82_FR_13059 82 FR 13015 - Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station

82 FR 13015 - Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 44 (March 8, 2017)

Page Range13015-13018
FR Document2017-04542

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft environmental assessment (EA) and finding of no significant impact (FONSI) regarding the issuance of two exemptions in response to a January 6, 2015 request from Entergy Nuclear Operations, Inc. (Entergy or the licensee), representing itself and the other owners of the Vermont Yankee Nuclear Power Station (VY). The exemptions allow the licensee to use funds from the VY decommissioning funds trust (the Trust) for irradiated fuel management activities without prior notice to the NRC.

Federal Register, Volume 82 Issue 44 (Wednesday, March 8, 2017)
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13015-13018]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04542]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271; NRC-2015-0157]


Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power 
Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft environmental assessment and finding of no significant 
impact; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment a draft environmental assessment (EA) and finding of no 
significant impact (FONSI) regarding the issuance of two exemptions in 
response to a January 6, 2015 request from Entergy Nuclear Operations, 
Inc. (Entergy or the licensee), representing itself and the other 
owners of the Vermont Yankee Nuclear Power Station (VY). The exemptions 
allow the licensee to use funds from the VY decommissioning funds trust 
(the Trust) for irradiated fuel management activities without prior 
notice to the NRC.

DATES: Submit comments by April 7, 2017. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date.

ADDRESSES: You may submit comments by any of the following methods:

[[Page 13016]]

     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0157. 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.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jack D. Parrott, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-6634; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0157 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0157.
     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.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2015-0157 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    On June 23, 2015 (80 FR 35992), the NRC issued exemptions from 
Sec. Sec.  50.82(a)(8)(i)(A) and 50.75(h)(2) of title 10 of the Code of 
Federal Regulations (10 CFR) to Entergy, for VY's Facility Operating 
License No. DPR-28. The VY facility is located in Windham County, 
Vermont. The licensee requested the exemptions by letter dated January 
6, 2015 (ADAMS Accession No. ML15013A171). The exemptions allow the 
licensee to use funds from the Trust for irradiated fuel management 
activities without prior notice to the NRC, in the same manner that 
funds from the Trust are used under Sec.  50.82(a)(8) for 
decommissioning activities.
    At the time of issuance, the NRC's approval of the exemptions 
referenced the categorical exclusion criteria under Sec.  51.22(c)(25). 
However, on November 4, 2015, the State of Vermont, the Vermont Yankee 
Nuclear Power Corporation, and Green Mountain Power Corporation 
(together, Petitioners) filed a petition (ADAMS Accession No. 
ML16137A554) with the Commission that, in part, challenged that the NRC 
staff had not conducted a NEPA-compliant analysis in conjunction with 
the exemption request. The Commission directed, in their October 27, 
2016 decision on the petition (ADAMS Accession No. ML16301A083) that 
the staff conduct an EA to examine the environmental impacts, if any, 
associated with the exemptions. Therefore, consistent with Commission 
direction and with Sec.  51.21, the NRC has prepared this draft EA to 
document its environmental review for the exemption requests. Based on 
the results of the EA, the NRC has determined it is not necessary to 
prepare an environmental impact statement and is therefore issuing this 
draft FONSI.

III. Draft Environmental Assessment

Description of the Action

    The exemption request by Entergy on January 6, 2015, and granted by 
the NRC on June 23, 2015, exempts Entergy from the requirements set 
forth in Sec. Sec.  50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2). 
Specifically, the exemptions allow Entergy to use funds from the Trust 
for irradiated fuel management activities, not associated with 
radiological decontamination, and exempt Entergy from meeting the 
requirement for prior notification to the NRC for these disbursements.

Need for the Action

    By letter dated January 12, 2015 (ADAMS Accession No. ML15013A426), 
Entergy informed the NRC that it had permanently ceased power 
operations at VY and that the VY reactor vessel had been permanently 
defueled.
    Entergy stated that it needed access to the funds in the Trust, in 
excess of those needed for radiological decontamination, to support 
irradiated fuel management activities not associated with radiological 
decontamination. As required by Sec.  50.82(a)(8)(i)(A), 
decommissioning trust funds may be used by the licensee if the 
withdrawals are for legitimate decommissioning activity expenses, 
consistent with the definition of decommissioning in Sec.  50.2. This 
definition addresses radiological decontamination and does not include 
activities associated with irradiated fuel management. Similarly, the 
requirements of Sec.  50.75(h)(2) restrict the use of decommissioning 
trust fund disbursements (other than for ordinary and incidental 
expenses) to decommissioning expenses until final decommissioning has 
been completed. Therefore, Entergy needed exemptions from Sec. Sec.  
50.82(a)(8)(i)(A) and 50.75(h)(2) to allow the use of funds from the 
Trust for irradiated fuel management activities without prior notice of 
disbursement.
    Entergy stated that the Trust contains funds for decommissioning 
that are commingled with funds intended for irradiated fuel management 
activities not associated with radiological decontamination. The VY 
Annual Decommissioning Financial Status

[[Page 13017]]

Report (ADAMS Accession No. ML15092A141) submitted by Entergy on March 
30, 2015, to the NRC supports the adequacy of funds in the Trust to 
cover the costs of activities associated with irradiated fuel 
management and radiological decontamination through license 
termination.
    The requirements of Sec.  50.75(h)(2) further provide that, except 
for decommissioning withdrawals being made under Sec.  50.82(a)(8), or 
for payments of ordinary administrative costs and other incidental 
expenses of the Trust, no disbursement may be made from the Trust until 
written notice of the intention to make a disbursement has been given 
to the NRC at least 30 working days in advance of the intended 
disbursement. Therefore, an exemption from Sec.  50.75(h)(2) was needed 
to allow Entergy to use funds from the Trust for irradiated fuel 
management activities without prior NRC notification.

