ML16190A333
| ML16190A333 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 07/08/2016 |
| From: | John Mckirgan Spent Fuel Licensing Branch |
| To: | Shults D State of TN, Dept of Environment & Conservation |
| Baum R | |
| Shared Package | |
| ML16190A282 | List: |
| References | |
| CAC L24821 | |
| Download: ML16190A333 (8) | |
Text
Enclosure U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR MATERIALS SAFETY AND SAFEGUARDS DIVISION OF SPENT FUEL MANAGEMENT ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR THE TENNESSEE VALLEY AUTHORITY (TVA) PROPOSED DECOMMISSIONING FUNDING PLAN(S) SUBMITTED IN ACCORDANCE WITH 10 CFR 72.30(b) AND (c) FOR BROWNS FERRY NUCLEAR PLANT UNITS 1, 2, AND 3 INDEPENDENT SPENT FUEL STORAGE INSTALLATION(S)
DOCKET NO. 72-52 LICENSE NO. SFGL-27 DRAFT
i TABLE OF CONTENTS Section Page
1.0 INTRODUCTION
.........1 1.1 Background..1-2 1.2 Proposed Action..3 1.3 Purpose and Need for the Proposed Action...3 2.0 ENVIRONMENTAL IMPACTS3 3.0 ALTERNATIVES4 4.0 AGENCIES AND PERSONS CONSULTED.5
5.0 CONCLUSION
AND FINDING OF NO SIGNIFICANT IMPACT5
6.0 REFERENCES
...5-6
1
1.0 INTRODUCTION
1.1 Background
The U.S. Nuclear Regulatory Commission (NRC) regulations at Title 10 of the Code of Federal Regulations (10 CFR) Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste, govern the storage of spent nuclear fuel (spent fuel)1 generated at commercial nuclear power reactor licensed by NRC. Spent fuel that has been removed from the reactors spent fuel pool is typically stored at a nuclear power plants independent spent fuel storage installation (ISFSI). The applicable NRC regulation defines an ISFSI as a complex designed and constructed for the interim storage of spent nuclear fuel, solid reactor-related waste, and other radioactive materials associated with spent fuel.2 The NRC requires its licensees to plan for the eventual decommissioning of their licensed facilities prior to license termination. The term decommission is defined as the removal of a facility or site safely from service, and the reduction in residual radioactivity to a level that permits either an unrestricted or restricted release of the property and termination of the applicable NRC license.3 An essential element of decommissioning is ensuring that licensees have adequate funds to pay the various decommissioning costs that may arise. Financial assurances are financial arrangements provided by a licensee, whereby funds for decommissioning will be available when needed.
On June 17, 2011, the NRC published a final rule amending its decommissioning planning regulations (76 Federal Register (FR) 35512). The final rule amended NRCs regulations to improve decommissioning planning and thus, reduced the likelihood that any operating facility would become a legacy site. The statements of consideration for the June 2011 final rule state that a legacy site is a facility that is decommissioning and has an owner who cannot complete the decommissioning work for technical or financial reasons (76 FR 35516). According to the environmental assessment (EA) (NRC, 2009) that supported the June 2011 rulemaking, legacy sites have two common characteristics: (1) subsurface residual radioactivity in amounts greater than anticipated and (2) insufficient funds to remediate the radiological contamination to levels that will meet the NRCs decommissioning criteria. The EA further stated that numerous unremediated minor spills, accumulated over the lifetime of a facility, may lead to unanticipated levels of subsurface contamination that have not been adequately factored into decommissioning costs. The term residual radioactivity, as defined in 10 CFR Part 20, includes the term subsurface contamination within its scope.
The June 2011 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 1 The NRC defines spent fuel as fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one year's decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing. Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies (10 CFR 72.3, definition of Spent Nuclear Fuel or Spent Fuel).
2 10 CFR 72.3 (definition of Independent spent fuel storage installation or ISFSI).
3 10 CFR 72.3 (definition of Decommission). The NRCs criteria for unrestricted release and restricted release are set forth in 10 CFR 20.1402 and 20.1403, respectively. The NRC defines the term Residual radioactivity as radioactivity in structures, materials, soils, groundwater, and other media at a site resulting from activities under the licensees control (10 CFR 20.1003, definition of Residual radioactivity).
2 applicant, for a license under 10 CFR Part 72 to submit, for NRC review and approval, a decommissioning funding plan (DFP). The purpose of the DFP is to demonstrate the licensees financial assurance, i.e., that funds will be available to decommission the ISFSI. Section 72.30(b) requires that the DFP contain a detailed decommissioning cost estimate (DCE) in an amount reflecting: (1) the cost of an independent contractor to perform all decommissioning activities, (2) an adequate contingency factor, and (3) the cost of meeting the 10 CFR 20.1402 unrestricted use criteria (or the cost of meeting the 10 CFR 20.1403 restricted use criteria, provided the licensee can demonstrate its ability to meet these criteria). The licensees DFP must also identify and justify using the key assumptions contained in the DCE. Further, the DFP must describe the method of assuring funds for ISFSI decommissioning, including means for adjusting cost estimates and associated funding levels periodically over the life of the ISFSI.
