina.

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39285-39287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14253]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-06; NRC-2016-0112]


Duke Energy; Brunswick 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 the 
Brunswick Steam Electric Plant (BSEP) in Brunswick County, North 
Carolina.

DATES: The EA and FONSI referenced in this document are available on 
June 16, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0112 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-2016-0112. 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 Brunswick 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. ML16144A362) 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 Brunswick 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 Brunswick ISFSI is located in Southport, North Carolina. Duke 
is authorized by NRC, under License No. SFGL-41, to store spent nuclear 
fuel at the Brunswick 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

[[Page 39286]]

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 the 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 BSEP.

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 the licensee'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 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

[[Page 39287]]

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
                                    Duke's
                                    decommissionin
                                    g funding plan.
February 1, 2009.................  Environmental    ML090500648
                                    Assessment for
                                    Final Rule--
                                    Decommissionin
                                    g Planning.
May 31, 2016.....................  NRC staff's      ML16144A362
                                    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. 2016-14253 Filed 6-15-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                        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


                                               VerDate Sep<11>2014      18:04 Jun 15, 2016      Jkt 238001      PO 00000   Frm 00039   Fmt 4703   Sfmt 4703   E:\FR\FM\16JNN1.SGM      16JNN1


                                                    39286                         Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    assurance, i.e., that funds will be                     result in any changes in the types,                    from the ISFSI, or result in the creation
                                                    available to decommission the ISFSI.                    characteristics, or quantities of                      of any solid waste. The FWS has
                                                    The NRC staff is reviewing the DFP                      radiological or non-radiological                       concurred with the NRC’s determination
                                                    submitted by Duke on December 13,                       effluents released into the environment                that the proposed action is not likely to
                                                    2012. Specifically, the NRC must                        from the ISFSI, or result in the creation              adversely affect listed species or critical
                                                    determine whether Duke’s DFP contains                   of any solid waste. Moreover, the                      habitat.
                                                    the information required by 10 CFR                      approval of the DFP will not authorize
                                                    72.30(b) and whether Duke has                           any construction activity or facility                  Alternative to the Proposed Action
                                                    provided reasonable assurance that                      modification. Therefore, the NRC staff                    In addition to the proposed action, the
                                                    funds will be available to decommission                 concludes that the approval of the DFP                 NRC evaluated the no-action alternative.
                                                    the ISFSI.                                              is a procedural and administrative                     The no-action alternative is to deny
                                                                                                            action that will not result in any                     Duke’s DFP. A denial of a DFP that
                                                    Description of the Proposed Action
                                                                                                            significant impact to the environment.                 meets the criteria of 10 CFR 72.30(b)
                                                      The proposed action is the NRC’s                         Section 106 of the National Historic                does not support the regulatory intent of
                                                    review and approval of Duke’s DFP                       Preservation Act of 1966, as amended                   the 2011 rulemaking. As noted in the
                                                    submitted in accordance with 10 CFR                     (NHPA), requires federal agencies to                   rulemaking EA (ADAMS Accession No.
                                                    72.30(b). To approve the DFP, the NRC                   consider the effects of their                          ML090500648), not promulgating the
                                                    will evaluate whether the                               undertakings on historic properties. In                2011 final rule would have increased
                                                    decommissioning cost estimate (DCE)                     accordance with the NHPA                               the likelihood of additional legacy sites.
                                                    adequately estimates the cost to conduct                implementing regulations at 36 CFR part                Thus, denying the licensee’s DFP,
                                                    the required ISFSI decommissioning                      800, ‘‘Protection of Historic Properties,’’            which the NRC has found to meet the
                                                    activities prior to license termination,                NRC’s approval of Duke’s DFP                           criteria of 10 CFR 72.30(b), will
                                                    including identification of the volume                  constitutes a federal undertaking. The                 undermine the licensee’s
                                                    of onsite subsurface material containing                NRC, however, has determined that the                  decommissioning planning. On this
                                                    residual radioactivity that will require                approval of the DFP is a type of                       basis, the NRC has concluded that the
                                                    remediation to meet the license                         undertaking that does not have the                     no-action alternative is not a viable
                                                    termination criteria in 10 CFR 20.1402                  potential to cause effects on historic                 alternative.
                                                    or 10 CFR 20.1403. NRC will also                        properties, assuming such historic
                                                    evaluate whether the aggregate dollar                   properties were present, because the                   Agencies and Persons Consulted
                                                    amount of Duke’s financial instruments                  NRC’s approval of Duke’s DFP will not
                                                                                                                                                                      The NRC staff consulted with other
                                                    provide adequate financial assurance to                 authorize or result in changes to
                                                                                                                                                                   agencies and parties regarding the
