82 FR 61040 - Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 246 (December 26, 2017)
Federal Register Volume 82, Issue 246 (December 26, 2017)
| Page Range | 61040-61043 | |
| FR Document | 2017-27682 |
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)] [Notices] [Pages 61040-61043] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27682] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-271; NRC-2015-0157] Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station AGENCY: Nuclear Regulatory Commission. ACTION: Final environmental assessment and finding of no significant impact; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a final 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), on behalf of the owners of the Vermont Yankee Nuclear Power Station (VY). The exemptions allow the licensee to use funds from the VY decommissioning trust fund (the Trust) for irradiated fuel management activities. DATES: The EA and FONSI referenced in this documents are available on December 26, 2017. ADDRESSES: Please refer to Docket ID NRC-2015-0157 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 website: 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. 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. 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. Introduction On June 23, 2015 (80 FR 35992), the NRC issued exemptions from sections 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of Federal Regulations (10 CFR) to Entergy, for VY's Renewed 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, in the similar manner that funds from the Trust are used under 10 CFR 50.82(a)(8) for decommissioning activities. As explained below, although the exemptions also exempted VY from the regulatory requirement for prior notification to the NRC of disbursements from the Trust for irradiated fuel management activities, the licensee is still required to provide such prior notification to the NRC because of a separate requirement in the VY Renewed Facility Operating License. At the time of issuance, the NRC's approval of the exemptions referenced the categorical exclusion criteria under 10 CFR 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 the NRC staff's use of a categorical exclusion in granting the exemption request. The Commission, in their October 27, 2016 decision on the petition (ADAMS Accession No. ML16301A083), found that the exemptions were ineligible for a categorical exclusion under the National Environmental Policy Act (NEPA), and directed the staff to conduct an EA to examine the environmental impacts, if any, associated with the exemptions. Therefore, consistent with Commission direction and with 10 CFR 51.21, the NRC prepared a draft EA to document its environmental review for the exemption request, and published the draft EA for comment on March 8, 2017 (82 FR 13015). Comments were received from the Petitioners on April 7, 2017 (ADAMS Accession No. ML17107A145). After consideration of those comments, the staff has prepared this final EA. Based on the results of this final EA, the NRC has determined that it is not necessary to prepare an environmental impact statement and is therefore issuing this final FONSI. II. Final Environmental Assessment Description of the Action The exemptions requested by Entergy on January 6, 2015, and granted by the NRC on June 23, 2015, exempt Entergy from the requirements set forth in 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv). Specifically, the exemptions allow Entergy to use funds from the Trust for irradiated fuel management activities, not associated with radiological decommissioning. 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. In its January 6, 2015 exemption request, Entergy stated that it needed access to the funds in the Trust, in excess of those funds needed for radiological decommissioning, to support irradiated fuel management activities not associated with radiological decommissioning. As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust funds may be used by a licensee if the withdrawals are for expenses for legitimate decommissioning activities consistent with the definition of decommissioning in 10 CFR 50.2. This definition addresses radiological decommissioning and does not include activities associated with irradiated fuel management. Similarly, the requirements of 10 CFR 50.75(h)(1)(iv) restrict decommissioning trust fund disbursements (other than for payments [[Page 61041]] of ordinary administrative costs and incidental expenses of the fund) to decommissioning expenses until final decommissioning has been completed. Therefore, Entergy needed exemptions from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) to allow the use of funds from the Trust for irradiated fuel management activities. Environmental Impacts of the Action The exemptions are of a financial nature and allow Entergy to use funds from the Trust to pay for irradiated fuel management activities. 