81 FR 39287 - Duke Energy; Catawba 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 | 39287-39289 | |
| FR Document | 2016-14261 |
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)] [Notices] [Pages 39287-39289] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14261] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 72-45; NRC-2016-0113] Duke Energy; Catawba 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 Catawba Nuclear Station (CNS), located in York 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-2016-0113 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-2016-0113. 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 (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 Catawba 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. ML16144A026) in support of its review of Duke's DFP, in accordance with the NRC's 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 Duke's DFP for the Catawba 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 Catawba ISFSI is located in York County, South Carolina is authorized by the NRC, under License No. SFGL-31, to store spent nuclear fuel at the Catawba ISFSI. The NRC requires its licensees to plan for the eventual decommissioning of their licensed facilities prior to license 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. [[Page 39288]] 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 Catawba. 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 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. [[Page 39289]] ------------------------------------------------------------------------ Date Document ADAMS Accession No. ------------------------------------------------------------------------ December 13, 2012................ Submission of ML12353A033 Duke decommissionin g funding plan. February 1, 2009................. Environmental ML090500648 Assessment for Final Rule-- Decommissionin g Planning. May 31, 2016..................... NRC staff's ML16144A026 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. 2016-14261 Filed 6-15-16; 8:45 am] BILLING CODE 7590-01-P
![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.
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices 39289
ADAMS
Date Document Accession No.
December 13, 2012 ............ Submission of Duke 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 ................................ ML16144A026
Dated at Rockville, Maryland, this 7th day available documents online in the appropriate. The NRC staff further finds
of June 2016. ADAMS Public Documents collection at that preparation of an environmental
For the Nuclear Regulatory Commission. http://www.nrc.gov/reading-rm/ impact statement (EIS) is not warranted
Bernard H. White IV, adams.html. To begin the search, select because under 10 CFR 51.22(c)(10) or 10
Acting Branch Chief, Spent Fuel Licensing ‘‘ADAMS Public Documents’’ and then CFR 51.22(c)(11) do not apply to the
Branch, Division of Spent Fuel Management, select ‘‘Begin Web-based ADAMS DFP reviews, since the categorical
Office of Nuclear Material Safety and Search.’’ For problems with ADAMS, exclusion only apply to license
Safeguards. please contact the NRC’s Public amendments and the 10 CFR 72.30 DFP
[FR Doc. 2016–14261 Filed 6–15–16; 8:45 am] Document Room (PDR) reference staff at reviews and approvals are not license
BILLING CODE 7590–01–P 1–800–397–4209, 301–415–4737, or by amendment.
email to pdr.resource@nrc.gov. The
II. Environmental Assessment
ADAMS accession number for each
NUCLEAR REGULATORY document referenced in this document Background
COMMISSION (if that document is available in The Oconee ISFSI is located in
[Docket No. 72–04; NRC–2016–0110] ADAMS) is provided the first time that Oconee County, South Carolina. Duke is
a document is referenced. In addition, authorized by the NRC, under License
Duke Energy; Oconee Independent for the convenience of the reader, the No. SFGL–06 and SNM–2503 to store
Spent Fuel Storage Installation ADAMS accession numbers are spent nuclear fuel at the Oconee ISFSI.
AGENCY: Nuclear Regulatory provided in a table in the section of this
The NRC requires its licensees to plan
Commission. document entitled, Availability of
for the eventual decommissioning of
Documents.
ACTION: Environmental assessment and their licensed facilities prior to license
• NRC’s PDR: You may examine and
finding of no significant impact; termination. On June 17, 2011, the NRC
purchase copies of public documents at
issuance. published a final rule in the Federal
the NRC’s PDR, Room O1–F21, One
Register amending its decommissioning
SUMMARY: The U.S. Nuclear Regulatory White Flint North, 11555 Rockville
planning regulations (76 FR 35512). The
Commission (NRC) is issuing an Pike, Rockville, Maryland 20852.
final rule amended the NRC regulation,
environmental assessment (EA) and a FOR FURTHER INFORMATION CONTACT: 10 CFR 72.30, which concerns financial
finding of no significant impact (FONSI) Richard Baum, Office of Nuclear assurance and decommissioning for
for its review and approval of the Material Safety and Safeguards, U.S. ISFSIs. This regulation now requires
decommissioning funding plan Nuclear Regulatory Commission, each holder of, or applicant for, a
submitted by Duke Energy Carolinas, Washington, DC 20555–0001; telephone: license under 10 CFR part 72 to submit,
LLC (Duke), on December 13, 2012, for 301–415–0018, email: Richard.Baum@ for NRC review and approval, a DFP.
the Independent Spent Fuel Storage nrc.gov. The purpose of the DFP is to
Installation (ISFSI) at Oconee Nuclear SUPPLEMENTARY INFORMATION: demonstrate the licensee’s financial
Station in Oconee County, South assurance, i.e., that funds will be
Carolina. I. Introduction available to decommission the ISFSI.
DATES: The EA and FONSI referenced in The NRC is considering issuance of The NRC staff is reviewing the DFP
this document are available on June 16, the decommissioning funding plan submitted by Duke on December 13,
2016. (DFP) for the Oconee ISFSI. Duke 2012. Specifically, the NRC must
ADDRESSES: Please refer to Docket ID submitted a DFP for NRC review and determine whether Duke’s DFP contains
NRC–2016–0110 when contacting the approval by letter dated December 13, the information required by 10 CFR
NRC about the availability of 2012 (ADAMS Accession No. 72.30(b) and whether Duke has
information regarding this document. ML12353A033). The NRC staff has provided reasonable assurance that
You may access information related to prepared a final EA (ADAMS Accession funds will be available to decommission
this document, which the NRC No. ML16141A277) in support of its the ISFSI.
possesses and is publicly available, review of Duke’s DFP, in accordance
with the NRC regulations in part 51 of Description of the Proposed Action
using any of the following methods:
• Federal Rulemaking Web site: Go to title 10 of the Code of Federal The proposed action is the NRC’s
http://www.regulations.gov and search Regulations (10 CFR), ‘‘Environmental review and approval of Duke’s DFP
for Docket ID NRC–2016–0110. Address Protection Regulations for Domestic submitted in accordance with 10 CFR
questions about NRC dockets to Carol Licensing and Related Regulatory 72.30(b). To approve the DFP, the NRC
Gallagher; telephone: 301–287–3463; Functions,’’ which implement the will evaluate whether the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
email: Carol.Gallagher@nrc.gov. For National Environmental Policy Act of decommissioning cost estimate (DCE)
technical questions, contact the 1969, as amended (42 U.S.C. 4321 et adequately estimates the cost to conduct
individual listed in the FOR FURTHER seq.). Based on the EA, the NRC staff has the required ISFSI decommissioning
INFORMATION CONTACT section of this determined that approval of the DFP for activities prior to license termination,
document. the Oconee ISFSI will not significantly including identification of the volume
• NRC’s Agencywide Documents affect the quality of the human of onsite subsurface material containing
Access and Management System environment, and, accordingly, the staff residual radioactivity that will require
(ADAMS): You may obtain publicly- has concluded that a FONSI is remediation to meet the license
VerDate Sep<11>2014 18:04 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\16JNN1.SGM 16JNN1](https://thefederalregister.org/doc/81_FR_39403/page/3.svg)
Document Created: 2016-06-16 00:37:30
Document Modified: 2016-06-16 00:37:30
| 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 39287 |
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