                                                    cover the DCE and that the financial                    licensed operations or maintenance
                                                                                                                                                                   environmental impacts of the proposed
                                                    instruments meet the criteria of 10 CFR                 activities, or changes in the types,
                                                                                                                                                                   action. The NRC provided a draft of its
                                                    72.30(e).                                               characteristics, or quantities of
                                                                                                                                                                   EA to the North Carolina Department of
                                                      The proposed action does not require                  radiological or non-radiological
                                                                                                            effluents released into the environment                Health and Human Services on August
                                                    any changes to the ISFSI’s licensed
                                                                                                            from the ISFSI, or result in the creation              10, 2015, and gave them 30 days to
                                                    routine operations, maintenance
                                                                                                            of any solid waste. Therefore, in                      respond. The State never responded.
                                                    activities, or monitoring programs, nor
                                                                                                            accordance with 36 CFR 800.3(a)(1), no                 The NRC also consulted with the FWS.
                                                    does it require any new construction or
                                                                                                            consultation is required under Section                 The FWS concurred with the NRC’s
                                                    land disturbing activities. The scope of
                                                                                                            106 of the NHPA.                                       determination that the proposed action
                                                    the proposed action concerns only the
                                                                                                               Under Section 7 of the Endangered                   is not likely to adversely affect listed
                                                    NRC’s review and approval of the
                                                                                                            Species Act of 1973, prior to taking a                 species or critical habitat.
                                                    Duke’s DFP. The scope of the proposed
                                                    action does not include, and will not                   proposed action, a federal agency must                 III. Finding of No Significant Impact
                                                    result in, the review and approval of any               determine whether (i) endangered and
                                                    decontamination or decommissioning                      threatened species or their critical                      The NRC staff has determined that the
                                                    activity or license termination for the                 habitats are known to be in the vicinity               proposed action, the review and
                                                    ISFSI or any other part of BSEP.                        of the proposed action and if so,                      approval of the DFP, submitted in
                                                                                                            whether (ii) the proposed Federal action               accordance with 10 CFR 72.30(b), will
                                                    Need for the Proposed Action                            may affect listed species or critical                  not authorize or result in changes to
                                                      The proposed action provides a                        habitats. If the proposed action may                   licensed operations or maintenance
                                                    means for Duke to demonstrate that it                   affect listed species or critical habitats,            activities, or changes in the types,
                                                    will have sufficient funding to cover the               the federal agency is required to consult              characteristics, or quantities of
                                                    costs of decommissioning the ISFSI,                     with the U.S. Fish and Wildlife Service                radiological or non-radiological
                                                    including the reduction of the residual                 (FWS) and/or the U.S. National Marine                  effluents released into the environment
                                                    radioactivity at the ISFSI to the level                 Fisheries Service. In accordance with 50               from the ISFSI, or result in the creation
                                                    specified by the applicable NRC license                 CFR 402.13, the NRC has engaged in                     of any solid waste. Moreover, the
                                                    termination regulations concerning                      informal consultation with the FWS.                    approval of the DFP will not authorize
                                                    release of the property (10 CFR 20.1402                 The NRC has determined that the                        any construction activity, facility
                                                    or 10 CFR 20.1403).                                     proposed action is not likely to                       modification, or any other land-
                                                                                                            adversely affect listed species or their               disturbing activity. The NRC staff has
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Environmental Impacts of the Proposed                   critical habitats because the NRC’s                    concluded that the proposed action is a
                                                    Action                                                  approval of Duke’s DFP will not                        procedural and administrative action
                                                      The NRC’s approval of the DFP will                    authorize or result in changes to                      and as such, that the proposed action
                                                    not change the scope or nature of the                   licensed operations or maintenance                     will not have a significant effect on the
                                                    operation of the ISFSI and will not                     activities, or changes in the types,                   quality of the human environment.
                                                    authorize any changes to licensed                       characteristics, or quantities of                      Therefore, the NRC staff has determined
                                                    operations or maintenance activities.                   radiological or non-radiological                       not to prepare an EIS for the proposed
                                                    The NRC’s approval of the DFP will not                  effluents released into the environment                action but will issue this FONSI. In


