ML17139C675

Ltr J B Rhodes, New York State Energy Research, Review of the Draft EA and Finding of No Significant Impact for the Nine Mile Point ISFSI Decommissioning Status Plan 72-1036, L2483 (ML16270A063-RLSO)

ML17139C675
Person / Time
Site:	Nine Mile Point
Issue date:	09/26/2016
From:	Pamela Longmire Spent Fuel Licensing Branch
To:	Rhodes J State of NY, Energy Research & Development Authority
Longmire P
References
CAC L24836
Download: ML17139C675 (3)

Text

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 26, 2016 John B. Rhodes, President and CEO New York State Energy Research

& Development Authority 17 Columbus Circle Albany, NY 12223-6399

SUBJECT:

REVIEW OF THE DRAFT ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR THE NINE MILE POINT INDEPENDENT SPENT FUEL STORAGE INSTALLATION DECOMMISSIONING FUNDING PLAN

Dear Mr. Rhodes:

By letters dated December 17, 2012, and March 31, 2015, both Exelon Generation Company (EGC) and Constellation Energy Nuclear Group (CENG) submitted decommissioning funding plans (DFP) for the Nine Mile Point Independent Spent Fuel Storage Installation (ISFSI), located in New York, for U.S. Nuclear Regulatory Commission (NRC) staff review and approval.

The 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) generated at commercial nuclear power reactors licensed by the NRC. Spent fuel that has been removed from the reactors spent fuel pool is typically stored at a nuclear power plants 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 amending its decommissioning planning regulations (76 Federal Register (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 licensees financial assurance, i.e., that funds will be available to decommission the ISFSI. The NRC staff is reviewing the information submitted by EGC-CENG Specifically, the NRC must determine whether EGC-CENG DFP contains the information required by 10 CFR 72.30(b) and 10 CFR 72.30(c) Tri-Annual Update and whether EGC-CENG has provided reasonable assurance that funds will be available to decommission the ISFSI.

The EGC-CENG ISFSI DFP is publicly available in the NRCs Agencywide Documents Access and Management System (ADAMS) accessible at http://www.nrc.gov/reading-rm/adams.html.

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

J. Rhodes The ADAMS accession number for the application package is ML123550040 for the 2012 submittal and ML15090A537 for the 2015 submittal.

In accordance with 10 CFR Part 51, the NRC regulations that implement the National Environmental Policy Act of 1969, as amended, the agency has prepared a draft environmental assessment (EA) for the proposed action (enclosed). We are providing your office with the opportunity to review the draft EA and comment on environmental issues prior to the public issuance and publication of the EA. We request that distribution and use of the enclosed draft EA be limited only to those staff involved in the review and comment process.

Please submit any comments within 30 days of the receipt of this letter to the U.S. Nuclear Regulatory Commission, Document Control Desk, ATTN: John McKirgan, Mail Stop:

TWFN 4B-34, U.S. Nuclear Regulatory Commission, Washington, DC 20555. If you have any questions, please contact Mr. Richard Baum of my staff by telephone at 301-415-0018, or by e-mail at richard.baum@nrc.gov. The NRC staff will consider your timely comments and will revise the EA, as appropriate, before its final issuance and publication. Thank you for your assistance.

Sincerely,

/RA/

John McKirgan, Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-1036 CAC No.: L24836

Enclosure:

Draft Environmental Assessment PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

J. Rhodes The ADAMS accession number for the application package is ML123550040 for the 2012 submittal and ML15090A537 for the 2015 submittal.

In accordance with 10 CFR Part 51, the NRC regulations that implement the National Environmental Policy Act of 1969, as amended, the agency has prepared a draft environmental assessment (EA) for the proposed action (enclosed). We are providing your office with the opportunity to review the draft EA and comment on environmental issues prior to the public issuance and publication of the EA. We request that distribution and use of the enclosed draft EA be limited only to those staff involved in the review and comment process.

Please submit any comments within 30 days of the receipt of this letter to the U.S. Nuclear Regulatory Commission, Document Control Desk, ATTN: John McKirgan, Mail Stop:

TWFN 4B-34, U.S. Nuclear Regulatory Commission, Washington, DC 20555. If you have any questions, please contact Mr. Richard Baum of my staff by telephone at 301-415-0018, or by e-mail at richard.baum@nrc.gov. The NRC staff will consider your timely comments and will revise the EA, as appropriate, before its final issuance and publication. Thank you for your assistance.

Sincerely,

/RA/

John McKirgan, Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-1036 CAC No.: L24836

Enclosure:

Draft Environmental Assessment G:SFST\72.30 Decommissioning Funding Plans\2015 Submission Part 70.30 (c)\Nine Mile Point DFP Consultation Letter to State.docx G:SFST\72.30 Decommissioning Funding Plans\2015 Submission Part 70.30 (c)\Nine Mile Point Draft EA for Consultation.docx ADAMS P8 Accession No.: ML16270A047 Letter: ML1616270A063

Enclosure:

ML16270A064 OFC DSFM DSFM DSFM NAME RBaum WWheatley JMcKirgan DATE 09/20 /16 09/20/16 09/26/16 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.