83_FR_26611 83 FR 26501 - Pacific Gas and Electric Company Diablo Canyon Independent Spent Fuel Storage Installation

83 FR 26501 - Pacific Gas and Electric Company Diablo Canyon Independent Spent Fuel Storage Installation

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 110 (June 7, 2018)

Page Range26501-26503
FR Document2018-12249

The U.S. Nuclear Regulatory Commission (NRC) is considering issuing an environmental assessment (EA) and a finding of no significant impact (FONSI) for its review and approval of the decommissioning funding plans (DFPs) submitted by Pacific Gas and Electric Company (PGEC) on December 17, 2012, and December 17, 2015, for the independent spent fuel storage installation (ISFSI) at Diablo Canyon in Avila Beach, California.

Federal Register, Volume 83 Issue 110 (Thursday, June 7, 2018)
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Pages 26501-26503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12249]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-26; NRC-2018-0108]


Pacific Gas and Electric Company Diablo Canyon Independent Spent 
Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuing an environmental assessment (EA) and a finding of no 
significant impact (FONSI) for its review and approval of the 
decommissioning funding plans (DFPs) submitted by Pacific Gas and 
Electric Company (PGEC) on December 17, 2012, and December 17, 2015, 
for the independent spent fuel storage installation (ISFSI) at Diablo 
Canyon in Avila Beach, California.

DATES: The EA and FONSI referenced in this document are available on 
June 7, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0108 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-2018-0108. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if it is available in ADAMS) is provided the first time that it is 
mentioned in this document. In addition, for the convenience of the 
reader, the ADAMS accession numbers are provided in a table in the 
``Availability of Documents'' section of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Pamela Longmire, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7465, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering the approval of the DFPs for the Diablo 
Canyon ISFSI. PGEC submitted an initial DFP and an updated DFP for NRC 
review and approval by letters dated December 17, 2012 (ADAMS Accession 
No. ML12353A315), and December 17, 2015 (ADAMS Accession No. 
ML15351A502), respectively. The NRC staff has prepared a final EA 
(ADAMS Accession No. ML18131A047) in support of its review of PGEC's 
DFPs in accordance with the NRC regulations in part 51 of title 10 of 
the Code of Federal Regulations (10 CFR), ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
which implements the National Environmental Policy Act of 1969, as 
amended (42 U.S.C. 4321 et seq.). Based on the EA, the NRC staff has 
determined that approval of the DFPs for the Diablo Canyon ISFSI will 
not significantly affect the quality of the human environment, and 
accordingly, the staff has concluded that a FONSI is appropriate. The 
NRC staff further finds that preparation of an environmental impact 
statement is not warranted.

II. Environmental Assessment

Background

    The Diablo Canyon ISFSI is located in Avila Beach, California. PGEC 
is authorized by the NRC, under License No. SNM-2511, to store spent 
nuclear fuel at the Diablo Canyon ISFSI.
    The NRC requires its licensees to plan for the eventual 
decommissioning of their licensed facilities prior to license 
termination. On June 17, 2011, the NRC published a final rule in the 
Federal Register amending its decommissioning planning regulations (76 
FR 35512). The final rule amended the NRC regulation, 10 CFR 72.30, 
which concerns financial assurance and decommissioning for ISFSIs. This 
regulation now requires each holder of, or applicant for, a license 
under 10 CFR part 72 to submit, for NRC review and approval, a DFP. The 
purpose of the DFP is to demonstrate the licensee's financial assurance 
(i.e., that funds will be available to decommission the ISFSI). The NRC 
staff is reviewing the DFPs submitted by PGEC on December 13, 2012, and 
December 17, 2015. Specifically, the NRC must determine whether PGEC's 
DFPs contain the information required by Sec. Sec.  72.30(b) and (c), 
and whether PGEC has provided reasonable assurance that funds will be 
available to decommission the ISFSI.