                                               VerDate Sep<11>2014   18:04 Jun 15, 2016   Jkt 238001   PO 00000   Frm 00040   Fmt 4703   Sfmt 4703   E:\FR\FM\16JNN1.SGM   16JNN1


                                                                                     Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices                                                             39287

                                                    accordance with 10 CFR 51.32(a)(4), the                      IV. Availability of Documents                               the methods provided in the following
                                                    FONSI incorporates the EA by reference.                                                                                  table. Instructions for accessing ADAMS
                                                                                                                   The following documents, related to                       were provided under the ADDRESSES
                                                                                                                 this Notice, can be found using any of                      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 ................................               ML16144A362



                                                      Dated at Rockville, Maryland, this 7th day                 INFORMATION CONTACT    section of this                      National Environmental Policy Act of
                                                    of June 2016.                                                document.                                                   1969, as amended (42 U.S.C. 4321 et
                                                      For the Nuclear Regulatory Commission.                        • NRC’s Agencywide Documents                             seq.). Based on the EA, the NRC staff has
                                                    Bernard H. White IV,                                         Access and Management System                                determined that approval of Duke’s DFP
                                                    Acting Branch Chief, Spent Fuel Licensing                    (ADAMS): You may obtain publicly-                           for the Catawba ISFSI will not
                                                    Branch, Division of Spent Fuel Management                    available documents online in the                           significantly affect the quality of the
                                                    Office of Nuclear Material Safety and                        ADAMS Public Documents collection at                        human environment, and, accordingly,
                                                    Safeguards.                                                  http://www.nrc.gov/reading-rm/                              the staff has concluded that a FONSI is
                                                    [FR Doc. 2016–14253 Filed 6–15–16; 8:45 am]                  adams.html. To begin the search, select
                                                                                                                                                                             appropriate. The NRC staff further finds
                                                    BILLING CODE 7590–01–P                                       ‘‘ADAMS Public Documents’’ and then
                                                                                                                                                                             that preparation of an environmental
                                                                                                                 select ‘‘Begin Web-based ADAMS
                                                                                                                                                                             impact statement (EIS) is not warranted
                                                                                                                 Search.’’ For problems with ADAMS,
                                                    NUCLEAR REGULATORY                                           please contact the NRC’s Public                             because under 10 CFR 51.22(c)(10) or 10
                                                    COMMISSION                                                   Document Room (PDR) reference staff at                      CFR 51.22(c)(11) do not apply to the
                                                                                                                 1–800–397–4209, 301–415–4737, or by                         DFP reviews, since the categorical
                                                                                                                 email to pdr.resource@nrc.gov. The                          exclusion only apply to license
                                                    [Docket No. 72–45; NRC–2016–0113]
                                                                                                                 ADAMS accession number for each                             amendments and the 10 CFR 72.30 DFP
                                                    Duke Energy; Catawba Independent                             document referenced (if it is available in                  reviews and approvals are not license
                                                    Spent Fuel Storage Installation                              ADAMS) is provided the first time that                      amendment.
                                                                                                                 it is mentioned in this document. In                        II. Environmental Assessment
                                                    AGENCY:  Nuclear Regulatory                                  addition, for the convenience of the
                                                    Commission.                                                  reader, the ADAMS accession numbers                         Background
                                                    ACTION: Environmental assessment and                         are provided in a table in the
                                                    finding of no significant impact;                            ‘‘Availability of Documents’’ section of                       The Catawba ISFSI is located in York
                                                    issuance.                                                    this document.                                              County, South Carolina is authorized by
                                                                                                                    • NRC’s PDR: You may examine and                         the NRC, under License No. SFGL–31,
                                                    SUMMARY:    The U.S. Nuclear Regulatory                      purchase copies of public documents at                      to store spent nuclear fuel at the
                                                    Commission (NRC) is issuing an                               the NRC’s PDR, Room O1–F21, One                             Catawba ISFSI.
                                                    environmental assessment (EA) and a                          White Flint North, 11555 Rockville
