83 FR 33963 - Nuclear Innovation North America, LLC; South Texas Project, Units 3 and 4

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 138 (July 18, 2018)

Page Range		33963-33964
FR Document		2018-15302

The U.S. Nuclear Regulatory Commission (NRC) is terminating the South Texas Project (STP) Units 3 and 4 Combined Licenses (COLs) designated as NPF-97 and NPF-98, and their included licenses to manufacture, produce, transfer, receive, acquire, own, possess, or use byproduct material. By letter dated June 22, 2018, Nuclear Innovation North America, LLC (NINA) requested that the NRC terminate the STP Units 3 and 4 COLs. Construction was not initiated for STP Units 3 and 4, and nuclear materials were never procured or possessed under these licenses. Consequently, the STP Units 3 and 4 site is approved for unrestricted use.

Federal Register, Volume 83 Issue 138 (Wednesday, July 18, 2018)

[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Notices]
[Pages 33963-33964]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-15302]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-012 and 52-013; NRC-2008-0091]

Nuclear Innovation North America, LLC; South Texas Project, Units
3 and 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Termination of licenses.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is terminating
the South Texas Project (STP) Units 3 and 4 Combined Licenses (COLs)
designated as NPF-97 and NPF-98, and their included licenses to
manufacture, produce, transfer, receive, acquire, own, possess, or use
byproduct material. By letter dated June 22, 2018, Nuclear Innovation
North America, LLC (NINA) requested that the NRC terminate the STP
Units 3 and 4 COLs. Construction was not initiated for STP Units 3 and
4, and nuclear materials were never procured or possessed under these
licenses. Consequently, the STP Units 3 and 4 site is approved for
unrestricted use.

DATES: The termination was issued on July 13, 2018.

ADDRESSES: Please refer to Docket ID NRC-2008-0091 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-2008-0091. Address
questions about NRC dockets to Jennifer Borges, telephone: 301-287-
9127; email: Jennifer.Borges@nrc.gov. 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 pdr.resource@nrc.gov. 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: James Shea, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-1388, email: James.Shea@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

The NRC issued STP Units 3 and 4 COLs, NPF-97 and NPF-98, to NINA
and its co-applicants STP Nuclear Operating Company, NINA Texas 3 LLC,
NINA Texas 4 LLC, and the City of San Antonio, Texas, acting by and
through the City Public Service Board, for the STP Units 3 and 4 on
February 12, 2016 (ADAMS Accession No. ML16033A010). Since issuance of
the licenses, NINA has not begun construction of Units 3 and 4 or
procured nuclear materials for use under the licenses. In NINA's letter
dated June 14, 2018 (ADAMS Accession No. ML18176A019), NINA informed
the NRC that it no longer plans to move forward with building STP Units
3 and 4 and would consequently submit an application for termination of
the licenses. By subsequent letter dated June 22, 2018 (ADAMS Accession
No. ML18184A338), NINA requested termination of COLs NPF-97 and NPF-98
and their included title 10 of the Code of Federal Regulations (10 CFR)
parts 30, 40, and 70 licenses for STP Units 3 and 4.

II. License Termination

Termination of COLs issued under 10 CFR part 52 is controlled by 10
CFR 52.110, ``Termination of license.'' As discussed in ``Current NRC
Staff Views on Applying the 1987 Policy Statement on Deferred Plants''
(ADAMS Accession No. ML18065B257), the NRC staff does not apply the
requirements for termination in 10 CFR 52.110 to plants that have not
begun operation. Requirements for termination of the included licenses
under sections 30.36, 40.42, and 70.38 of 10 CFR include the submission
of NRC Form 314 or equivalent information. The staff finds that NINA
met these requirements through the information provided as part of its
June 22, 2018, submission.
Further, as there was no construction associated with the STP Unit
3 and 4 licenses and nuclear materials have never been procured or
possessed under these licenses, there is no need for a site radiation
survey to be conducted under 10 CFR parts 30, 40, or 70. With no
radiological contamination associated with the licenses, the STP Unit 3
and 4 site may be released for unrestricted use pursuant to 10 CFR
20.1402.

[[Page 33964]]

III. Environmental Review

NINA seeks to terminate the STP Unit 3 and 4 COLs for which
construction never commenced and nuclear material was never procured or
brought onsite. Terminating a COL is a licensing action that would
ordinarily require an environmental assessment under 10 CFR 51.21,
unless a categorical exclusion in 10 CFR 51.22(c) applies and no
special circumstances under 10 CFR 51.22(b) exist. Actions listed in 10
CFR 51.22(c) were previously found by the Commission to be part of a
category of actions that ``does not individually or cumulatively have a
significant effect on the human environment.''
The categorical exclusion identified in 51.22(c)(20) includes:
Decommissioning of sites where licensed operations have been
limited to the use of--
(i) Small quantities of short-lived radioactive materials;
(ii) Radioactive materials in sealed sources, provided there is no
evidence of leakage of radioactive material from these sealed sources;
or
(iii) Radioactive materials in such a manner that a decommissioning
plan is not required by 10 CFR 30.36(g)(1), 40.42(g)(1), or 70.38(g)(1)
and the NRC has determined that the facility meets the radiological
criteria for unrestricted use in 10 CFR 20.1402 without further
remediation or analysis.
This categorical exclusion captures decommissioning activities at
sites where contamination from radioactive material is determined to be
nominal. In the case of STP Units 3 and 4, no associated radiological
contamination exists because construction never commenced and nuclear
material was never procured or brought on site. As a result, a
decommissioning plan for this site is not required by 10 CFR
30.36(g)(1), 40.42(g)(1), or 70.38(g)(1), and the site meets the
radiological criteria for unrestricted use in 10 CFR 20.1402 without
further remediation or analysis. Further, no special circumstances
under 10 CFR 51.22(b) apply. The factors listed in 10 CFR 51.22(c)(20)
are consistent with the circumstances here because there is no
environmental impact associated with the STP Unit 3 and 4 COLs, which
is even less than the nominal impacts anticipated by the categorical
exclusion. Therefore, application of the categorical exclusion to the
termination of the STP Units 3 and 4 COLs is warranted. Consequently,
in accordance with 10 CFR 51.21, an environmental assessment is not
required for the termination of COLs NPF-97 and NPF-98 and their
included 10 CFR parts 30, 40, and 70 licenses.

IV. Conclusion

As discussed above, the Commission has determined that the STP Unit
3 and 4 COL termination request meets the categorical exclusion
criteria set forth in 10 CFR 51.22(c)(20) and that the unrestricted use
criteria pursuant to 10 CFR 20.1402 are met. The Commission grants
NINA's request to terminate the COLs designated as NPF-97 and NPF-98
and their included 10 CFR parts 30, 40, and 70 licenses for STP Unit 3
and 4. This license termination was effective upon NINA's receipt of
NRC's termination letter, dated July 12, 2018 (ADAMS Accession No.
ML18179A217).

Dated at Rockville, Maryland, this 13th day of July 2018.

For the Nuclear Regulatory Commission.
Allen H. Fetter,
Acting Chief, Licensing Branch 3, Division of Licensing, Siting, and
Environmental Analysis Office of New Reactors.
[FR Doc. 2018-15302 Filed 7-17-18; 8:45 am]
BILLING CODE 7590-01-P