Description of the Proposed Action

    The proposed action is the NRC's review and approval of PGEC's DFPs 
submitted in accordance with Sec. Sec.  72.30(b) and (c). To approve 
the DFPs, the NRC will evaluate whether the decommissioning cost 
estimate adequately estimates the cost to conduct the required ISFSI 
decommissioning activities prior to license termination,

[[Page 26502]]

including identification of the volume of onsite subsurface material 
containing residual radioactivity that will require remediation to meet 
the license termination criteria in Sec. Sec.  20.1402 or 20.1403. The 
NRC will also evaluate whether the aggregate dollar amount of PGEC 
financial instruments provides adequate financial assurance to cover 
the decommissioning cost estimate and that the financial instruments 
meet the criteria of 10 CFR 72.30(e). Finally, the NRC will evaluate 
whether the effects of the following events have been considered in 
PGEC's submittal: (1) Spills of radioactive material producing 
additional residual radioactivity in onsite subsurface material; (2) 
facility modifications; (3) changes in authorized possession limits; 
and (4) actual remediation costs that exceed the previous cost 
estimate, consistent with 10 CFR 72.30(c).
    The proposed action does not require any changes to the ISFSI's 
licensed routine operations, maintenance activities, or monitoring 
programs, nor does it require any new construction or land-disturbing 
activities. The scope of the proposed action concerns only the NRC's 
review and approval of PGEC's DFPs. The scope of the proposed action 
does not include, and will not result in, the review and approval of 
any decontamination or decommissioning activity or license termination 
for the ISFSI or any other part of Diablo Canyon.

Need for the Proposed Action

    The proposed action provides a means for PGEC to demonstrate that 
it will have sufficient funding to cover the costs of decommissioning 
the ISFSI, including the reduction of the residual radioactivity at the 
ISFSI to the level specified by the applicable NRC license termination 
regulations concerning release of the property (10 CFR 20.1402 or 10 
CFR 20.1403).

Environmental Impacts of the Proposed Action

    The NRC's approval of the DFPs will not change the scope or nature 
of the operation of the ISFSI and will not authorize any changes to 
licensed operations or maintenance activities. The NRC's approval of 
the DFPs will not result in any changes in the types, characteristics, 
or quantities of radiological or non-radiological effluents released 
into the environment from the ISFSI, or result in the creation of any 
solid waste. Moreover, the approval of the DFPs will not authorize any 
construction activity or facility modification. Therefore, the NRC 
staff concludes that the approval of PGEC's DFPs is a procedural and 
administrative action that will not result in any significant impact to 
the environment.
    Section 106 of the National Historic Preservation Act of 1966, as 
amended (NHPA), requires Federal agencies to consider the effects of 
their undertakings on historic properties. In accordance with the NHPA 
implementing regulations at 36 CFR part 800, ``Protection of Historic 
Properties,'' the NRC's approval of PGEC's DFPs constitutes a Federal 
undertaking. The NRC, however, has determined that the approval of the 
DFPs is a type of undertaking that does not have the potential to cause 
effects on historic properties, assuming such historic properties were 
present, because the NRC's approval of PGEC's DFPs will not authorize 
or result in changes to licensed operations or maintenance activities, 
or changes in the types, characteristics, or quantities of radiological 
or non-radiological effluents released into the environment from the 
ISFSI, or result in the creation of any solid waste. Therefore, in 
accordance with 36 CFR 800.3(a)(1), no consultation is required under 
Section 106 of the NHPA.
    Under Section 7 of the Endangered Species Act of 1973, prior to 
taking a proposed action, a Federal agency must determine whether (i) 
endangered and threatened species or their critical habitats are known 
to be in the vicinity of the proposed action and, if so, whether (ii) 
the proposed Federal action may affect listed species or critical 
habitats. The NRC has determined that the proposed action will have no 
effect on any listed species or their critical habitats because the 
NRC's approval of PGEC's DFPs will not authorize or result in changes 
to licensed operations or maintenance activities, or changes in the 
types, characteristics, or quantities of radiological or non-
radiological effluents released into the environment from the ISFSI, or 
result in the creation of any solid waste.

Alternative to the Proposed Action

    In addition to the proposed action, the NRC evaluated the no-action 
alternative. The no-action alternative is to deny PGEC's DFPs. A denial 
of a DFP that meets the criteria of Sec. Sec.  72.30(b) or (c) does not 
support the regulatory intent of the 2011 rulemaking. As noted in the 
EA for the 2011 rulemaking (ADAMS Accession No. ML090500648), not 
promulgating the 2011 final rule would have increased the likelihood of 
additional legacy sites. Thus, denying PGEC's DFPs, which the NRC has 
found to meet the criteria of Sec. Sec.  72.30(b) and (c), will 
undermine the licensee's decommissioning planning. On this basis, the 
NRC has concluded that the no-action alternative is not a viable 
alternative.

Agencies and Persons Consulted

    The NRC staff consulted with other agencies and parties regarding 
the environmental impacts of the proposed action. The NRC provided a 
draft of its EA to the California Energy Commission (CEC or State) by 
letter dated April 25, 2016 (ADAMS Accession No. ML17107A273), and gave 
the CEC 30 days to respond. The State did not respond. The NRC also 
consulted with the U.S. Fish and Wildlife Service by letter dated April 
25, 2016 (ADAMS Accession No. ML16120A606). However, the NRC staff has 
determined that consultation under Section 7 of the Endangered Species 
Act of 1973 is not required because the proposed action is 
administrative/procedural in nature and will not affect listed species 
or critical habitat (ADAMS Accession No. ML17135A062).

III. Finding of No Significant Impact

    The NRC staff has determined that the proposed action, the review 
and approval of PGEC's DFPs submitted in accordance with Sec. Sec.  
72.30(b) and (c), will not authorize or result in changes to licensed 
operations or maintenance activities, or changes in the types, 
characteristics, or quantities of radiological or non-radiological 
effluents released into the environment from the ISFSI, or result in 
the creation of any solid waste. Moreover, the approval of the DFPs 
will not authorize any construction activity, facility modification, or 
any other land-disturbing activity. The NRC staff has concluded that 
the proposed action is a procedural and administrative action and, as 
such, that the proposed action will not have a significant effect on 
the quality of the human environment. Therefore, the NRC staff has 
determined not to prepare an environmental impact statement for the 
proposed action but will issue this FONSI. In accordance with 10 CFR 
51.32(a)(4), the FONSI incorporates the EA by reference.

IV. Availability of Documents

    The following documents, related to this Notice, can be found using 
any of the methods provided in the following table. Instructions for 
accessing ADAMS were provided under the ADDRESSES section of this 
notice.

[[Page 26503]]



----------------------------------------------------------------------------------------------------------------
                  Date                               Document                      ADAMS Accession No.
----------------------------------------------------------------------------------------------------------------
December 17, 2012.......................  Submission of PGEC DFP.......  ML12353A315
December 17, 2015.......................  Submission of PGEC Triennial   ML15351A502
                                           DFP.
February 1, 2009........................  Environmental Assessment for   ML090500648
                                           Final Rule--Decommissioning
                                           Planning.
May 15, 2017............................  Note to File Re: Section 7     ML17135A062
                                           Consultations for ISFSI DFPs.
April 25, 2016..........................  Consultation Letter            ML17107A273
                                           (ML16120A553-RLSO).
April 25, 2016..........................  Letter to M. Fris, U.S. Fish   ML16120A606
                                           and Wildlife Service Re: NRC
                                           Preliminary Determination of
                                           No Effects Regarding the
                                           Diablo Canyon ISFSI DFP.
May 11, 2018............................  Final EA for the Approval of   ML18131A047
                                           the DFP.
----------------------------------------------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 4th day of June, 2018.

    For the Nuclear Regulatory Commission.
John McKirgan,
Branch Chief, Spent Fuel Licensing Branch, Division of Spent Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-12249 Filed 6-6-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices                                            26501

                                                treated as objections to the grant of the               spent fuel storage installation (ISFSI) at             (ADAMS Accession No. ML15351A502),
                                                contemplated partially exclusive patent                 Diablo Canyon in Avila Beach,                          respectively. The NRC staff has
                                                license. Objections submitted in                        California.                                            prepared a final EA (ADAMS Accession
                                                response to this notice will not be made                DATES: The EA and FONSI referenced in                  No. ML18131A047) in support of its
                                                available to the public for inspection                  this document are available on June 7,                 review of PGEC’s DFPs in accordance
                                                and, to the extent permitted by law, will               2018.                                                  with the NRC regulations in part 51 of
                                                not be released under the Freedom of                    ADDRESSES: Please refer to Docket ID
                                                                                                                                                               title 10 of the Code of Federal
                                                Information Act.                                        NRC–2018–0108 when contacting the                      Regulations (10 CFR), ‘‘Environmental
                                                ADDRESSES: Objections relating to the                   NRC about the availability of                          Protection Regulations for Domestic
                                                prospective license may be submitted to                 information regarding this document.                   Licensing and Related Regulatory
                                                Patent Counsel, Office of Chief Counsel,                You may obtain publicly-available                      Functions,’’ which implements the
                                                NASA Langley Research Center, MS 30,                    information related to this document                   National Environmental Policy Act of
                                                Hampton, Virginia 23681. Phone (757)                    using any of the following methods:                    1969, as amended (42 U.S.C. 4321 et
                                                864–3221. Facsimile (757) 864–9190.                        • Federal Rulemaking Website: Go to                 seq.). Based on the EA, the NRC staff has
                                                FOR FURTHER INFORMATION CONTACT:                        http://www.regulations.gov and search                  determined that approval of the DFPs
                                                Jonathan B. Soike, Patent Attorney,                     for Docket ID NRC–2018–0108. Address                   for the Diablo Canyon ISFSI will not
                                                Office of Chief Counsel, NASA Langley                   questions about NRC dockets to Jennifer                significantly affect the quality of the
                                                Research Center, MS 30, Hampton,                        Borges; telephone: 301–287–9127;                       human environment, and accordingly,
                                                Virginia 23681. Phone (757) 864–7863.                   email: Jennifer.Borges@nrc.gov. For                    the staff has concluded that a FONSI is
                                                Facsimile (757) 864–9190.                               technical questions, contact the                       appropriate. The NRC staff further finds
                                                                                                        individual listed in the FOR FURTHER                   that preparation of an environmental
                                                SUPPLEMENTARY INFORMATION: This
                                                                                                        INFORMATION CONTACT section of this                    impact statement is not warranted.
                                                notice of intent to grant a partially
                                                exclusive patent license is issued in                   document.                                              II. Environmental Assessment
                                                accordance with 35 U.S.C. 209(e) and 37                    • NRC’s Agencywide Documents
                                                                                                        Access and Management System                           Background
                                                CFR 404.7(a)(1)(i). The patent rights in
                                                these inventions have been assigned to                  (ADAMS): You may obtain publicly-                         The Diablo Canyon ISFSI is located in
                                                the United States of America as                         available documents online in the                      Avila Beach, California. PGEC is
                                                represented by the Administrator of the                 ADAMS Public Documents collection at                   authorized by the NRC, under License
                                                National Aeronautics and Space                          http://www.nrc.gov/reading-rm/                         No. SNM–2511, to store spent nuclear
                                                Administration. The prospective                         adams.html. To begin the search, select                fuel at the Diablo Canyon ISFSI.
                                                partially exclusive patent license will                 ‘‘ADAMS Public Documents’’ and then                       The NRC requires its licensees to plan
                                                comply with the requirements of 35                      select ‘‘Begin Web-based ADAMS                         for the eventual decommissioning of
                                                U.S.C. 209 and 37 CFR 404.7.                            Search.’’ For problems with ADAMS,                     their licensed facilities prior to license
                                                   Information about other NASA                         please contact the NRC’s Public                        termination. On June 17, 2011, the NRC
                                                inventions available for licensing can be               Document Room (PDR) reference staff at                 published a final rule in the Federal
                                                found online at http://                                 1–800–397–4209, 301–415–4737, or by                    Register amending its decommissioning
                                                technology.nasa.gov.                                    email to pdr.resource@nrc.gov. The                     planning regulations (76 FR 35512). The
                                                                                                        ADAMS accession number for each                        final rule amended the NRC regulation,
                                                Mark Dvorscak,                                          document referenced in this document                   10 CFR 72.30, which concerns financial
                                                Agency Counsel for Intellectual Property.               (if it is available in ADAMS) is provided              assurance and decommissioning for
                                                [FR Doc. 2018–12231 Filed 6–6–18; 8:45 am]              the first time that it is mentioned in this            ISFSIs. This regulation now requires
                                                BILLING CODE 7510–13–P                                  document. In addition, for the                         each holder of, or applicant for, a
                                                                                                        convenience of the reader, the ADAMS                   license under 10 CFR part 72 to submit,
                                                                                                        accession numbers are provided in a                    for NRC review and approval, a DFP.
                                                NUCLEAR REGULATORY                                      table in the ‘‘Availability of Documents’’             The purpose of the DFP is to
                                                COMMISSION                                              section of this document.                              demonstrate the licensee’s financial
                                                                                                           • NRC’s PDR: You may examine and                    assurance (i.e., that funds will be
                                                [Docket No. 72–26; NRC–2018–0108]                       purchase copies of public documents at                 available to decommission the ISFSI).
                                                                                                        the NRC’s PDR, Room O1–F21, One                        The NRC staff is reviewing the DFPs
                                                Pacific Gas and Electric Company
                                                                                                        White Flint North, 11555 Rockville                     submitted by PGEC on December 13,
                                                Diablo Canyon Independent Spent Fuel
                                                                                                        Pike, Rockville, Maryland 20852.                       2012, and December 17, 2015.
                                                Storage Installation
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       Specifically, the NRC must determine
                                                AGENCY:  Nuclear Regulatory                             Pamela Longmire, Office of Nuclear                     whether PGEC’s DFPs contain the
                                                Commission.                                             Material Safety and Safeguards, U.S.                   information required by §§ 72.30(b) and
                                                ACTION: Environmental assessment and                    Nuclear Regulatory Commission,                         (c), and whether PGEC has provided
                                                finding of no significant impact;                       Washington, DC 20555–0001; telephone:                  reasonable assurance that funds will be
                                                issuance.                                               301–415–7465, email:                                   available to decommission the ISFSI.
                                                                                                        Pamela.Longmire@nrc.gov.
                                                SUMMARY:  The U.S. Nuclear Regulatory                                                                          Description of the Proposed Action
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                Commission (NRC) is considering                                                                                  The proposed action is the NRC’s
                                                issuing an environmental assessment                     I. Introduction                                        review and approval of PGEC’s DFPs
sradovich on DSK3GMQ082PROD with NOTICES




                                                (EA) and a finding of no significant                       The NRC is considering the approval                 submitted in accordance with
                                                impact (FONSI) for its review and                       of the DFPs for the Diablo Canyon ISFSI.               §§ 72.30(b) and (c). To approve the
                                                approval of the decommissioning                         PGEC submitted an initial DFP and an                   DFPs, the NRC will evaluate whether
                                                funding plans (DFPs) submitted by                       updated DFP for NRC review and                         the decommissioning cost estimate
                                                Pacific Gas and Electric Company                        approval by letters dated December 17,                 adequately estimates the cost to conduct
                                                (PGEC) on December 17, 2012, and                        2012 (ADAMS Accession No.                              the required ISFSI decommissioning
                                                December 17, 2015, for the independent                  ML12353A315), and December 17, 2015                    activities prior to license termination,


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                                                26502                          Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices

                                                including identification of the volume                  concludes that the approval of PGEC’s                  to meet the criteria of §§ 72.30(b) and
                                                of onsite subsurface material containing                DFPs is a procedural and administrative                (c), will undermine the licensee’s
                                                residual radioactivity that will require                action that will not result in any                     decommissioning planning. On this
                                                remediation to meet the license                         significant impact to the environment.                 basis, the NRC has concluded that the
                                                termination criteria in §§ 20.1402 or                      Section 106 of the National Historic                no-action alternative is not a viable
                                                20.1403. The NRC will also evaluate                     Preservation Act of 1966, as amended                   alternative.
                                                whether the aggregate dollar amount of                  (NHPA), requires Federal agencies to
                                                PGEC financial instruments provides                     consider the effects of their                          Agencies and Persons Consulted
                                                adequate financial assurance to cover                   undertakings on historic properties. In
                                                                                                                                                                  The NRC staff consulted with other
                                                the decommissioning cost estimate and                   accordance with the NHPA
                                                                                                                                                               agencies and parties regarding the
                                                that the financial instruments meet the                 implementing regulations at 36 CFR part
                                                                                                                                                               environmental impacts of the proposed
                                                criteria of 10 CFR 72.30(e). Finally, the               800, ‘‘Protection of Historic Properties,’’
                                                                                                        the NRC’s approval of PGEC’s DFPs                      action. The NRC provided a draft of its
                                                NRC will evaluate whether the effects of
                                                                                                        constitutes a Federal undertaking. The                 EA to the California Energy Commission
                                                the following events have been
                                                                                                        NRC, however, has determined that the                  (CEC or State) by letter dated April 25,
                                                considered in PGEC’s submittal: (1)
                                                Spills of radioactive material producing                approval of the DFPs is a type of                      2016 (ADAMS Accession No.
                                                additional residual radioactivity in                    undertaking that does not have the                     ML17107A273), and gave the CEC 30
                                                onsite subsurface material; (2) facility                potential to cause effects on historic                 days to respond. The State did not
                                                modifications; (3) changes in authorized                properties, assuming such historic                     respond. The NRC also consulted with
                                                possession limits; and (4) actual                       properties were present, because the                   the U.S. Fish and Wildlife Service by
                                                remediation costs that exceed the                       NRC’s approval of PGEC’s DFPs will not                 letter dated April 25, 2016 (ADAMS
                                                previous cost estimate, consistent with                 authorize or result in changes to                      Accession No. ML16120A606).
                                                10 CFR 72.30(c).                                        licensed operations or maintenance                     However, the NRC staff has determined
                                                  The proposed action does not require                  activities, or changes in the types,                   that consultation under Section 7 of the
                                                any changes to the ISFSI’s licensed                     characteristics, or quantities of                      Endangered Species Act of 1973 is not
                                                routine operations, maintenance                         radiological or non-radiological                       required because the proposed action is
                                                activities, or monitoring programs, nor                 effluents released into the environment                administrative/procedural in nature and
                                                does it require any new construction or                 from the ISFSI, or result in the creation              will not affect listed species or critical
                                                land-disturbing activities. The scope of                of any solid waste. Therefore, in                      habitat (ADAMS Accession No.
                                                the proposed action concerns only the                   accordance with 36 CFR 800.3(a)(1), no                 ML17135A062).
                                                NRC’s review and approval of PGEC’s                     consultation is required under Section
                                                                                                                                                               III. Finding of No Significant Impact
                                                DFPs. The scope of the proposed action                  106 of the NHPA.
                                                does not include, and will not result in,                  Under Section 7 of the Endangered                      The NRC staff has determined that the
                                                the review and approval of any                          Species Act of 1973, prior to taking a                 proposed action, the review and
                                                decontamination or decommissioning                      proposed action, a Federal agency must                 approval of PGEC’s DFPs submitted in
                                                activity or license termination for the                 determine whether (i) endangered and                   accordance with §§ 72.30(b) and (c), will
                                                ISFSI or any other part of Diablo                       threatened species or their critical                   not authorize or result in changes to
                                                Canyon.                                                 habitats are known to be in the vicinity               licensed operations or maintenance
                                                                                                        of the proposed action and, if so,                     activities, or changes in the types,
                                                Need for the Proposed Action                            whether (ii) the proposed Federal action               characteristics, or quantities of
                                                  The proposed action provides a                        may affect listed species or critical                  radiological or non-radiological
                                                means for PGEC to demonstrate that it                   habitats. The NRC has determined that                  effluents released into the environment
                                                will have sufficient funding to cover the               the proposed action will have no effect                from the ISFSI, or result in the creation
                                                costs of decommissioning the ISFSI,                     on any listed species or their critical                of any solid waste. Moreover, the
                                                including the reduction of the residual                 habitats because the NRC’s approval of                 approval of the DFPs will not authorize
                                                radioactivity at the ISFSI to the level                 PGEC’s DFPs will not authorize or result               any construction activity, facility
                                                specified by the applicable NRC license                 in changes to licensed operations or                   modification, or any other land-
                                                termination regulations concerning                      maintenance activities, or changes in                  disturbing activity. The NRC staff has
                                                release of the property (10 CFR 20.1402                 the types, characteristics, or quantities              concluded that the proposed action is a
                                                or 10 CFR 20.1403).                                     of radiological or non-radiological
                                                                                                                                                               procedural and administrative action
                                                                                                        effluents released into the environment
                                                Environmental Impacts of the Proposed                                                                          and, as such, that the proposed action
                                                                                                        from the ISFSI, or result in the creation
                                                Action                                                                                                         will not have a significant effect on the
                                                                                                        of any solid waste.
                                                   The NRC’s approval of the DFPs will                                                                         quality of the human environment.
                                                not change the scope or nature of the                   Alternative to the Proposed Action                     Therefore, the NRC staff has determined
                                                operation of the ISFSI and will not                       In addition to the proposed action, the              not to prepare an environmental impact
                                                authorize any changes to licensed                       NRC evaluated the no-action alternative.               statement for the proposed action but
                                                operations or maintenance activities.                   The no-action alternative is to deny                   will issue this FONSI. In accordance
                                                The NRC’s approval of the DFPs will not                 PGEC’s DFPs. A denial of a DFP that                    with 10 CFR 51.32(a)(4), the FONSI
                                                result in any changes in the types,                     meets the criteria of §§ 72.30(b) or (c)               incorporates the EA by reference.
                                                characteristics, or quantities of                       does not support the regulatory intent of              IV. Availability of Documents
                                                radiological or non-radiological                        the 2011 rulemaking. As noted in the
sradovich on DSK3GMQ082PROD with NOTICES




                                                effluents released into the environment                 EA for the 2011 rulemaking (ADAMS                        The following documents, related to
                                                from the ISFSI, or result in the creation               Accession No. ML090500648), not                        this Notice, can be found using any of
                                                of any solid waste. Moreover, the                       promulgating the 2011 final rule would                 the methods provided in the following
                                                approval of the DFPs will not authorize                 have increased the likelihood of                       table. Instructions for accessing ADAMS
                                                any construction activity or facility                   additional legacy sites. Thus, denying                 were provided under the ADDRESSES
                                                modification. Therefore, the NRC staff                  PGEC’s DFPs, which the NRC has found                   section of this notice.



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                                                                                   Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices                                                                       26503

                                                             Date                                                                        Document                                                                 ADAMS Accession No.

                                                December 17, 2012 ........         Submission of PGEC DFP .....................................................................................................   ML12353A315
                                                December 17, 2015 ........         Submission of PGEC Triennial DFP ......................................................................................        ML15351A502
                                                February 1, 2009 ............      Environmental Assessment for Final Rule—Decommissioning Planning .............................                                 ML090500648
                                                May 15, 2017 ..................    Note to File Re: Section 7 Consultations for ISFSI DFPs .....................................................                  ML17135A062
                                                April 25, 2016 .................   Consultation Letter (ML16120A553–RLSO) ..........................................................................              ML17107A273
                                                April 25, 2016 .................   Letter to M. Fris, U.S. Fish and Wildlife Service Re: NRC Preliminary Determination of No                                      ML16120A606
                                                                                     Effects Regarding the Diablo Canyon ISFSI DFP.
                                                May 11, 2018 ..................    Final EA for the Approval of the DFP ....................................................................................      ML18131A047



                                                   Dated at Rockville, Maryland, this 4th day                     Contact Information: Maryann                                      NUCLEAR REGULATORY
                                                of June, 2018.                                                  Ayoade, email: Maryann.Ayoade@                                      COMMISSION
                                                   For the Nuclear Regulatory Commission.                       nrc.gov, telephone: (301) 415–0862.
                                                                                                                                                                                    [NRC–2018–0109]
                                                John McKirgan,
                                                Branch Chief, Spent Fuel Licensing Branch,
                                                                                                                Conduct of the Meeting
                                                                                                                                                                                    Draft Letter to the Nuclear Energy
                                                Division of Spent Fuel Management, Office                          Dr. Christopher Palestro, ACMUI                                  Institute Regarding the Clarification of
                                                of Nuclear Material Safety and Safeguards.
                                                                                                                Chairman, will preside over the                                     Regulatory Paths for Lead Test
                                                [FR Doc. 2018–12249 Filed 6–6–18; 8:45 am]                                                                                          Assemblies
                                                                                                                meeting. Dr. Palestro will conduct the
                                                BILLING CODE 7590–01–P
                                                                                                                meeting in a manner that will facilitate                            AGENCY: Nuclear Regulatory
                                                                                                                the orderly conduct of business. The                                Commission.
                                                NUCLEAR REGULATORY                                              following procedures apply to public                                ACTION: Notice of availability;
                                                COMMISSION                                                      participation in the meeting:                                       opportunity for comment.
                                                                                                                   1. Persons who wish to provide a
                                                Advisory Committee on the Medical                               written statement should submit an                                  SUMMARY:    The U.S. Nuclear Regulatory
                                                Uses of Isotopes: Meeting Notice                                electronic copy to Ms. Ayoade at the                                Commission (NRC) is soliciting public
                                                                                                                contact information listed above. All                               comments on a draft letter to the
                                                AGENCY: Nuclear Regulatory                                                                                                          Nuclear Energy Institute (NEI) clarifying
                                                Commission.                                                     submittals must be received by July 11,
                                                                                                                                                                                    the regulatory paths for the use of lead
                                                                                                                2018, three business days prior to the
                                                ACTION: Notice of meeting.                                                                                                          test assemblies (LTAs). This draft letter
                                                                                                                meeting, and must pertain to the topic                              would finalize the NRC staff’s views on
                                                SUMMARY:    The U.S. Nuclear Regulatory                         on the agenda for the meeting.                                      the preliminary positions regarding
                                                Commission (NRC) will convene a                                    2. Questions and comments from                                   LTAs provided in a letter to NEI dated
                                                teleconference meeting of the Advisory                          members of the public will be permitted                             June 29, 2017. The NRC does not
                                                Committee on the Medical Uses of                                during the meetings, at the discretion of                           currently have consolidated regulatory
                                                Isotopes (ACMUI) on July 16, 2018, to                           the Chairman.                                                       guidance regarding the use of LTAs.
                                                discuss the draft report of the ACMUI                                                                                               Therefore, the NRC has drafted this
                                                Subcommittee on Training and                                       3. The draft transcript and meeting
                                                                                                                summary will be available on the                                    letter to clarify its positions regarding
                                                Experience Requirements for All                                                                                                     the use of LTAs. These positions would
                                                Modalities. This report will include the                        ACMUI’s website http://www.nrc.gov/
                                                                                                                                                                                    affect light-water reactor licensees who
                                                subcommittee’s comments on the NRC                              reading-rm/doc-collections/acmui/
                                                                                                                                                                                    wish to irradiate LTAs.
                                                staff’s evaluation of the training and                          meetings/2018.html on or about August
                                                                                                                                                                                    DATES: Submit comments by June 27,
                                                experience requirements for different                           27, 2018.
                                                                                                                                                                                    2018. Comments received after this date
                                                categories of radiopharmaceuticals in                              This meeting will be held in                                     will be considered if it is practical to do
                                                Title 10 of the Code of Federal                                 accordance with the Atomic Energy Act                               so, but the Commission is able to ensure
                                                Regulations, part 35, ‘‘Medical Use of                          of 1954, as amended (primarily Section                              consideration only for comments
                                                Byproduct Material,’’ Subpart E,                                161a); the Federal Advisory Committee                               received before this date.
                                                ‘‘Unsealed Byproduct Material—Written                           Act (5 U.S.C. App); and the                                         ADDRESSES: You may submit comments
                                                Directive Required.’’ Meeting                                   Commission’s regulations in Title 10 of                             by any of the following methods:
                                                information, including a copy of the                            the Code of Federal Regulations, part 7,                               • Federal Rulemaking website: Go to
                                                agenda and handouts, will be available                          ‘‘Advisory Committees.’’                                            http://www.regulations.gov and search
                                                at http://www.nrc.gov/reading-rm/doc-                                                                                               for Docket ID NRC–2018–0109. Address
                                                collections/acmui/meetings/2018.html.                             Dated at Rockville, Maryland, this 4th day
                                                                                                                of June, 2018.                                                      questions about NRC dockets to Jennifer
                                                The agenda and handouts may also be                                                                                                 Borges; telephone: 301–287–9127;
                                                obtained by contacting Ms. Maryann                                For the Nuclear Regulatory Commission.
                                                                                                                                                                                    email: Jennifer.Borges@nrc.gov. For
                                                Ayoade using the information below.                             Russell E. Chazell,                                                 technical questions, contact the
                                                DATES: The teleconference meeting will                          Federal Advisory Committee Management                               individuals listed in the FOR FURTHER
                                                be held on Monday, July 16, 2018, 2:00                          Officer.                                                            INFORMATION CONTACT section of this
                                                p.m. to 4:00 p.m. Eastern Time.                                 [FR Doc. 2018–12269 Filed 6–6–18; 8:45 am]                          document.
                                                   Public Participation: Any member of                                                                                                • Mail comments to: May Ma, Office
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                BILLING CODE 7590–01–P
                                                the public who wishes to participate in                                                                                             of Administration, Mail Stop: TWFN–7–
                                                the teleconference should contact Ms.                                                                                               A60M, U.S. Nuclear Regulatory
                                                Ayoade using the contact information                                                                                                Commission, Washington, DC 20555–
                                                below or may register for the                                                                                                       0001.
                                                GoToWebinar at https://                                                                                                               For additional direction on obtaining
                                                attendee.gotowebinar.com/register/                                                                                                  information and submitting comments,
                                                2201638285137455618.                                                                                                                see ‘‘Obtaining Information and


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Document Created: 2018-06-07 00:50:28
Document Modified: 2018-06-07 00:50:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionEnvironmental assessment and finding of no significant impact; issuance.
DatesThe EA and FONSI referenced in this document are available on June 7, 2018.
ContactPamela Longmire, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7465, email: [email protected]
FR Citation83 FR 26501 

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