Environmental Impacts of the Action

    The exemptions from requirements related to use and notification of 
Trust funds are of a financial nature and allow Entergy to pay for 
irradiated fuel management activities with Trust funds. The exemptions 
do not authorize any additional regulatory or land-disturbing 
activities, but do allow Entergy to finance irradiated fuel management 
activities, which support decommissioning.
    In granting the exemptions, the NRC completed its safety evaluation 
and concluded that there was reasonable assurance that adequate funds 
are available in the Trust to complete all activities associated with 
decommissioning and irradiated fuel management activities. There is no 
decrease in safety associated with the use of the Trust to fund 
activities associated with irradiated fuel management.
    The licensee has a comprehensive, regulation-based decommissioning 
funding oversight program to provide reasonable assurance that 
sufficient funding will be available for radiological decommissioning. 
After submitting its site-specific Decommissioning Cost Estimate and 
until the licensee has completed its final radiation survey and 
demonstrated that residual radioactivity has been reduced to a level 
that permits termination of its license, Sec.  50.82(a)(8)(v) requires 
a licensee to annually submit a financial assurance status report. The 
report must include, among other things, amounts spent on 
decommissioning, remaining Trust balance, and estimated costs to 
complete radiological decommissioning. If the remaining balance, plus 
expected rate of return, plus any other financial surety mechanism does 
not cover the estimated costs to complete the decommissioning, the 
Sec.  50.82(a)(8)(vi) specifies that additional financial assurance 
must be provided. These annual reports provide a means for the NRC to 
monitor the adequacy of available funding.
    Additionally, in accordance with the VY Renewed Facility Operating 
License (ADAMS Accession No. ML15117A551), Condition 3.J.a.(iii), the 
decommissioning trust agreement must provide that no disbursements or 
payments from the Trust, other than for ordinary administrative 
expenses, shall be made by the trustee until the trustee has first 
given thirty days prior written notice to the NRC. Article IV, Section 
4.05 of the Master Decommissioning Trust Agreement (ADAMS Accession No. 
ML15111A086), by and between Entergy Nuclear Vermont Yankee, LLC, and 
The Bank of New York Mellon as Trustee, provides that no disbursements 
or payments shall be made by the Trustee, other than administrative 
expenses, in accordance with Section 4.02 of the Master Trust 
Agreement, until the Trustee has first given the NRC 30 days prior 
written notice of payment; provided, however, that no disbursement or 
payment from the Trust shall be made if the Trustee receives prior 
written notice of objection from the Director of the Office of Nuclear 
Reactor Regulation.
    The second exemption, which was also granted, exempted Entergy from 
Sec.  50.75(h)(2). This exemption did not apply to VY at the time of 
the request because license condition 3.J.a(iii) was still in effect. 
Section 50.75(h)(2) would have applied if Entergy's the September 2014 
license amendment request to remove the license condition had been 
approved (ADAMS Accession No. ML14254A405). Entergy withdrew that 
license amendment request on September 22, 2015 (ADAMS Accession Nos. 
ML15267A074 and ML15265A583, respectively), therefore the second 
exemption request has not been implemented. License condition 
3.J.a(iii) is still in effect and VY remains subject to the 
disbursement notification condition in the license.
    The environmental impacts of decommissioning have been generically 
evaluated by the NRC and documented in NUREG-0586, Supplement 1 
(Decommissioning Generic Environmental Impact Statement [GEIS]). 
Entergy's Post-Shutdown Decommissioning Activity Report (ADAMS 
Accession No. ML14357A110) stated that impacts from planned 
decommissioning activities at VY are less than and bounded by the 
impacts considered in the Decommissioning GEIS and NUREG-1496, Generic 
Environmental Impact Statement in Support of Rulemaking on Radiological 
Criteria for License Termination of NRC-Licensed Nuclear Facilities. 
The NRC agreed with Entergy's conclusion that VY decommissioning 
activities were bounded by previous analyses (ADAMS Accession No. 
ML15343A210).
    The exemptions do not authorize Entergy to perform new land-
disturbing activities that could affect land use, soils and geology, 
water resources, ecological resources, or historic and cultural 
resources. The exemptions do not authorize Entergy to conduct 
additional regulatory activities, outside those already licensed by the 
NRC, therefore there are no incremental effects to air quality, traffic 
and transportation, socioeconomics, environmental justice, or 
accidents. The exemptions will not increase the probability or 
consequences of accidents. As a result of the exemptions, there are no 
changes in the types or amounts of effluents that are, or may be, 
released offsite. Entergy must continue to comply with all appropriate 
NRC regulations related to occupational and public radiation exposure 
and thus the exemptions will not result in an increase to occupational 
or public doses. Accordingly, the NRC concludes that there are no 
potential environmental impacts as a result of the granted exemptions.

Environmental Impacts of the Alternatives to the Action

    As an alternative to the action, the NRC staff could have denied 
Entergy's exemption request. Denial of the exemption request would have 
resulted in Entergy operating the facility as licensed, thus the 
environmental impacts would be the same as those already considered by 
the previous environmental review in NUREG-1437, Supplement 30 
regarding renewal of VY's operating license.

Agencies or Persons Consulted

    On December 15, 2016, the NRC notified the State of Vermont of the 
draft EA and FONSI. The NRC staff has determined that the exemptions 
would have no impact on historic and cultural resources or ecological 
resources and therefore no consultations are necessary under Section 7 
of the Endangered Species Act and Section 106 of the National Historic 
Preservation Act, respectively.
    On November 4, 2015, the Petitioners filed a petition with the 
Commission

[[Page 13018]]

that challenged the NRC staff's approval of Entergy's exemption 
requests. The Petitioners raised concerns about the use of Trust fund 
for costs associated with irradiated fuel management, citing that a 
potential shortfall in the Fund would result in radiological and 
environmental consequences as well as economic risk to the Vermont 
taxpayers. As discussed earlier, the NRC has determined that there is 
reasonable assurance that adequate funds are available in the Trust to 
complete all activities associated with decommissioning and irradiated 
fuel management activities. Further, the NRC has concluded in this EA 
that there are no environmental impacts as a result of the exemptions.

IV. Finding of No Significant Impact

    Entergy proposed exemptions from Sec. Sec.  50.82(a)(8)(i)(A) and 
50.75(h)(2) to allow the licensee to use funds from the Trust for 
irradiated fuel management activities, without prior written 
notification to the NRC. The NRC granted the exemptions on June 23, 
2015.
    Consistent with Sec.  51.21, the NRC conducted the environmental 
assessment for the exemptions included in Section II of this document 
and incorporated by reference in this finding. On the basis of this 
environmental assessment, the NRC concludes that the exemptions did 
not, and will not, have significant effects on the quality of the human 
environment. Accordingly, the NRC has decided not to prepare an 
environmental impact statement for the action.

    Dated at Rockville, Maryland, this 1st day of March, 2017.

    For the Nuclear Regulatory Commission.
Bruce Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2017-04542 Filed 3-7-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                                  13015

                                                  TI&E Committee, NASA Headquarters,                      provide full name and citizenship status                This Notice also lists the following
                                                  Washington, DC 20546, (202) 358–4710,                   3 working days in advance. Information                information:
                                                  or g.m.green@nasa.gov.                                  should be sent to Ms. Anyah Dembling                    Type of Review: New Collection.
                                                  SUPPLEMENTARY INFORMATION: The                          via email at anyah.dembling@nasa.gov.                   Agency: National Endowment for the
                                                  meeting will be open to the public up                   It is imperative that the meeting be held             Humanities.
                                                  to the capacity of the room. This                       on these dates to the scheduling                        Title of Proposal: General Clearance
                                                  meeting is also available telephonically                priorities of the key participants.                   Authority to Develop Evaluation
                                                  and by WebEx. You must use a touch-                                                                           Instruments for the National
                                                                                                          Patricia D. Rausch,                                   Endowment for the Humanities.
                                                  tone phone to participate in this                       Advisory Committee Management Officer,                  OMB Number: N/A.
                                                  meeting. Any interested person may call                 National Aeronautics and Space                          Affected Public: NEH grantees.
                                                  the USA toll-free conference number                     Administration.                                         Total Respondents: 1160.
                                                  1–844–467–6272, and then the numeric                    [FR Doc. 2017–04464 Filed 3–7–17; 8:45 am]              Frequency of Collection: On occasion.
                                                  passcode: 102421 followed by the #                      BILLING CODE 7510–13–P                                  Total Responses: 1160.
                                                  sign. To join via WebEx, the link is                                                                            Average Time per Response: 30
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                                                  password is ‘‘Technology17!’’ (case                                                                           hours.
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                                                     The agenda for the meeting includes                  Proposed Collection; Comment                          this notice will be summarized and/or
                                                  the following topics:                                   Request                                               included in the request for OMB
                                                  —Space Technology Mission Directorate                                                                         approval of the information collection
                                                     (STMD) Update                                        AGENCY: National Endowment for the                    request. These comments will also
                                                  —Update on STMD Strategic                               Humanities.                                           become a matter of public record.
                                                     Implementation Plan                                  ACTION: Notice and request for                          Dated: March 1, 2017.
                                                  —NASA’s Barriers to Innovation and                      comments.                                             Margaret F. Plympton,
                                                     Chief Technologist Update                                                                                  Deputy Chairman.
                                                                                                          SUMMARY:    The National Endowment for
                                                  —Space Technology Research Institutes
                                                                                                          the Humanities (NEH) is soliciting                    [FR Doc. 2017–04469 Filed 3–7–17; 8:45 am]
                                                     Overview
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                                                     Final Report                                         information collection described below.
                                                  —Entry, Descent, and Landing Update                     The proposed information collection
                                                                                                          will be sent to the Office of Management              NUCLEAR REGULATORY
                                                     Attendees will be requested to sign a                and Budget (OMB) for review, as                       COMMISSION
                                                  register and to comply with NASA                        required by the provisions of the
                                                  Headquarters security requirements,                     Paperwork Reduction Act of 1995.
                                                                                                                                                                [Docket No. 50–271; NRC–2015–0157]
                                                  including the presentation of a valid
                                                                                                          DATES: Comments on this information                   Entergy Nuclear Operations, Inc.;
                                                  picture ID to Security before access to
                                                  NASA Headquarters. Due to the Real ID                   collection must be submitted on or                    Vermont Yankee Nuclear Power
                                                  Act, Public Law 109–13, any attendees                   before May 8, 2017.                                   Station
                                                  with driver’s licenses issued from non-                 ADDRESSES: Submit electronic
                                                                                                                                                                AGENCY:  Nuclear Regulatory
                                                  compliant states/territories must present               comments to Mr. Joel Schwartz, Chief
                                                                                                                                                                Commission.
                                                  a second form of ID. [Federal employee                  Guidelines Officer at jschwartz@
                                                                                                          neh.gov.                                              ACTION: Draft environmental assessment
                                                  badge; passport; active military                                                                              and finding of no significant impact;
                                                  identification card; enhanced driver’s                  SUPPLEMENTARY INFORMATION: The NEH                    request for comment.
                                                  license; U.S. Coast Guard Merchant                      will submit the proposed information
                                                  Mariner card; Native American tribal                    collection to OMB for review, as                      SUMMARY:    The U.S. Nuclear Regulatory
                                                  document; school identification                         required by the Paperwork Reduction                   Commission (NRC) is issuing for public
                                                  accompanied by an item from LIST C                      Act of 1995 (Pub. L. 104–13, 44 U.S.C.                comment a draft environmental
                                                  (documents that establish employment                    35). This notice is soliciting comments               assessment (EA) and finding of no
                                                  authorization) from the ‘‘List of the                   from members of the public and affected               significant impact (FONSI) regarding the
                                                  Acceptable Documents’’ on Form I–9].                    agencies. NEH is particularly interested              issuance of two exemptions in response
                                                  Non-compliant states/territories are:                   in comments which help the agency to:                 to a January 6, 2015 request from
                                                  Maine, Minnesota, Missouri, Montana,                    (1) Evaluate whether the proposed                     Entergy Nuclear Operations, Inc.
                                                  and Washington. Foreign nationals                       collection of information is necessary                (Entergy or the licensee), representing
                                                  attending this meeting will be required                 for the proper performance of the                     itself and the other owners of the
                                                  to provide a copy of their passport and                 functions of the agency, including                    Vermont Yankee Nuclear Power Station
                                                  visa in addition to providing the                       whether the information will have                     (VY). The exemptions allow the licensee
                                                  following information no less than 10                   practical utility; (2) Evaluate the                   to use funds from the VY
                                                  days prior to the meeting: Full name;                   accuracy of the agency’s estimate of the              decommissioning funds trust (the Trust)
                                                  gender; date/place of birth; citizenship;               burden of the proposed collection of                  for irradiated fuel management activities
                                                  passport information (number, country,                  information, including the validity of                without prior notice to the NRC.
                                                  telephone); visa information (number,                   the methodology and assumptions used;                 DATES: Submit comments by April 7,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  type, expiration date); employer/                       (3) Enhance the quality, utility, and                 2017. Comments received after this date
                                                  affiliation information (name of                        clarity of the information to be                      will be considered if it is practical to do
                                                  institution, address, country,                          collected; and (4) Minimize the burden                so, but the Commission is able to ensure
                                                  telephone); title/position of attendee. To              of the collection of information on those             consideration only for comments
                                                  expedite admittance, attendees that are                 who are to respond, including through                 received before this date.
                                                  U.S. citizens and Permanent Residents                   the use of electronic submissions of                  ADDRESSES: You may submit comments
                                                  (green card holders) are requested to                   responses.                                            by any of the following methods:


                                             VerDate Sep<11>2014   17:34 Mar 07, 2017   Jkt 241001   PO 00000   Frm 00091   Fmt 4703   Sfmt 4703   E:\FR\FM\08MRN1.SGM   08MRN1


                                                  13016                        Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                    • Federal Rulemaking Web site: Go to                  comment submission, in order to ensure                Commission direction and with § 51.21,
                                                  http://www.regulations.gov and search                   that the NRC is able to make your                     the NRC has prepared this draft EA to
                                                  for Docket ID NRC–2015–0157. Address                    comment submission available to the                   document its environmental review for
                                                  questions about NRC dockets to Carol                    public in this docket.                                the exemption requests. Based on the
                                                  Gallagher; telephone: 301–415–3463;                       The NRC cautions you not to include                 results of the EA, the NRC has
                                                  email: Carol.Gallagher@nrc.gov. For                     identifying or contact information that               determined it is not necessary to
                                                  technical questions, contact the                        you do not want to be publicly                        prepare an environmental impact
                                                  individual listed in the FOR FURTHER                    disclosed in your comment submission.                 statement and is therefore issuing this
                                                  INFORMATION CONTACT section of this                     The NRC posts all comment                             draft FONSI.
                                                  document.                                               submissions at http://
                                                    • Mail comments to: Cindy Bladey,                     www.regulations.gov as well as entering               III. Draft Environmental Assessment
                                                  Office of Administration, Mail Stop:                    the comment submissions into ADAMS.                   Description of the Action
                                                  OWFN–12–H08, U.S. Nuclear                               The NRC does not routinely edit
                                                                                                          comment submissions to remove                            The exemption request by Entergy on
                                                  Regulatory Commission, Washington,                                                                            January 6, 2015, and granted by the NRC
                                                  DC 20555–0001.                                          identifying or contact information.
                                                                                                            If you are requesting or aggregating                on June 23, 2015, exempts Entergy from
                                                    For additional direction on obtaining
                                                                                                          comments from other persons for                       the requirements set forth in
                                                  information and submitting comments,
                                                                                                          submission to the NRC, then you should                §§ 50.82(a)(8)(i)(A) and 10 CFR
                                                  see ‘‘Obtaining Information and
                                                                                                          inform those persons not to include                   50.75(h)(2). Specifically, the exemptions
                                                  Submitting Comments’’ in the
                                                                                                          identifying or contact information that               allow Entergy to use funds from the
                                                  SUPPLEMENTARY INFORMATION section of
                                                                                                          they do not want to be publicly                       Trust for irradiated fuel management
                                                  this document.
                                                                                                          disclosed in their comment submission.                activities, not associated with
                                                  FOR FURTHER INFORMATION CONTACT: Jack                                                                         radiological decontamination, and
                                                  D. Parrott, Office of Nuclear Reactor                   Your request should state that the NRC
                                                                                                          does not routinely edit comment                       exempt Entergy from meeting the
                                                  Regulation, U.S. Nuclear Regulatory                                                                           requirement for prior notification to the
                                                  Commission, Washington, DC 20555–                       submissions to remove such information
                                                                                                          before making the comment                             NRC for these disbursements.
                                                  0001; telephone: 301–415–6634; email:
                                                  Jack.Parrott@nrc.gov.                                   submissions available to the public or                Need for the Action
                                                                                                          entering the comment submissions into
                                                  SUPPLEMENTARY INFORMATION:                                                                                       By letter dated January 12, 2015
                                                                                                          ADAMS.
                                                  I. Obtaining Information and                                                                                  (ADAMS Accession No. ML15013A426),
                                                                                                          II. Introduction                                      Entergy informed the NRC that it had
                                                  Submitting Comments
                                                                                                             On June 23, 2015 (80 FR 35992), the                permanently ceased power operations at
                                                  A. Obtaining Information                                NRC issued exemptions from                            VY and that the VY reactor vessel had
                                                     Please refer to Docket ID NRC–2015–                  §§ 50.82(a)(8)(i)(A) and 50.75(h)(2) of               been permanently defueled.
                                                  0157 when contacting the NRC about                      title 10 of the Code of Federal                          Entergy stated that it needed access to
                                                  the availability of information for this                Regulations (10 CFR) to Entergy, for                  the funds in the Trust, in excess of those
                                                  action. You may obtain publicly-                        VY’s Facility Operating License No.                   needed for radiological
                                                  available information related to this                   DPR–28. The VY facility is located in                 decontamination, to support irradiated
                                                  action by any of the following methods:                 Windham County, Vermont. The                          fuel management activities not
                                                     • Federal Rulemaking Web site: Go to                 licensee requested the exemptions by                  associated with radiological
                                                  http://www.regulations.gov and search                   letter dated January 6, 2015 (ADAMS                   decontamination. As required by
                                                  for Docket ID NRC–2015–0157.                            Accession No. ML15013A171). The                       § 50.82(a)(8)(i)(A), decommissioning
                                                     • NRC’s Agencywide Documents                         exemptions allow the licensee to use                  trust funds may be used by the licensee
                                                  Access and Management System                            funds from the Trust for irradiated fuel              if the withdrawals are for legitimate
                                                  (ADAMS): You may obtain publicly-                       management activities without prior                   decommissioning activity expenses,
                                                  available documents online in the                       notice to the NRC, in the same manner                 consistent with the definition of
                                                  ADAMS Public Documents collection at                    that funds from the Trust are used under              decommissioning in § 50.2. This
                                                  http://www.nrc.gov/reading-rm/                          § 50.82(a)(8) for decommissioning                     definition addresses radiological
                                                  adams.html. To begin the search, select                 activities.                                           decontamination and does not include
                                                  ‘‘ADAMS Public Documents’’ and then                        At the time of issuance, the NRC’s                 activities associated with irradiated fuel
                                                  select ‘‘Begin Web-based ADAMS                          approval of the exemptions referenced                 management. Similarly, the
                                                  Search.’’ For problems with ADAMS,                      the categorical exclusion criteria under              requirements of § 50.75(h)(2) restrict the
                                                  please contact the NRC’s Public                         § 51.22(c)(25). However, on November 4,               use of decommissioning trust fund
                                                  Document Room (PDR) reference staff at                  2015, the State of Vermont, the Vermont               disbursements (other than for ordinary
                                                  1–800–397–4209, 301–415–4737, or by                     Yankee Nuclear Power Corporation, and                 and incidental expenses) to
                                                  email to pdr.resource@nrc.gov. The                      Green Mountain Power Corporation                      decommissioning expenses until final
                                                  ADAMS accession number for each                         (together, Petitioners) filed a petition              decommissioning has been completed.
                                                  document referenced (if it is available in              (ADAMS Accession No. ML16137A554)                     Therefore, Entergy needed exemptions
                                                  ADAMS) is provided the first time that                  with the Commission that, in part,                    from §§ 50.82(a)(8)(i)(A) and 50.75(h)(2)
                                                  it is mentioned in this document.                       challenged that the NRC staff had not                 to allow the use of funds from the Trust
                                                     • NRC’s PDR: You may examine and                     conducted a NEPA-compliant analysis                   for irradiated fuel management activities
                                                                                                          in conjunction with the exemption                     without prior notice of disbursement.
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                                                  purchase copies of public documents at
                                                  the NRC’s PDR, Room O1–F21, One                         request. The Commission directed, in                     Entergy stated that the Trust contains
                                                  White Flint North, 11555 Rockville                      their October 27, 2016 decision on the                funds for decommissioning that are
                                                  Pike, Rockville, Maryland 20852.                        petition (ADAMS Accession No.                         commingled with funds intended for
                                                                                                          ML16301A083) that the staff conduct an                irradiated fuel management activities
                                                  B. Submitting Comments                                  EA to examine the environmental                       not associated with radiological
                                                    Please include Docket ID NRC–2015–                    impacts, if any, associated with the                  decontamination. The VY Annual
                                                  0157 in the subject line of your                        exemptions. Therefore, consistent with                Decommissioning Financial Status


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                                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                            13017

                                                  Report (ADAMS Accession No.                             If the remaining balance, plus expected               decommissioning activities at VY are
                                                  ML15092A141) submitted by Entergy on                    rate of return, plus any other financial              less than and bounded by the impacts
                                                  March 30, 2015, to the NRC supports the                 surety mechanism does not cover the                   considered in the Decommissioning
                                                  adequacy of funds in the Trust to cover                 estimated costs to complete the                       GEIS and NUREG–1496, Generic
                                                  the costs of activities associated with                 decommissioning, the § 50.82(a)(8)(vi)                Environmental Impact Statement in
                                                  irradiated fuel management and                          specifies that additional financial                   Support of Rulemaking on Radiological
                                                  radiological decontamination through                    assurance must be provided. These                     Criteria for License Termination of NRC-
                                                  license termination.                                    annual reports provide a means for the                Licensed Nuclear Facilities. The NRC
                                                     The requirements of § 50.75(h)(2)                    NRC to monitor the adequacy of                        agreed with Entergy’s conclusion that
                                                  further provide that, except for                        available funding.                                    VY decommissioning activities were
                                                  decommissioning withdrawals being                          Additionally, in accordance with the               bounded by previous analyses (ADAMS
                                                  made under § 50.82(a)(8), or for                        VY Renewed Facility Operating License                 Accession No. ML15343A210).
                                                  payments of ordinary administrative                     (ADAMS Accession No. ML15117A551),                       The exemptions do not authorize
                                                  costs and other incidental expenses of                  Condition 3.J.a.(iii), the                            Entergy to perform new land-disturbing
                                                  the Trust, no disbursement may be                       decommissioning trust agreement must                  activities that could affect land use,
                                                  made from the Trust until written notice                provide that no disbursements or                      soils and geology, water resources,
                                                  of the intention to make a disbursement                 payments from the Trust, other than for               ecological resources, or historic and
                                                  has been given to the NRC at least 30                   ordinary administrative expenses, shall               cultural resources. The exemptions do
                                                  working days in advance of the                          be made by the trustee until the trustee              not authorize Entergy to conduct
                                                  intended disbursement. Therefore, an                    has first given thirty days prior written             additional regulatory activities, outside
                                                  exemption from § 50.75(h)(2) was                        notice to the NRC. Article IV, Section                those already licensed by the NRC,
                                                  needed to allow Entergy to use funds                    4.05 of the Master Decommissioning                    therefore there are no incremental
                                                  from the Trust for irradiated fuel                      Trust Agreement (ADAMS Accession                      effects to air quality, traffic and
                                                  management activities without prior                     No. ML15111A086), by and between                      transportation, socioeconomics,
                                                  NRC notification.                                       Entergy Nuclear Vermont Yankee, LLC,                  environmental justice, or accidents. The
                                                                                                          and The Bank of New York Mellon as                    exemptions will not increase the
                                                  Environmental Impacts of the Action
                                                                                                          Trustee, provides that no disbursements               probability or consequences of
                                                     The exemptions from requirements                     or payments shall be made by the                      accidents. As a result of the exemptions,
                                                  related to use and notification of Trust                Trustee, other than administrative                    there are no changes in the types or
                                                  funds are of a financial nature and allow               expenses, in accordance with Section                  amounts of effluents that are, or may be,
                                                  Entergy to pay for irradiated fuel                      4.02 of the Master Trust Agreement,                   released offsite. Entergy must continue
                                                  management activities with Trust funds.                 until the Trustee has first given the NRC             to comply with all appropriate NRC
                                                  The exemptions do not authorize any                     30 days prior written notice of payment;              regulations related to occupational and
                                                  additional regulatory or land-disturbing                provided, however, that no                            public radiation exposure and thus the
                                                  activities, but do allow Entergy to                     disbursement or payment from the Trust                exemptions will not result in an
                                                  finance irradiated fuel management                      shall be made if the Trustee receives                 increase to occupational or public
                                                  activities, which support                               prior written notice of objection from                doses. Accordingly, the NRC concludes
                                                  decommissioning.                                        the Director of the Office of Nuclear                 that there are no potential
                                                     In granting the exemptions, the NRC                  Reactor Regulation.                                   environmental impacts as a result of the
                                                  completed its safety evaluation and                        The second exemption, which was                    granted exemptions.
                                                  concluded that there was reasonable                     also granted, exempted Entergy from
                                                  assurance that adequate funds are                       § 50.75(h)(2). This exemption did not                 Environmental Impacts of the
                                                  available in the Trust to complete all                  apply to VY at the time of the request                Alternatives to the Action
                                                  activities associated with                              because license condition 3.J.a(iii) was                 As an alternative to the action, the
                                                  decommissioning and irradiated fuel                     still in effect. Section 50.75(h)(2) would            NRC staff could have denied Entergy’s
                                                  management activities. There is no                      have applied if Entergy’s the September               exemption request. Denial of the
                                                  decrease in safety associated with the                  2014 license amendment request to                     exemption request would have resulted
                                                  use of the Trust to fund activities                     remove the license condition had been                 in Entergy operating the facility as
                                                  associated with irradiated fuel                         approved (ADAMS Accession No.                         licensed, thus the environmental
                                                  management.                                             ML14254A405). Entergy withdrew that                   impacts would be the same as those
                                                     The licensee has a comprehensive,                    license amendment request on                          already considered by the previous
                                                  regulation-based decommissioning                        September 22, 2015 (ADAMS Accession                   environmental review in NUREG–1437,
                                                  funding oversight program to provide                    Nos. ML15267A074 and ML15265A583,                     Supplement 30 regarding renewal of
                                                  reasonable assurance that sufficient                    respectively), therefore the second                   VY’s operating license.
                                                  funding will be available for                           exemption request has not been
                                                  radiological decommissioning. After                     implemented. License condition                        Agencies or Persons Consulted
                                                  submitting its site-specific                            3.J.a(iii) is still in effect and VY remains             On December 15, 2016, the NRC
                                                  Decommissioning Cost Estimate and                       subject to the disbursement notification              notified the State of Vermont of the draft
                                                  until the licensee has completed its final              condition in the license.                             EA and FONSI. The NRC staff has
                                                  radiation survey and demonstrated that                     The environmental impacts of                       determined that the exemptions would
                                                  residual radioactivity has been reduced                 decommissioning have been generically                 have no impact on historic and cultural
                                                  to a level that permits termination of its              evaluated by the NRC and documented                   resources or ecological resources and
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                                                  license, § 50.82(a)(8)(v) requires a                    in NUREG–0586, Supplement 1                           therefore no consultations are necessary
                                                  licensee to annually submit a financial                 (Decommissioning Generic                              under Section 7 of the Endangered
                                                  assurance status report. The report must                Environmental Impact Statement                        Species Act and Section 106 of the
                                                  include, among other things, amounts                    [GEIS]). Entergy’s Post-Shutdown                      National Historic Preservation Act,
                                                  spent on decommissioning, remaining                     Decommissioning Activity Report                       respectively.
                                                  Trust balance, and estimated costs to                   (ADAMS Accession No. ML14357A110)                        On November 4, 2015, the Petitioners
                                                  complete radiological decommissioning.                  stated that impacts from planned                      filed a petition with the Commission