33964 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Notices

III. Environmental Review 98 and their included 10 CFR parts 30, Commission to consider matters related
40, and 70 licenses. to negotiated service agreement(s). The
NINA seeks to terminate the STP Unit
request(s) may propose the addition or
3 and 4 COLs for which construction IV. Conclusion
removal of a negotiated service
never commenced and nuclear material As discussed above, the Commission agreement from the market dominant or
was never procured or brought onsite. has determined that the STP Unit 3 and the competitive product list, or the
Terminating a COL is a licensing action 4 COL termination request meets the modification of an existing product
that would ordinarily require an categorical exclusion criteria set forth in currently appearing on the market
environmental assessment under 10 10 CFR 51.22(c)(20) and that the dominant or the competitive product
CFR 51.21, unless a categorical unrestricted use criteria pursuant to 10 list.
exclusion in 10 CFR 51.22(c) applies CFR 20.1402 are met. The Commission Section II identifies the docket
and no special circumstances under 10 grants NINA’s request to terminate the number(s) associated with each Postal
CFR 51.22(b) exist. Actions listed in 10 COLs designated as NPF–97 and NPF– Service request, the title of each Postal
CFR 51.22(c) were previously found by 98 and their included 10 CFR parts 30, Service request, the request’s acceptance
the Commission to be part of a category 40, and 70 licenses for STP Unit 3 and date, and the authority cited by the
of actions that ‘‘does not individually or 4. This license termination was effective Postal Service for each request. For each
cumulatively have a significant effect on upon NINA’s receipt of NRC’s request, the Commission appoints an
the human environment.’’ termination letter, dated July 12, 2018 officer of the Commission to represent
The categorical exclusion identified (ADAMS Accession No. ML18179A217). the interests of the general public in the
in 51.22(c)(20) includes: Dated at Rockville, Maryland, this 13th day proceeding, pursuant to 39 U.S.C. 505
Decommissioning of sites where of July 2018. (Public Representative). Section II also
licensed operations have been limited to For the Nuclear Regulatory Commission. establishes comment deadline(s)
the use of— Allen H. Fetter, pertaining to each request.
(i) Small quantities of short-lived Acting Chief, Licensing Branch 3, Division The public portions of the Postal
radioactive materials; of Licensing, Siting, and Environmental Service’s request(s) can be accessed via
(ii) Radioactive materials in sealed Analysis Office of New Reactors. the Commission’s website (http://
sources, provided there is no evidence [FR Doc. 2018–15302 Filed 7–17–18; 8:45 am] www.prc.gov). Non-public portions of
of leakage of radioactive material from BILLING CODE 7590–01–P
the Postal Service’s request(s), if any,
these sealed sources; or can be accessed through compliance
(iii) Radioactive materials in such a with the requirements of 39 CFR
manner that a decommissioning plan is POSTAL REGULATORY COMMISSION 3007.40.
not required by 10 CFR 30.36(g)(1), The Commission invites comments on
40.42(g)(1), or 70.38(g)(1) and the NRC [Docket No. CP2018–268] whether the Postal Service’s request(s)
has determined that the facility meets in the captioned docket(s) are consistent
New Postal Product with the policies of title 39. For
the radiological criteria for unrestricted
use in 10 CFR 20.1402 without further AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states
remediation or analysis. ACTION: Notice. concern market dominant product(s),
applicable statutory and regulatory
This categorical exclusion captures
SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39
decommissioning activities at sites
recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39
where contamination from radioactive
Commission’s consideration concerning CFR part 3020, subpart B. For request(s)
material is determined to be nominal. In
negotiated service agreements. This that the Postal Service states concern
the case of STP Units 3 and 4, no
notice informs the public of the filing, competitive product(s), applicable
associated radiological contamination
invites public comment, and takes other statutory and regulatory requirements
exists because construction never
administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633,
commenced and nuclear material was
DATES: Comments are due: July 20, 39 U.S.C. 3642, 39 CFR part 3015, and
never procured or brought on site. As a
2018. 39 CFR part 3020, subpart B. Comment
result, a decommissioning plan for this
ADDRESSES: Submit comments
deadline(s) for each request appear in
site is not required by 10 CFR
electronically via the Commission’s section II.
30.36(g)(1), 40.42(g)(1), or 70.38(g)(1),
and the site meets the radiological Filing Online system at http:// II. Docketed Proceeding(s)
criteria for unrestricted use in 10 CFR www.prc.gov. Those who cannot submit 1. Docket No(s).: CP2018–268; Filing
20.1402 without further remediation or comments electronically should contact Title: Notice of United States Postal
analysis. Further, no special the person identified in the FOR FURTHER Service of Filing a Functionally
circumstances under 10 CFR 51.22(b) INFORMATION CONTACT section by Equivalent Global Expedited Package
apply. The factors listed in 10 CFR telephone for advice on filing Services 7 Negotiated Service
51.22(c)(20) are consistent with the alternatives. Agreement and Application for Non-
circumstances here because there is no FOR FURTHER INFORMATION CONTACT: Public Treatment of Materials Filed
environmental impact associated with David A. Trissell, General Counsel, at Under Seal; Filing Acceptance Date:
the STP Unit 3 and 4 COLs, which is 202–789–6820. July 12, 2018; Filing Authority: 39 CFR
even less than the nominal impacts SUPPLEMENTARY INFORMATION: 3015.5; Public Representative: Nina
anticipated by the categorical exclusion. Yeh; Comments Due: July 20, 2018.
amozie on DSK3GDR082PROD with NOTICES1

Therefore, application of the categorical Table of Contents This notice will be published in the
exclusion to the termination of the STP I. Introduction Federal Register.
Units 3 and 4 COLs is warranted. II. Docketed Proceeding(s)
Consequently, in accordance with 10 Stacy L. Ruble,
CFR 51.21, an environmental I. Introduction Secretary.
assessment is not required for the The Commission gives notice that the [FR Doc. 2018–15300 Filed 7–17–18; 8:45 am]
termination of COLs NPF–97 and NPF– Postal Service filed request(s) for the BILLING CODE 7710–FW–P

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Document Created: 2018-11-06 10:24:49
Document Modified: 2018-11-06 10:24:49

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		Termination of licenses.
Dates		The termination was issued on July 13, 2018.
Contact		James Shea, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1388, email: [email protected]
FR Citation		83 FR 33963