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 staff performed an independent analysis of the Trust and confirmed that the existing funds, planned future contributions, and projected earnings of the Trust provide reasonable assurance of adequate funding to complete all NRC required decommissioning activities and to conduct irradiated fuel management. Consequently, the staff concluded that application of the requirements that funds from the Trust only be used for decommissioning activities and not for irradiated fuel management was not necessary to provide reasonable assurance that adequate funds will be available for the radiological decommissioning of VY. The staff conclusion is also supported by the fact that the licensee has a comprehensive, regulation-based decommissioning funding oversight program to provide reasonable assurance that sufficient funding will be available for the radiological decommissioning of VY. After submitting its site-specific Decommissioning Cost Estimate as required by 10 CFR 50.82(a)(8)(iii), and until completing its final radiation survey and demonstrating that residual radioactivity has been reduced to a level that permits termination of its license as required by 10 CFR 50.82(a)(11), the licensee is required by 10 CFR 50.82(a)(8)(v) to annually submit to the NRC a financial assurance status report. The report must include, among other things, amounts spent on decommissioning, the remaining Trust balance, and estimated costs to complete radiological decommissioning. If the remaining Trust balance, plus earnings on such funds calculated at not greater than a 2 percent real rate of return, plus any other financial assurance methods being relied upon, does not cover the estimated costs to complete radiological decommissioning, 10 CFR 50.82(a)(8)(vi) requires that additional financial assurance to cover the estimated costs to complete radiological decommissioning must be provided. These annual reports provide a means for the NRC to monitor the adequacy of the funding available for the radiological decommissioning of VY notwithstanding the exemptions allowing Entergy to use funds from the Trust for irradiated fuel management activities. Entergy also requested an exemption from the 10 CFR 50.75(h)(1)(iv) requirement that no disbursements may be made from the Trust until written notice of the intention to make the disbursement has been given to the NRC at least 30 working days before the date of the intended disbursement, except that notification is not required after decommissioning has begun and withdrawals are made under 10 CFR 50.82(a)(8). The NRC granted this exemption. However, the granting of this exemption did not relieve Entergy from a requirement for prior notification of disbursements of funds from the Trust for irradiated fuel management activities because of additional language in the VY Renewed Facility Operating License and the VY Master Decommissioning Trust Agreement. Specifically, in accordance with the VY Renewed Facility Operating License (ADAMS Accession No. ML052720265), 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 the NRC 30 days prior written notice of payment. Article IV, Section 4.05, of the VY 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, until the Trustee has first given the NRC 30 days prior written notice of payment. Although Entergy had submitted a September 4, 2014 license amendment request to delete License Condition 3.J.(a) and thus remove the prior notification requirement (ADAMS Accession No. ML14254A405), Entergy withdrew this license amendment request on September 22, 2015 (ADAMS Accession Nos. ML15267A074 and ML15265A583). Therefore, License Condition 3.J.a.(iii) remains in effect and, despite the granting of the exemptions, VY remains subject to a prior notification requirement. Similar to the annual financial assurance status reports, prior notifications provide a means for the NRC to monitor the adequacy of the funding available for the radiological decommissioning of VY notwithstanding the exemptions allowing Entergy to use funds from the Trust for irradiated fuel management activities. The environmental impacts of decommissioning have been generically evaluated by the NRC and documented in NUREG-0586, Supplement 1, Generic Environmental Impact Statement [GEIS] on Decommissioning of Nuclear Facilities (Decommissioning GEIS). Entergy's Post-Shutdown Decommissioning Activity Report (PSDAR) (ADAMS Accession No. ML14357A110) discussed that the impacts from the 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 staff found that the PSDAR contained the required information, including a discussion that provides the reasons for concluding that the environmental impacts associated with the decommissioning activities at VY will be 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 only change the source of funds allowed for irradiated fuel management activities. This will not increase the probability or consequences of accidents and, 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. Finally, Entergy is required to maintain adequate funding for the radiological decommissioning of VY and to provide information regarding this funding to the NRC. Accordingly, [[Page 61042]] the NRC concludes that there are no potential incremental 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 using funds from the Trust only for radiological decommissioning and not also for irradiated fuel management activities. The environmental impacts of this alternative would be substantively the same as the environmental impacts for granting the exemption request because there are no potential incremental environmental impacts as a result of granting the exemption request. Therefore, the environmental impacts of the alternative to the action would be the same as those already considered by the previous environmental analyses. Alternative Use of Resources The action does not involve the use of any different resources than those previously considered. Agencies and Persons Consulted The NRC issued for public comment a draft of the EA and FONSI in the Federal Register on March 8, 2017 (82 FR 13015). Comments were received from the Petitioners on April 7, 2017 (ADAMS Accession No. ML17107A145). Discussion of Comments The NRC staff has summarized the Petitioners' comments and has responded to them below. Petitioners comment 1. NRC staff's EA and FONSI fail to address numerous factors that trigger the need to prepare an Environmental Impact Statement (EIS). NRC should withdraw the EA and FONSI, and the approval of the exemption request granting approval to use the decommissioning trust fund for spent fuel management, and proceed to prepare an EIS that, among other things, addresses these comments and brings NRC's actions into compliance with NEPA. NRC response. The NRC disagrees with this comment. The NRC has evaluated the environmental impacts of the exemptions in its EA and concluded that the exemptions did not, and will not, have a significant effect on the quality of the human environment. Accordingly, the NRC has decided not to prepare an EIS for the action and is issuing a FONSI. Therefore, the NRC staff will not withdraw the draft EA and FONSI to prepare an EIS nor will the NRC staff withdraw the approval of the exemption request. The staff's responses to the Petitioners' comments that the EA and FONSI fail to address numerous factors triggering the need to prepare an EIS are described below. Petitioners comment 1.a. The sale of VY to NorthStar Nuclear Decommissioning Company, LLC (NorthStar), and its resulting changes to the plan, schedule, and cost estimate for decommissioning, is a reasonably foreseeable event that must be considered in the EA. The NRC ignored the pending sale of VY to NorthStar, and that sale's resulting changes to the plan, schedule, and cost estimate for decommissioning VY. NRC response. The NRC disagrees with this comment. The NRC is aware of the possible sale of VY to NorthStar, and that the sale may result in changes to the plan, schedule, and cost estimate for decommissioning. However, the NRC does not consider the sale reasonably foreseeable for purposes of this EA. The sale transaction is still pending regulatory review and approval by both the Vermont Public Service Board and the NRC. Pursuant to 10 CFR 50.80, the VY license may not be transferred, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the NRC gives its consent in writing. The license transfer request related to the pending sale of VY to NorthStar is currently under NRC review. For the NRC to evaluate the exemption request as if approval of the license transfer request were ``reasonably foreseeable'' would suggest that the NRC is inappropriately pre-judging the merits of the license transfer request that is still under the agency's review. Thus, the NRC does not consider it ``reasonably foreseeable'' that the license transfer request will be approved by the NRC and the Vermont Public Service Board. Accordingly, the NRC will not consider the possible sale of VY to NorthStar for purposes of this EA. Furthermore, pursuant to 10 CFR 50.33(k), the license transfer request is required to state information in the form of a report indicating how reasonable assurance will be provided that funds will be available to decommission the facility. Petitioners comment 1.b. The EA fails to consider the reasonably foreseeable possibility of a shortfall in the Trust resulting from allowing $225 million or more from the Trust to be diverted to non- decommissioning expenses. By allowing $225 million or more to be diverted from the Trust for non-decommissioning expenses, the NRC has greatly increased the chances of a shortfall in the Trust that could leave the site radiologically contaminated. NRC response. The NRC disagrees with this comment. In its evaluation of the underlying exemption request (80 FR 35992), the NRC staff performed an independent analysis of the Trust and confirmed that the existing funds, planned future contributions, and projected earnings of the Trust provide reasonable assurance of adequate funding to complete all NRC required decommissioning activities and to conduct irradiated fuel management in accordance with the VY Irradiated Fuel Management Plan and PSDAR. The NRC's regulations in 10 CFR 50.82 provide for the oversight of decommissioning funding until decommissioning is complete and the license is terminated. At all times, the licensee remains responsible to assure that sufficient funding remains available for decommissioning. Once a licensee has permanently ceased operations, it is required to report its decommissioning funding status on an annual basis. In these submittals, the licensee is required to report any differences between the estimated costs to decommission the site, and the amount of decommissioning funding available or anticipated at that time, including plans for making up any identified shortfalls. Independent of these submittals, the NRC staff will validate the licensee's reporting of this information and review the Trust status against any new information regarding radiological contamination at the site and the ability to meet the requirements for release of the site for unrestricted use. Any unanticipated Trust shortfalls must be covered by the licensee. Should the licensee fail to cover a shortfall, the NRC may pursue enforcement methods as determined to be appropriate. Given the NRC's regulatory framework for decommissioning funding assurance and the NRC's reasonable assurance findings in its evaluation of the exemption request, the NRC does not consider a shortfall in the Trust resulting from the exemptions to be reasonably foreseeable. Therefore, the Petitioners' comments suggesting that the NRC has greatly increased the chances of a shortfall in the Trust that could leave the site radiologically contaminated are unsupported and speculative. Petitioners comment 1.c. The EA fails to consider cumulative impacts resulting from all of the non-decommissioning expenses Entergy withdraws from the Trust. The EA looks only at one of Entergy's uses of the Trust for a non-decommissioning expense (spent fuel management). NRC staff [[Page 61043]] simply provided conclusory statements supporting its position. NRC response. The NRC disagrees with this comment. The EA appropriately considered all withdrawals from the decommissioning trust that would be permissible under the NRC's regulations and under the exemptions. Specifically, the EA considered withdrawals for decommissioning expenses, which are permitted by the NRC's regulations, and withdrawals for spent fuel management expenses, which are permitted by the exemptions. The EA did not consider withdrawals for any non- decommissioning expenses beyond spent fuel management expenses, because such withdrawals are prohibited by the NRC's regulations and are not allowed by the exemptions. In addition, this scope of the EA is appropriate because the NRC staff reviews the status of decommissioning funds annually during decommissioning to ensure that adequate funds for decommissioning are available and that withdrawals from the decommissioning fund are for approved purposes. Finally, the cumulative impacts of decommissioning were considered in the Decommissioning GEIS. Therefore, the EA's consideration of impacts was appropriate. Petitioners comment 1.d. The EA fails to consider reasonable alternatives. The only alternative that the NRC staff evaluated was denying Entergy's exemption request. The NRC staff failed to evaluate other alternatives, such as granting conditional approval. NRC response. The NRC disagrees that the EA fails to consider reasonable alternatives. The exemptions at issue here allow Entergy to use funds from the Trust for the non-decommissioning expense of irradiated fuel management activities. This EA evaluates denying the exemption request as a reasonable alternative to the action of granting the exemption request. Consistent with the NRC's regulations, imposing conditions on a licensee is typically done through the license amendment process and not through the exemption process; therefore, the NRC disagrees that it should have also evaluated as a reasonable alternative granting conditional approval of the exemption request. Petitioners comment 2. The publication of the EA after the relevant decision has already been made does not comply with NEPA's requirement that the analysis occur before a decision is made. The NRC approved the exemption request on June 23, 2015, but published the draft EA and FONSI for comment on March 8, 2017. The NRC staff relies on the Decommissioning Financial Status Report from March 30, 2015 to support the EA, when it had a more recent report from March 30, 2016. NRC response. The NRC disagrees with this comment. In CLI-16-17, the Commission directed the NRC staff ``to conduct an environmental assessment to examine the environmental impacts, if any, associated with the exemption.'' Although the Commission declined to reverse the staff's approval of the exemption request, it specified that if the staff's environmental review ``results in a determination of significant impacts, the Staff should promptly notify [the Commission] and, at that time, [the Commission] may reconsider whether the exemption should be stayed or vacated.'' The March 30, 2015 Decommissioning Financial Status Report (ADAMS Accession No. ML15092A141) was not needed to support the EA and neither was the more recent report from March 30, 2016 (ADAMS Accession No. ML16090A355). The supporting analysis of the adequacy of the Trust to provide reasonable assurance of adequate funding to complete all NRC required decommissioning activities and to conduct irradiated fuel management is described in the June 23, 2015 Federal Register Notice of the issuance of the exemptions. III. Finding of No Significant Impact Entergy proposed exemptions from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) to allow the licensee to use funds from the Trust for irradiated fuel management activities. The NRC granted the exemptions on June 23, 2015. Consistent with 10 CFR 51.21, the NRC conducted the EA for the exemptions included in Section II of this document and incorporated by reference into this finding. On the basis of this EA, the NRC concludes that the exemptions did not, and will not, have a significant effect on the quality of the human environment. Accordingly, the NRC has determined not to prepare an EIS for the action. Dated at Rockville, Maryland, this 19th day of December 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. 2017-27682 Filed 12-22-17; 8:45 am] BILLING CODE 7590-01-P
![61040 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices
If you would like to be added to the http://www.nrc.gov/reading-rm/ October 27, 2016 decision on the
distribution, please contact the Nuclear adams.html. To begin the search, select petition (ADAMS Accession No.
Regulatory Commission, Office of the ‘‘ADAMS Public Documents’’ and then ML16301A083), found that the
Secretary, Washington, DC 20555 (301– select ‘‘Begin Web-based ADAMS exemptions were ineligible for a
415–1969), or email Patricia.Jimenez@ Search.’’ For problems with ADAMS, categorical exclusion under the National
nrc.gov or Jennifer.BorgesRoman@ please contact the NRC’s Public Environmental Policy Act (NEPA), and
nrc.gov. Document Room (PDR) reference staff at directed the staff to conduct an EA to
Dated: December 20, 2017. 1–800–397–4209, 301–415–4737, or by examine the environmental impacts, if
Denise L. McGovern, email to pdr.resource@nrc.gov. The any, associated with the exemptions.
Policy Coordinator, Office of the Secretary.
ADAMS accession number for each Therefore, consistent with Commission
document referenced (if it is available in direction and with 10 CFR 51.21, the
[FR Doc. 2017–27844 Filed 12–21–17; 11:15 am]
ADAMS) is provided the first time that NRC prepared a draft EA to document
BILLING CODE 7590–01–P
it is mentioned in this document. its environmental review for the
• NRC’s PDR: You may examine and exemption request, and published the
purchase copies of public documents at draft EA for comment on March 8, 2017
NUCLEAR REGULATORY
the NRC’s PDR, Room O1–F21, One (82 FR 13015). Comments were received
COMMISSION
White Flint North, 11555 Rockville from the Petitioners on April 7, 2017
[Docket No. 50–271; NRC–2015–0157] Pike, Rockville, Maryland 20852. (ADAMS Accession No. ML17107A145).
FOR FURTHER INFORMATION CONTACT: Jack After consideration of those comments,
Entergy Nuclear Operations, Inc.; the staff has prepared this final EA.
D. Parrott, Office of Nuclear Reactor
Vermont Yankee Nuclear Power Based on the results of this final EA, the
Regulation, U.S. Nuclear Regulatory
Station NRC has determined that it is not
Commission, Washington, DC 20555–
AGENCY: Nuclear Regulatory 0001; telephone: 301–415–6634; email: necessary to prepare an environmental
Commission. Jack.Parrott@nrc.gov. impact statement and is therefore
ACTION: Final environmental assessment SUPPLEMENTARY INFORMATION: issuing this final FONSI.
and finding of no significant impact; II. Final Environmental Assessment
issuance. I. Introduction
On June 23, 2015 (80 FR 35992), the Description of the Action
SUMMARY: The U.S. Nuclear Regulatory NRC issued exemptions from sections The exemptions requested by Entergy
Commission (NRC) is issuing a final 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of on January 6, 2015, and granted by the
environmental assessment (EA) and title 10 of the Code of Federal NRC on June 23, 2015, exempt Entergy
finding of no significant impact (FONSI) Regulations (10 CFR) to Entergy, for from the requirements set forth in 10
regarding the issuance of two VY’s Renewed Facility Operating CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv).
exemptions in response to a January 6, License No. DPR–28. The VY facility is Specifically, the exemptions allow
2015 request from Entergy Nuclear located in Windham County, Vermont. Entergy to use funds from the Trust for
Operations, Inc. (Entergy or the The licensee requested the exemptions irradiated fuel management activities,
licensee), on behalf of the owners of the by letter dated January 6, 2015 (ADAMS not associated with radiological
Vermont Yankee Nuclear Power Station Accession No. ML15013A171). The decommissioning.
(VY). The exemptions allow the licensee exemptions allow the licensee to use
to use funds from the VY funds from the Trust for irradiated fuel Need for the Action
decommissioning trust fund (the Trust) management activities, in the similar By letter dated January 12, 2015
for irradiated fuel management manner that funds from the Trust are (ADAMS Accession No. ML15013A426),
activities. used under 10 CFR 50.82(a)(8) for Entergy informed the NRC that it had
DATES: The EA and FONSI referenced in decommissioning activities. As permanently ceased power operations at
this documents are available on explained below, although the VY and that the VY reactor vessel had
December 26, 2017. exemptions also exempted VY from the been permanently defueled.
ADDRESSES: Please refer to Docket ID regulatory requirement for prior In its January 6, 2015 exemption
NRC–2015–0157 when contacting the notification to the NRC of request, Entergy stated that it needed
NRC about the availability of disbursements from the Trust for access to the funds in the Trust, in
information regarding this document. irradiated fuel management activities, excess of those funds needed for
You may obtain publicly-available the licensee is still required to provide radiological decommissioning, to
information related to this document such prior notification to the NRC support irradiated fuel management
using any of the following methods: because of a separate requirement in the activities not associated with
• Federal Rulemaking website: Go to VY Renewed Facility Operating License. radiological decommissioning. As
http://www.regulations.gov and search At the time of issuance, the NRC’s required by 10 CFR 50.82(a)(8)(i)(A),
for Docket ID NRC–2015–0157. Address approval of the exemptions referenced decommissioning trust funds may be
questions about NRC dockets to Carol the categorical exclusion criteria under used by a licensee if the withdrawals are
Gallagher; telephone: 301–415–3463; 10 CFR 51.22(c)(25). However, on for expenses for legitimate
email: Carol.Gallagher@nrc.gov. For November 4, 2015, the State of Vermont, decommissioning activities consistent
technical questions, contact the the Vermont Yankee Nuclear Power with the definition of decommissioning
individual listed in the FOR FURTHER Corporation, and Green Mountain in 10 CFR 50.2. This definition
ethrower on DSK3G9T082PROD with NOTICES
INFORMATION CONTACT section of this Power Corporation (together, addresses radiological decommissioning
document. Petitioners) filed a petition (ADAMS and does not include activities
• NRC’s Agencywide Documents Accession No. ML16137A554) with the associated with irradiated fuel
Access and Management System Commission that, in part, challenged the management. Similarly, the
(ADAMS): You may obtain publicly- NRC staff’s use of a categorical requirements of 10 CFR 50.75(h)(1)(iv)
available documents online in the exclusion in granting the exemption restrict decommissioning trust fund
ADAMS Public Documents collection at request. The Commission, in their disbursements (other than for payments
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![Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices 61041
of ordinary administrative costs and 10 CFR 50.82(a)(8)(vi) requires that prior notification requirement. Similar
incidental expenses of the fund) to additional financial assurance to cover to the annual financial assurance status
decommissioning expenses until final the estimated costs to complete reports, prior notifications provide a
decommissioning has been completed. radiological decommissioning must be means for the NRC to monitor the
Therefore, Entergy needed exemptions provided. These annual reports provide adequacy of the funding available for
from 10 CFR 50.82(a)(8)(i)(A) and a means for the NRC to monitor the the radiological decommissioning of VY
50.75(h)(1)(iv) to allow the use of funds adequacy of the funding available for notwithstanding the exemptions
from the Trust for irradiated fuel the radiological decommissioning of VY allowing Entergy to use funds from the
management activities. notwithstanding the exemptions Trust for irradiated fuel management
allowing Entergy to use funds from the activities.
Environmental Impacts of the Action The environmental impacts of
Trust for irradiated fuel management
The exemptions are of a financial activities. decommissioning have been generically
nature and allow Entergy to use funds evaluated by the NRC and documented
Entergy also requested an exemption
from the Trust to pay for irradiated fuel in NUREG–0586, Supplement 1, Generic
from the 10 CFR 50.75(h)(1)(iv)
management activities. The exemptions Environmental Impact Statement [GEIS]
requirement that no disbursements may
do not authorize any additional on Decommissioning of Nuclear
be made from the Trust until written
regulatory or land-disturbing activities, Facilities (Decommissioning GEIS).
notice of the intention to make the
but do allow Entergy to finance Entergy’s Post-Shutdown
disbursement has been given to the NRC
irradiated fuel management activities, Decommissioning Activity Report
which support decommissioning. at least 30 working days before the date
(PSDAR) (ADAMS Accession No.
In granting the exemptions, the NRC of the intended disbursement, except
ML14357A110) discussed that the
staff performed an independent analysis that notification is not required after
impacts from the planned
of the Trust and confirmed that the decommissioning has begun and
decommissioning activities at VY are
existing funds, planned future withdrawals are made under 10 CFR
less than and bounded by the impacts
contributions, and projected earnings of 50.82(a)(8). The NRC granted this
considered in the Decommissioning
the Trust provide reasonable assurance exemption. However, the granting of
GEIS and NUREG–1496, Generic
of adequate funding to complete all NRC this exemption did not relieve Entergy
Environmental Impact Statement in
required decommissioning activities from a requirement for prior notification
Support of Rulemaking on Radiological
and to conduct irradiated fuel of disbursements of funds from the Criteria for License Termination of NRC-
management. Consequently, the staff Trust for irradiated fuel management Licensed Nuclear Facilities. The NRC
concluded that application of the activities because of additional language staff found that the PSDAR contained
requirements that funds from the Trust in the VY Renewed Facility Operating the required information, including a
only be used for decommissioning License and the VY Master discussion that provides the reasons for
activities and not for irradiated fuel Decommissioning Trust Agreement. concluding that the environmental
management was not necessary to Specifically, in accordance with the VY impacts associated with the
provide reasonable assurance that Renewed Facility Operating License decommissioning activities at VY will
adequate funds will be available for the (ADAMS Accession No. ML052720265), be bounded by previous analyses
radiological decommissioning of VY. Condition 3.J.a.(iii), the (ADAMS Accession No. ML15343A210).
The staff conclusion is also supported decommissioning trust agreement must The exemptions do not authorize
by the fact that the licensee has a provide that no disbursements or Entergy to perform new land-disturbing
comprehensive, regulation-based payments from the Trust, other than for activities that could affect land use,
decommissioning funding oversight ordinary administrative expenses, shall soils and geology, water resources,
program to provide reasonable be made by the trustee until the trustee ecological resources, or historic and
assurance that sufficient funding will be has first given the NRC 30 days prior cultural resources. The exemptions do
available for the radiological written notice of payment. Article IV, not authorize Entergy to conduct
decommissioning of VY. After Section 4.05, of the VY Master additional regulatory activities, outside
submitting its site-specific Decommissioning Trust Agreement those already licensed by the NRC;
Decommissioning Cost Estimate as (ADAMS Accession No. ML15111A086), therefore, there are no incremental
required by 10 CFR 50.82(a)(8)(iii), and by and between Entergy Nuclear effects to air quality, traffic and
until completing its final radiation Vermont Yankee, LLC, and The Bank of transportation, socioeconomics,
survey and demonstrating that residual New York Mellon as Trustee, provides environmental justice, or accidents. The
radioactivity has been reduced to a level that no disbursements or payments shall exemptions only change the source of
that permits termination of its license as be made by the Trustee, other than funds allowed for irradiated fuel
required by 10 CFR 50.82(a)(11), the administrative expenses, until the management activities. This will not
licensee is required by 10 CFR Trustee has first given the NRC 30 days increase the probability or consequences
50.82(a)(8)(v) to annually submit to the prior written notice of payment. of accidents and, as a result of the
NRC a financial assurance status report. Although Entergy had submitted a exemptions, there are no changes in the
The report must include, among other September 4, 2014 license amendment types or amounts of effluents that are, or
things, amounts spent on request to delete License Condition may be, released offsite. Entergy must
decommissioning, the remaining Trust 3.J.(a) and thus remove the prior continue to comply with all appropriate
balance, and estimated costs to notification requirement (ADAMS NRC regulations related to occupational
complete radiological decommissioning. Accession No. ML14254A405), Entergy and public radiation exposure and thus
ethrower on DSK3G9T082PROD with NOTICES
If the remaining Trust balance, plus withdrew this license amendment the exemptions will not result in an
earnings on such funds calculated at not request on September 22, 2015 (ADAMS increase to occupational or public
greater than a 2 percent real rate of Accession Nos. ML15267A074 and doses. Finally, Entergy is required to
return, plus any other financial ML15265A583). Therefore, License maintain adequate funding for the
assurance methods being relied upon, Condition 3.J.a.(iii) remains in effect radiological decommissioning of VY
does not cover the estimated costs to and, despite the granting of the and to provide information regarding
complete radiological decommissioning, exemptions, VY remains subject to a this funding to the NRC. Accordingly,
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![Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices 61043
simply provided conclusory statements staff relies on the Decommissioning NUCLEAR REGULATORY
supporting its position. Financial Status Report from March 30, COMMISSION
NRC response. The NRC disagrees 2015 to support the EA, when it had a
with this comment. The EA [NRC–2017–0237]
more recent report from March 30, 2016.
appropriately considered all
NRC response. The NRC disagrees Criteria for Accident Monitoring
withdrawals from the decommissioning
with this comment. In CLI–16–17, the Instrumentation for Nuclear Power
trust that would be permissible under
Commission directed the NRC staff ‘‘to Plants
the NRC’s regulations and under the
exemptions. Specifically, the EA conduct an environmental assessment to AGENCY: Nuclear Regulatory
considered withdrawals for examine the environmental impacts, if Commission.
decommissioning expenses, which are any, associated with the exemption.’’
ACTION: Draft regulatory guide; request
permitted by the NRC’s regulations, and Although the Commission declined to for comment.
withdrawals for spent fuel management reverse the staff’s approval of the
expenses, which are permitted by the exemption request, it specified that if SUMMARY: The U.S. Nuclear Regulatory
exemptions. The EA did not consider the staff’s environmental review ‘‘results Commission (NRC) is issuing for public
withdrawals for any non- in a determination of significant comment draft regulatory guide (DG),
decommissioning expenses beyond impacts, the Staff should promptly DG–1335, ‘‘Criteria for Accident
spent fuel management expenses, notify [the Commission] and, at that Monitoring Instrumentation for Nuclear
because such withdrawals are time, [the Commission] may reconsider Power Plants.’’ The DG–1335 is
prohibited by the NRC’s regulations and whether the exemption should be stayed proposed revision 5 of regulatory guide
are not allowed by the exemptions. In or vacated.’’ (RG) 1.97, (same title), last revised in
addition, this scope of the EA is June 2006 (Revision 4). This guide
appropriate because the NRC staff The March 30, 2015 Decommissioning
describes an approach that is acceptable
reviews the status of decommissioning Financial Status Report (ADAMS to the staff of the NRC to meet
funds annually during decommissioning Accession No. ML15092A141) was not regulatory requirements for
to ensure that adequate funds for needed to support the EA and neither instrumentation to monitor accidents in
decommissioning are available and that was the more recent report from March nuclear power plants. It endorses, with
withdrawals from the decommissioning 30, 2016 (ADAMS Accession No. clarifications, the Institute of Electrical
fund are for approved purposes. Finally, ML16090A355). The supporting and Electronic Engineers (IEEE)
the cumulative impacts of analysis of the adequacy of the Trust to Standard (Std.) 497–2016, ‘‘IEEE
decommissioning were considered in provide reasonable assurance of Standard Criteria for Accident
the Decommissioning GEIS. Therefore, adequate funding to complete all NRC Monitoring Instrumentation for Nuclear
the EA’s consideration of impacts was required decommissioning activities Power Generating Stations.’’
appropriate. and to conduct irradiated fuel DATES: Submit comments by February
Petitioners comment 1.d. The EA fails management is described in the June 23, 26, 2018. Comments received after this
to consider reasonable alternatives. The 2015 Federal Register Notice of the date will be considered if it is practical
only alternative that the NRC staff issuance of the exemptions. to do so, but the NRC is able to ensure
evaluated was denying Entergy’s
consideration only for comments
exemption request. The NRC staff failed III. Finding of No Significant Impact
to evaluate other alternatives, such as received on or before this date.
granting conditional approval. Entergy proposed exemptions from 10 Although a time limit is given,
NRC response. The NRC disagrees CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) comments and suggestions in
that the EA fails to consider reasonable to allow the licensee to use funds from connection with items for inclusion in
alternatives. The exemptions at issue the Trust for irradiated fuel management guides currently being developed or
here allow Entergy to use funds from the activities. The NRC granted the improvements in all published guides
Trust for the non-decommissioning exemptions on June 23, 2015. are encouraged at any time.
expense of irradiated fuel management ADDRESSES: You may submit comments
Consistent with 10 CFR 51.21, the
activities. This EA evaluates denying by any of the following methods:
NRC conducted the EA for the • Federal Rulemaking Website: Go to
the exemption request as a reasonable
exemptions included in Section II of http://www.regulations.gov and search
alternative to the action of granting the
exemption request. Consistent with the this document and incorporated by for Docket ID NRC–2017–0237. Address
NRC’s regulations, imposing conditions reference into this finding. On the basis questions about NRC dockets to Carol
on a licensee is typically done through of this EA, the NRC concludes that the Gallagher; telephone: 301–415–3463;
the license amendment process and not exemptions did not, and will not, have email: Carol.Gallagher@nrc.gov. For
through the exemption process; a significant effect on the quality of the technical questions, contact the
therefore, the NRC disagrees that it human environment. Accordingly, the individuals listed in the FOR FURTHER
should have also evaluated as a NRC has determined not to prepare an INFORMATION CONTACT section of this
reasonable alternative granting EIS for the action. document.
conditional approval of the exemption Dated at Rockville, Maryland, this 19th day • Mail comments to: May Ma, Office
request. of December 2017. of Administration, Mail Stop: OWFN–
Petitioners comment 2. The 12H08, U.S. Nuclear Regulatory
For the Nuclear Regulatory Commission.
publication of the EA after the relevant Commission, Washington, DC 20555–
ethrower on DSK3G9T082PROD with NOTICES
decision has already been made does Bruce Watson, 0001.
not comply with NEPA’s requirement Chief, Reactor Decommissioning Branch, For additional direction on obtaining
that the analysis occur before a decision Division of Decommissioning, Uranium information and submitting comments,
is made. The NRC approved the Recovery and Waste Programs, Office of see ‘‘Obtaining Information and
exemption request on June 23, 2015, but Nuclear Material Safety and Safeguards. Submitting Comments’’ in the
published the draft EA and FONSI for [FR Doc. 2017–27682 Filed 12–22–17; 8:45 am] SUPPLEMENTARY INFORMATION section of
comment on March 8, 2017. The NRC BILLING CODE 7590–01–P this document.
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Document Created: 2017-12-23 03:08:44
Document Modified: 2017-12-23 03:08:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Final environmental assessment and finding of no significant impact; issuance. | |
| Dates | The EA and FONSI referenced in this documents are available on December 26, 2017. | |
| 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] | |
| FR Citation | 82 FR 61040 |
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