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                                                  13018                        Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                  that challenged the NRC staff’s approval                SUMMARY:   The U.S. Nuclear Regulatory                   For the Nuclear Regulatory Commission.
                                                  of Entergy’s exemption requests. The                    Commission (NRC) is issuing an order                   Diane L. Render,
                                                  Petitioners raised concerns about the                   approving the transfer of the James A.                 Project Manager, Plant Licensing Branch I,
                                                  use of Trust fund for costs associated                  FitzPatrick Nuclear Power Plant                        Division of Operating Reactor Licensing,
                                                  with irradiated fuel management, citing                 Renewed Facility Operating License No.                 Office of Nuclear Reactor Regulation.
                                                  that a potential shortfall in the Fund                  DPR–59, and the transfer of the                        Attachment—Order Approving Direct
                                                  would result in radiological and                        generally licensed FitzPatrick                         Transfer of License and Approving
                                                  environmental consequences as well as                   Independent Spent Fuel Storage                         Conforming Amendment
                                                  economic risk to the Vermont taxpayers.                 Installation from Entergy Nuclear
                                                  As discussed earlier, the NRC has                       FitzPatrick, LLC and Entergy Nuclear                   Attachment—Order Approving Direct
                                                  determined that there is reasonable                     Operations, Inc. to Exelon Generation                  Transfer of License and Approving
                                                  assurance that adequate funds are                       Company, LLC.                                          Conforming Amendment
                                                  available in the Trust to complete all                                                                         UNITED STATES OF AMERICA
                                                                                                          DATES: The Order was issued on March
                                                  activities associated with
                                                                                                          1, 2017, and is effective for one year.                NUCLEAR REGULATORY
                                                  decommissioning and irradiated fuel
                                                  management activities. Further, the NRC                                                                        COMMISSION
                                                                                                          ADDRESSES:   Please refer to Docket ID
                                                  has concluded in this EA that there are                 NRC–2016–0195 when contacting the                      [Docket Nos. 50–333 and 72–012;
                                                  no environmental impacts as a result of                 NRC about the availability of                          License No. DPR–59; NRC–2016–0195]
                                                  the exemptions.                                         information regarding this document.                   In the Matter of Entergy Nuclear
                                                  IV. Finding of No Significant Impact                    You may obtain publicly-available                      FitzPatrick, LLC, Entergy Nuclear
                                                                                                          information related to this document                   Operations, Inc., and Exelon
                                                     Entergy proposed exemptions from                     using any of the following methods:                    Generation Company, LLC; James A.
                                                  §§ 50.82(a)(8)(i)(A) and 50.75(h)(2) to
                                                  allow the licensee to use funds from the                   • Federal Rulemaking Web Site: Go to                FitzPatrick Nuclear Power Plant
                                                  Trust for irradiated fuel management                    http://www.regulations.gov and search                  ORDER APPROVING DIRECT
                                                  activities, without prior written                       for Docket ID NRC–2016–0195. Address                   TRANSFER OF LICENSE AND
                                                  notification to the NRC. The NRC                        questions about NRC dockets to Carol                   APPROVING CONFORMING
                                                  granted the exemptions on June 23,                      Gallagher; telephone: 301–415–3463; e-                 AMENDMENT
                                                  2015.                                                   mail: Carol.Gallagher@nrc.gov. For
                                                                                                          technical questions, contact the                       I.
                                                     Consistent with § 51.21, the NRC
                                                  conducted the environmental                             individual listed in the FOR FURTHER                      Entergy Nuclear FitzPatrick, LLC
                                                  assessment for the exemptions included                  INFORMATION CONTACT section of this                    (ENF) and Entergy Nuclear Operations,
                                                  in Section II of this document and                      document.                                              Inc. (ENO) (collectively, Entergy) are the
                                                  incorporated by reference in this                          • NRC’s Agencywide Documents                        owner and operator, respectively, of the
                                                  finding. On the basis of this                           Access and Management System                           James A. FitzPatrick Nuclear Power
                                                  environmental assessment, the NRC                       (ADAMS): You may obtain publicly                       Plant (FitzPatrick) and are the co-
                                                  concludes that the exemptions did not,                  available documents online in the                      holders of Renewed Facility Operating
                                                  and will not, have significant effects on               ADAMS Public Documents collection at                   License No. DPR–59 and the general
                                                  the quality of the human environment.                   http://www.nrc.gov/reading-rm/                         license for the FitzPatrick Independent
                                                  Accordingly, the NRC has decided not                    adams.html. To begin the search, select                Spent Fuel Storage Installation (ISFSI).