                                                    finding of no significant impact (FONSI)                                                                                    The NRC requires its licensees to plan
                                                                                                                 Pike, Rockville, Maryland 20852.                            for the eventual decommissioning of
                                                    for its review and approval of the                           FOR FURTHER INFORMATION CONTACT:
                                                    decommissioning funding plan                                                                                             their licensed facilities prior to license
                                                                                                                 Richard Baum, Office of Nuclear                             termination. On June 17, 2011 (76 FR
                                                    submitted by Duke Energy Carolinas,                          Material Safety and Safeguards, U.S.
                                                    LLC (Duke), on December 13, 2012, for                                                                                    35512), the NRC published a final rule
                                                                                                                 Nuclear Regulatory Commission,                              in the Federal Register amending its
                                                    the Independent Spent Fuel Storage                           Washington, DC 20555–0001; telephone:
                                                    Installation (ISFSI) at Catawba Nuclear                                                                                  decommissioning planning regulations.
                                                                                                                 301–415–0018, email: Richard.Baum@
                                                    Station (CNS), located in York County,                                                                                   The final rule amended the NRC
                                                                                                                 nrc.gov.
                                                    South Carolina.                                                                                                          regulation in 10 CFR 72.30, which
                                                                                                                 SUPPLEMENTARY INFORMATION:                                  concerns financial assurance and
                                                    DATES: The EA and FONSI referenced in
                                                    this document are available on June 16,                      I. Introduction                                             decommissioning for ISFSIs. This
                                                    2016.                                                                                                                    regulation now requires each holder of,
                                                                                                                    The NRC is considering issuance of
                                                    ADDRESSES: Please refer to Docket ID
                                                                                                                                                                             or applicant for, a license under 10 CFR
                                                                                                                 the decommissioning funding plan
                                                    NRC–2016–0113 when contacting the                                                                                        part 72 to submit, for NRC review and
                                                                                                                 (DFP) for the Catawba ISFSI. Duke
                                                    NRC about the availability of                                submitted a DFP for NRC review and                          approval, a DFP. The purpose of the
                                                    information regarding this document.                         approval by letter dated December 13,                       DFP is to demonstrate the licensee’s
                                                    You may obtain publicly-available                            2012 (ADAMS Accession No.                                   financial assurance, i.e., that funds will
                                                    information related to this document                         ML12353A033). The NRC staff has                             be available to decommission the ISFSI.
                                                    using any of the following methods:                          prepared a final EA (ADAMS Accession                        The NRC staff is reviewing the DFP
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       • Federal Rulemaking Web site: Go to                      No. ML16144A026) in support of its                          submitted by Duke on December 13,
                                                    http://www.regulations.gov and search                        review of Duke’s DFP, in accordance                         2012. Specifically, the NRC must
                                                    for Docket ID NRC–2016–0113. Address                         with the NRC’s regulations in part 51 of                    determine whether Duke’s DFP contains
                                                    questions about NRC dockets to Carol                         title 10 of the Code of Federal                             the information required by 10 CFR
                                                    Gallagher; telephone: 301–415–3463;                          Regulations (10 CFR), ‘‘Environmental                       72.30(b) and whether Duke has
                                                    email: Carol.Gallagher@nrc.gov. For                          Protection Regulations for Domestic                         provided reasonable assurance that
                                                    technical questions, contact the                             Licensing and Related Regulatory                            funds will be available to decommission
                                                    individual listed in the FOR FURTHER                         Functions,’’ which implement the                            the ISFSI.


                                               VerDate Sep<11>2014     18:04 Jun 15, 2016   Jkt 238001    PO 00000    Frm 00041    Fmt 4703    Sfmt 4703    E:\FR\FM\16JNN1.SGM       16JNN1



Document Created: 2016-06-16 00:37:26
Document Modified: 2016-06-16 00:37:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionEnvironmental assessment and finding of no significant impact; issuance.
DatesThe EA and FONSI referenced in this document are available on June 16, 2016.
ContactRichard 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 Citation81 FR 39285 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR