ML14038A080

Letter to Olin Jones, Office of Native American Affairs Section 106 Consultation (Nhpa) Humboldt Bay Power Plant Unit 3 License Termination

ML14038A080
Person / Time
Site:	Humboldt Bay
Issue date:	03/11/2014
From:	Persinko A NRC/FSME/DWMEP/EPPAD/ERB
To:	Jones N State of CA, Office of the Attorney General
References
Download: ML14038A080 (7)

Text

March 11, 2014 Mr. Olin Jones, Director Office of Native American Affairs California Attorney Generals Office P.O. Box 944255 Sacramento, CA 94244-2550

SUBJECT:

SECTION 106 CONSULTATION OF THE NATIONAL HISTORIC PRESERVATION ACT REGARDING THE PROPOSED AMENDMENT TO LICENSE NO. DPR-7 FOR THE HUMBOLDT BAY POWER PLANT UNIT 3 LICENSE TERMINATION PLAN

Dear Mr. Jones:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing a proposed license amendment to approve the Humboldt Bay Power Plant (HBPP) Unit 3 License Termination Plan (LTP) submitted by Pacific Gas & Electric Company (PG&E) on May 3, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13130A009). PG&E is requesting an amendment to its License No. DPR-7, which, if approved would allow PG&E to terminate activities at HBPP Unit 3 and decommission remaining facilities on the site.

The HBPP Unit 3 is located on Buhne Point, a small peninsula on the eastern shore of Humboldt Bay, in Humboldt County, California. Unit 3 is located approximately 500 feet from the shore of Humboldt Bay.

The primary objective of the LTP is to restore the land at HBPP Unit 3 to an unrestricted release to its formerly occupied condition (prior to initial construction). The clean-up of residual radiological contamination associated with the historical power production is the plans objective. The actual termination of the license is expected in 2019, as there are still a number of major activities that need to be completed. These include the removal of the following significant features: spent fuel pool, caisson, waste buildings and vaults, as well as dredging and remediating the intake, and discharge canals.

Pursuant to 10 CFR Part 51, the NRCs regulations that implement the National Environmental Policy Act of 1969 (NEPA), as amended, the NRC staff is preparing an Environmental Assessment (EA) for the proposed action (i.e., amendment to License No. DPR-7 to allow PG&E to terminate its license for the HBPP Unit 3). The purpose of the EA is assess potential environmental impacts that could result from the decommissioning and dismantling of the remaining facilities on the site. In addition, the EA will also include an assessment of potential impacts to historic and cultural properties, in accordance with 36 CFR Part 800.8 (coordination with NEPA). The NRC staff uses the NEPA process to comply with its obligation under Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended, in lieu of the procedures set forth in 36 CFR Part 800.3 through 800.6. In order to identify issues relating to the proposed

O. Jones 2 undertakings potential effects on historic properties, including those that may be of religious and cultural significance to Native American tribes. The NRC is requesting your input on its preliminary determination that the LTP will not adversely affect any historic sites and cultural resources.

Previous Consultation (for issuance of the Independent Spent Fuel Storage Facility License)

With respect to the issuance of the HBPP Unit 3 Independent Spent Fuel Storage Facility (ISFSI) license in November 2005, the NRC staff analyzed the potential environmental impacts associated with construction, operation and decommissioning of the ISFSI. The NRC staffs assessment was documented in an EA, dated October 2005 (ADAMS No. ML052430106). The ISFSI license was amended in 2009. The NRC staff consulted with the following Native American groups during the review: California Native American Heritage Commission, Blue Lake Rancheria, Bear River Band of Rohnerville Rancheria, and Wiyot Tribe. Representatives from these groups expressed concerns over the potential for cultural resources to be affected.

In Section 2.9.3 of the Environmental Report (PG&E 2005) (ADAMS No. ML033640453), PG&E committed to stopping all work, and taking appropriate actions if there are any inadvertent discoveries, so that historic sites and cultural resources would be appropriately handled and treated. PG&E has committed (EA, NRC 2005) to employ best management practices to protect local waters and nearby wetlands from site runoff, spillage and leaks, and to employ erosion controls and revegetation on disturbed areas.

Current Proposed Action and Consideration of License Termination Plan Amendment The current proposed action is a license amendment to authorize a plan to terminate License No. DPR-7 for the HBPP Unit 3. The plan includes decommissioning and dismantling of remaining on-site facilities, and to restore the site to its unrestricted former use. The proposed action involves various construction activities, land disturbance, excavation, and other physical changes to the sites environment. The HBPP Unit 3 LTP is publically available in the NRC Public Document Room located at:

One White Flint North 11555 Rockville Pike Rockville, MD 20852 The ADAMS Public Electronic Reading Room is accessible at http://www.nrc.gov/reading-rm/adams.html. The ADAMS Accession Numbers for the HBPP Unit 3 license amendment application are found under Docket No. 50-133.

O. Jones 3 Please submit any written comments and information that you may wish to offer regarding this matter within 30 days of receipt of this letter to the NRC, Attention:

Document Control Desk Mr. Andrew Persinko, Deputy Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Programs U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Please reference Docket No. 50-133 in your response. If you have any questions or need additional information regarding the environmental review process for the proposed action, please contact Mr. Alan Bjornsen of my staff by telephone at (301) 415-1195, or by e-mail at Alan.bjornsen@nrc.gov.

Thank you for your assistance.

Sincerely,

/RA/

Andrew Persinko, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-133 License No.: DPR-7 cc:

Humboldt Bay Service List Native American Tribes List Historic Preservation and Heritage Agencies

O. Jones 3 Please submit any written comments and information that you may wish to offer regarding this matter within 30 days of receipt of this letter to the NRC, Attention:

Document Control Desk Mr. Andrew Persinko, Deputy Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Programs U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Please reference Docket No. 50-133 in your response. If you have any questions or need additional information regarding the environmental review process for the proposed action, please contact Mr. Alan Bjornsen of my staff by telephone at (301) 415-1195, or by e-mail at Alan.bjornsen@nrc.gov.

Thank you for your assistance.

Sincerely,

/RA/

Andrew Persinko, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-133 License No.: DPR-7 cc:

Humboldt Bay Service List Native American Tribes List Historic Preservation and Heritage Agencies ML14038A080 OFC DWMEP DWMEP DWMEP DWMEP DWMEP NAME ABjornsen AWalker-Smith JHickman KHsueh APersinko DATE 02/07 /14 02/7/14 02/12/14 03/7/14 03/11/14 OFFCIAL RECORD COPY

Humboldt Bay Service List cc:

Mr. Edward D. Halpin Senior Vice President and Chief Nuclear Officer Pacific Gas and Electric Company P.O. Box 56 Mail Code 104/6 Avila Beach, CA 93424 Loren Sharp Director and Plant Manager Humboldt Bay Nuclear Pacific Gas & Electric Company 1000 King Salmon Avenue Eureka, CA 95503 Jennifer K. Post Law Department Pacific Gas and Electric Company 77 Beale Street, B30A San Francisco, CA Chairman, Humboldt County Board of Supervisors County Courthouse 825 Fifth Street Eureka, CA 95501 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 California Public Utilities Commission 505 Van Ness, Room 4102 San Francisco, CA 94102 Redwood Alliance P.O. Box 293 Arcata, CA 95521 Dr. Rich Ferguson, Energy Chair Sierra Club California 1100 11th Street, Suite 311 Sacramento, CA 94814

Mr. Gonzalo Perez, Radiation Program Director Radiologic Health Branch Dept. of Health Services, MS-7610 P.O. Box 997414 Sacramento, CA 95899-7414 Stephen Hsu, M.S., Senior Health Physicist Radiological Assessment Unit Radioactive Material Licensing Section Radiologic Health Branch Dept. of Health Services, MS-7610 P.O. Box 997414 Sacramento, CA 95899-7414 Commissioner California Energy Commission 1516 Ninth Street Sacramento, CA 95814 Deputy Attorney General State of California 110 West A Street, Suite 700 San Diego, CA 92101 Native American Tribes List cc:

Mr. Len Bowman Bear River Band of Rohnerville Rancheria 27 Bear River Drive Loleta, CA 95551 Mr. Ted Hernandez, Chairman Wiyot Tribe 1000 Wiyot Drive Loleta, CA 95551 Ms. Claudia Brundin, Chairperson Blue Lake Rancheria 428 Chartin Road P.O. Box 428 Blue Lake, CA 95525

Preservation and Heritage Agencies cc:

Carol Rowland-Nawi, Ph.D.

State Historic Preservation Officer California Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816 Ms. Cynthia Gomez, Executive Director California Native American Heritage Corporation 915 Capitol Mall, Room 364 Sacramento, CA 95814 Mr. Larry Myers, Executive Director California Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814