                                                  to prepare an environmental impact                      ‘‘ADAMS Public Documents’’ and then                    FitzPatrick is a General Electric boiling-
                                                  statement for the action.                               select ‘‘Begin Web-based ADAMS                         water reactor located in Oswego County,
                                                                                                          Search.’’ For problems with ADAMS,                     New York.
                                                    Dated at Rockville, Maryland, this 1st day
                                                  of March, 2017.                                         please contact the NRC’s Public                        II.
                                                    For the Nuclear Regulatory Commission.                Document Room (PDR) reference staff at
                                                                                                          1–800–397–4209, 301–415–4737, or by                       By application dated August 18, 2016,
                                                  Bruce Watson,                                                                                                  as supplemented by letter dated
                                                                                                          e-mail to pdr.resource@nrc.gov. The
                                                  Chief, Reactor Decommissioning Branch,                                                                         November 29, 2016, Entergy and Exelon
                                                  Division of Decommissioning, Uranium
                                                                                                          ADAMS accession number for each
                                                                                                          document referenced in this document                   Generation Company, LLC (Exelon)
                                                  Recovery and Waste Programs, Office of                                                                         jointly requested, pursuant to Title 10 of
                                                  Nuclear Material Safety and Safeguards.                 (if that document is available in
                                                                                                          ADAMS) is provided the first time that                 the Code of Federal Regulations (10
                                                  [FR Doc. 2017–04542 Filed 3–7–17; 8:45 am]                                                                     CFR), section 50.80 (10 CFR 50.80), that
                                                                                                          a document is referenced.
                                                  BILLING CODE 7590–01–P                                                                                         the U.S. Nuclear Regulatory
                                                                                                             • NRC’s PDR: You may examine and                    Commission (NRC) consent to the direct
                                                                                                          purchase copies of public documents at                 transfer of the FitzPatrick renewed
                                                  NUCLEAR REGULATORY                                      the NRC’s PDR, Room O1–F21, One                        facility operating license and the
                                                  COMMISSION                                              White Flint North, 11555 Rockville                     FitzPatrick ISFSI general license from
                                                  [Docket Nos. 50–333 and 72–012; License                 Pike, Rockville, Maryland 20852.                       Entergy to Exelon. Future references to
                                                  No. DPR–59; NRC–2016–0195]                              FOR FURTHER INFORMATION CONTACT:   Dr.                 FitzPatrick include the general license
                                                                                                          Diane L. Render, Office of Nuclear                     for the FitzPatrick ISFSI.
                                                  In the Matter of Entergy Nuclear                                                                                  In response to the request by Entergy
                                                                                                          Reactor Regulation, U.S. Nuclear
                                                  FitzPatrick, LLC, Entergy Nuclear                                                                              and Exelon for consent to the direct
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                                                                                                          Regulatory Commission, Washington,
                                                  Operations, Inc., and Exelon                                                                                   transfer of the FitzPatrick renewed
                                                                                                          DC 20555–0001; telephone: 301–415–
                                                  Generation Company, LLC; James A.                                                                              facility operating license and the
                                                                                                          3629; e-mail: Diane.Render@nrc.gov.
                                                  FitzPatrick Nuclear Power Plant                                                                                FitzPatrick ISFSI general license, the
                                                                                                          SUPPLEMENTARY INFORMATION:               The text of   NRC published a notice entitled, ‘‘James
                                                  AGENCY: Nuclear Regulatory                              the Order is attached.
                                                  Commission.                                                                                                    A. FitzPatrick Nuclear Power Plant;
                                                                                                            Dated at Rockville, Maryland, this 1st day           Consideration of Approval of Transfer of
                                                  ACTION: Direct transfer of license; order.
                                                                                                          of March 2017.                                         License and Conforming Amendment,’’


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Document Created: 2017-03-08 05:07:07
Document Modified: 2017-03-08 05:07:07
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
ActionDraft environmental assessment and finding of no significant impact; request for comment.
DatesSubmit comments by April 7, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.
ContactJack D. Parrott, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6634; email: [email protected]
FR Citation82 FR 13015 

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