81 FR 6549 - Portland General Electric Company; Trojan Independent Spent Fuel Storage Installation in Columbia County, Oregon

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 25 (February 8, 2016)

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 Portland General Electric Company (PGE), on December 13, 2012, for the Trojan independent spent fuel storage installation (ISFSI).

[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6549-6551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02381]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-17; NRC-2016-0021]


Portland General Electric Company; Trojan Independent Spent Fuel 
Storage Installation in Columbia County, Oregon

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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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 Portland General Electric Company (PGE), on December 13, 
2012, for the Trojan independent spent fuel storage installation 
(ISFSI).

ADDRESSES: Please refer to Docket ID NRC-2016-0021 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-2016-0021. 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 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, ``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: Jose Cuadrado, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0606, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering the approval of the decommissioning funding 
plan (DFP) for the Trojan ISFSI. Portland General Electric Company 
(PGE), submitted its DFP for NRC's review and approval by letter dated 
December 13, 2012 (ADAMS Accession No. ML12355A286). The NRC staff has 
prepared an EA (ADAMS Accession No. ML16029A242) in support of its 
review of PGE'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 the DFP 
for the Trojan 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.

II. Environmental Assessment Summary

Background

    The Trojan ISFSI is located on the Trojan Nuclear Plant site, in 
Columbia County, Oregon, approximately 42 miles north of the city of 
Portland, Oregon. Portland General Electric Company (PGE) is authorized 
by the NRC, under License No. SNM-2509, to store spent nuclear fuel at 
the Trojan 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's 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's 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 
PGE on December 13, 2012. Specifically, the NRC must determine whether 
PGE's DFP contains the information required by 10 CFR 72.30(b) and 
whether PGE has provided reasonable assurance that funds will be 
available to decommission the ISFSI.

Proposed Action

    The proposed federal action is the NRC's review and approval of 
PGE's DFP submitted in accordance with 10 CFR 72.30(b). In order to 
approve the DFP, the NRC will evaluate (i) 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, 
and (ii) whether the aggregate dollar amount of PGE's financial 
instruments provide adequate

[[Page 6550]]

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 PGE'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.

Purpose and Need for the Proposed Action

    The proposed action provides a means for PGE 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's 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,'' the NRC's approval of PGE'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 PGE'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 PGE'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 PGE'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 State of Oregon's Department of Nuclear Energy 
on June 24, 2015. The State responded via email on June 29, 2015, 
stating that it had no comments on the proposed action. 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

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                                                       ADAMS  Accession
             Date                     Document                No.
------------------------------------------------------------------------
December 13, 2012............  Submission of PGE's    ML12355A286
                                decommissioning
                                funding plan.
February 1, 2009.............  Environmental          ML090500648
                                Assessment for Final
                                Rule--Decommissionin
                                g Planning.
January 20, 2016.............  NRC staff's EA for     ML16029A242
                                the approval of the
                                decommissioning
                                funding plan.
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[[Page 6551]]

    The following documents, related to this document, 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 
document.

    Dated at Rockville, Maryland, this 1st day of February, 2016.

    For the Nuclear Regulatory Commission.
Steve Ruffin,
Acting Branch Chief, Spent Fuel Licensing Branch, Division of Spent 
Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-02381 Filed 2-5-16; 8:45 am]
 BILLING CODE 7590-01-P