Additionally, the DFP must specify the volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the criteria for license termination (either restricted or unrestricted release)4, and contain a certification that financial assurance for ISFSI decommissioning has been provided in the amount of the DCE.
In addition, Section 72.30(c) requires that at the time of license renewal and at intervals not to exceed three years, the licensee must resubmit an updated DFP, with adjustments as necessary to account for changes in cost and the extent of contamination. The updated DFP must also include consideration of the following events on decommissioning costs: (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.5 In accordance with 10 CFR 72.13(b) and 10 CFR 72.13(c), the new 10 CFR 72.30(b) is applicable to both specific-licensed and general-licensed ISFSIs.
By letter dated December 17, 2015, TVA submitted an updated DFP for the ISFSI Browns Ferry Nuclear Plant Units 1, 2 and 3 for NRCs review and approval (ADAMS Accession No. ML15352A046). This revised DFP updates the DFP that was submitted on December 17, 2012, of original submission DFP (ADAMS Accession No. ML12356A039). The NRC is reviewing both the original 2012 submittal and the 2015 tri-annual submittal.
As part of the NRCs review of the proposed DFP, the NRC prepared this EA in accordance with the NRC regulations at 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, that implement the National Environmental Policy Act of 1969 (NEPA), as amended,6 and NRC staff guidance in NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs. In addition to this EA, the NRC staff is conducting a financial review of the TVA submittal to determine compliance with the information required by 10 CFR 72.30(b) and (c) that the TVA has provided reasonable assurance that funds will be available to decommission the ISFSI at Browns Ferry Nuclear Plant Units 1, 2, and 3.
4 10 CFR 72.30(b)(1)-(6).
5 10 CFR 72.30(c)(1)-(4).
6 42 U.S.C. 4321 et seq.
3 1.2 Proposed Action The proposed federal action is the NRCs review and approval of TVA proposed DFP submitted in accordance with 10 CFR 72.30(b) and (c). Specifically, the NRC must determine whether the TVA proposed DFP contains the information required by 10 CFR 72.30(b) and (c) and the TVA has provided reasonable assurance that funds will be available to decommission the ISFSI.
The NRC will evaluate whether the updated DFP (i) has been adequately adjusted to reflect changes in costs and the extent of contamination and (ii) considered the effects of on spills of radioactive material producing additional residual radioactivity in onsite subsurface material, facility modifications, and changes in authorized possession limits.
The TVA is not requesting any changes to the ISFSIs routine operations, maintenance activities, or monitoring programs as part of the decommissioning funding plan. In addition, the TVA is not proposing any new construction or land disturbance activities as part of the ISFSIs proposed DFP. The scope of the TVA proposal is only focused on the ISFSI and does not extend to the Browns Ferry Nuclear Plant Units 1, 2, and 3 nuclear reactors. Also, the scope of this 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 Browns Ferry Nuclear Plant Units 1, 2, and 3 nuclear reactors. Prior to license termination, the TVA will need to decontaminate and decommission the ISFSI and nuclear power plant. A decommissioning plan or license termination plan would be developed and submitted to the NRC for review and approval in accordance with 10 CFR 72.54 or 10 CFR 50.82, respectively.
The NRC would conduct a separate environmental review in support of the TVA proposed decommissioning plan or license termination plan.
1.3 Purpose and Need for the Proposed Action The amended decommissioning planning rule (76 FR 35512) requires applicants and licensees to submit a DFP for NRC review and approval. Accordingly, the purpose and need for the proposed action is for the NRC to satisfy its regulatory obligations under 10 CFR 72.30(b) and (c) and review the TVA proposed DFP.
2.0 ENVIRONMENTAL IMPACTS This EA addresses the environmental impacts of TVA proposed DFP. A separate financial review has been completed by the NRC staff, which evaluated the adequacy of the proposed DFP, including the amount of the DCE and the method of assuring funds for decommissioning Browns Ferry Nuclear Plant Units 1, 2, and 3.
The NRCs approval of the DFP 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 NRCs approval of the DFP 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 DFP will not authorize any construction activity or facility modification.
Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA),7 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 7 See 16 U.S.C. 470 et seq.
4 Properties, NRCs approval of TVA DFP constitutes a federal undertaking.8 The NRC, however, has determined that the approval of the DFP 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 NRCs approval of TVA DFP 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 DFP will not authorize any construction activity, facility modification, or any other land-disturbing activity.
Additionally, any future NRC approval of any site-disturbing remediation activities conducted by TVA would require an NRC environmental review, including a Section 106 review. This environmental review would be conducted as part of the NRCs review and approval of TVA decommissioning plan (per 10 CFR 72.54). 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. If the proposed action may affect listed species or critical habitats, the federal agency is required to consult with the U.S. Fish and Wildlife Service (FWS) and/or the U.S. National Marine Fisheries Service. In accordance with 50 CFR 402.13, the NRC has engaged in informal consultation with the FWS.
The NRC has determined that the proposed action is not likely to adversely affect listed species or their critical habitats because the NRCs approval of TVA DFP 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 DFP will not authorize any construction activity, facility modification, or any other land-disturbing activity. The FWS has concurred with the NRCs determination that the proposed action is not likely to adversely affect listed species or critical habitat (ADAMS Accession No. ML________). Additionally, any future NRC approval of any site-disturbing remediation activities conducted by TVA would require an additional NRC environmental review, including an Endangered Species Act review. This environmental review would be conducted as part of the NRCs review and approval of TVA decommissioning plan (per 10 CFR 72.54).
Therefore, the NRC has determined that the approval of the proposed DFP does not have any significant impact to the environment.
3.0 ALTERNATIVES NEPA requires that federal agencies consider alternatives to the proposed action (Section 102(2)(E) of NEPA). In addition to the proposed action, the NRC evaluated one alternative.
The alternative action was to review but deny the TVA proposed DFP (i.e., the no-action alternative). The NRC, however, would then request TVA to supplement or amend its proposed DFP to provide the required information in 10 CFR 72.30(b) and (c) and demonstrate adequate decommissioning financial assurance. The NRC could also take enforcement action, as needed, to reinstate compliance with 10 CFR 72.30(b) and (c). The end result would be the licensees compliance with 10 CFR 72.30(b) and (c), leading to eventual NRC approval of the DFP. Therefore, for the no-action alternative, the environmental impacts would be the same as 8 See 36 CFR 800.16(y).
5 those evaluated for approving the proposed DFP. Approving the DFP has no significant impact on the environment as discussed in Section 2.0 of this EA.
4.0 AGENCIES AND PERSONS CONSULTED The NRC consulted with the State of _____ on _______, via letter (ADAMS Accession No. ML_______). The State responded via letter or email on _______(ADAMS Accession No. ML_______), stating that it had no comments on the proposed action.
In accordance with 50 CFR 402.13, the NRC has consulted with FWS (ADAMS Accession No. ML_______). The FWS has concurred with the NRCs determination that the proposed action is not likely to adversely affect listed species or critical habitat (ADAMS Accession No. ML______).
5.0 CONCLUSION
AND FINDING OF NO SIGNIFICANT IMPACT Based on its review of the proposed action and in accordance with the requirements in 10 CFR Part 51, the NRC staff has determined that approval of the TVA proposed DFP will not significantly affect the quality of the human environment. NRC approval of the proposed DFP does not result in changes in licensed activities, maintenance or construction activities, or effect changes in the permitted types or amounts of radiological effluents. Therefore, the NRC staff has determined that pursuant to 10 CFR 51.31, preparation of an environmental impact statement is not required for the proposed action and, pursuant to 10 CFR 51.32, a finding of no significant impact (FONSI) is appropriate.
6.0 REFERENCES
This FONSI, EA, and references related to this action can be found online at the NRCs Electronic Reading Room or the NRCs webpage, www.nrc.gov. The Electronic Reading Room can be accessed at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access ADAMS, which provides text and image files of NRCs public documents. The ADAMS accession numbers for the documents are provided in this section.
If you do not have access to ADAMS or if there are problems in accessing ADAMS, contact the NRCs public document room staff at 1-800-397-4209 or by email at pdr@nrc.gov.
49 FR 9381. Federal Register Notice. Final Rule Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions and Related Conforming Amendments.
March 12, 1984.
76 FR 35512. Federal Register Notice. Final Rule Decommissioning Planning. June 17, 2011.
NRC, 2009. U.S. Nuclear Regulatory Commission. Environmental Assessment re: Final Rule:
Decommissioning Planning (10 CFR Parts 20, 30, 40, 50, 70, and 72; RIN 3150-AI55).
Washington, DC. February 2009, ADAMS Accession No. ML090500648.
NRC, 2003. U.S. Nuclear Regulatory Commission. 2003/08/31-NUREG-1748, Environmental Review Guidance for Licensing Actions Associated With NMSS Programs, Final Report.
Washington, DC. August 2003, ADAMS Accession No. ML032540811.
6 Browns Ferry, Units 1, 2 and 3, Sequoyah, Units 1 and 2 - Decommissioning Funding Plans for Independent Spent Fuel Storage Installations. December 17, 2012, ADAMS Accession No. ML12356A039, and Browns Ferry, Units 1,2, and 3, and Sequoya, Units 1 and 2 - Triennial Decommissioning Funding Plans for Independent Spent Fuel Storage Installations. December 17, 2015, ADAMS Accession No. ML15352A046.