ML20055F744
| ML20055F744 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/06/2020 |
| From: | Justin Poole Plant Licensing Branch 1 |
| To: | Bryan Hanson Exelon Generation Co, Exelon Nuclear |
| Poole J, NRR/DORL/LPLI, 301-415-2048 | |
| References | |
| EPID L-2019-LLL-0012, EPID L-2019-LLL-0014 | |
| Download: ML20055F744 (8) | |
Text
May 6, 2020 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
THREE MILE ISLAND NUCLEAR STATION, UNIT 1 - REVIEW OF POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT (EPID L-2019-LLL-0012 AND EPID L-2019-LLL-0014)
Dear Mr. Hanson:
By letter dated April 5, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19095A041), Exelon Generation Company, LLC (Exelon, the licensee) submitted to the U.S. Nuclear Regulatory Commission (NRC, the Commission) the Post-Shutdown Decommissioning Activities Report (PSDAR) for Three Mile Island Nuclear Station, Unit 1 (TMI-1), pursuant to Title 10 of the Code of Federal Regulations (10 CFR)
Section 50.82(a)(4)(i). Additionally, in a separate letter dated April 5, 2019 (ADAMS Accession No. ML19095A010), Exelon submitted a TMI-1 site-specific decommissioning cost estimate (DCE).
The purpose of this letter is to inform you that, based on our review, the NRC staff finds that these submittals contain the information required by 10 CFR 50.82(a)(4)(i), and the NRC staff has completed its review.
Exelon permanently ceased power operations at TMI-1 on September 20, 2019, and on September 26, 2019 (ADAMS Accession No. ML19269E480), Exelon certified that all fuel had been permanently removed from the TMI-1 reactor vessel and placed into the spent fuel pool (SFP).
The purposes of the PSDAR and DCE are to: (1) inform the public of the licensees planned decommissioning activities, (2) assist in the scheduling of NRC resources necessary for the appropriate oversight activities, (3) ensure that the licensee has considered all of the costs of the planned decommissioning activities and has considered the funding for the decommissioning process, and (4) ensure that the environmental impacts of the planned decommissioning activities are bounded by those considered in existing environmental impact statements.
Pursuant to 10 CFR 50.82(a)(4)(i), the PSDAR must contain a description of the planned decommissioning activities along with a schedule for their accomplishment, a discussion that provides the reasons for concluding that the environmental impacts associated with site-specific decommissioning activities will be bounded by appropriate previously issued environmental impact statements, and a site-specific DCE, including the projected cost of managing irradiated
fuel. Additionally, pursuant to 10 CFR 50.82(a)(3), decommissioning is to be completed within 60 years of permanent cessation of operations. The regulations do not require the NRC to approve a licensees submitted PSDAR.
Consistent with 10 CFR 50.82(a)(4)(ii), the public was offered opportunities to comment on the PSDAR. A notice of receipt of the PSDAR was published in the Federal Register (84 FR 33093) on July 11, 2019. The NRC staff requested that all comments be submitted by October 9, 2019.
Three public comments were submitted.
The first comment was from Mr. J. Wasicek, a member of the Governor Pinchot Group of the Pennsylvania Sierra Club. Mr. Wasicek had several comments regarding the PSDAR for TMI-1.
He commented that the site was not intended to be a long-term storage site and expressed concern for environmental damage to the Susquehanna River and impact to water quality due to the low elevation of the island. With respect to the comment, the NRC staff has reviewed the PSDARs environmental assessment and found that the environmental impacts of decommissioning TMI-1 are bounded by NUREG-0586, Supplement 1, Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities, Regarding the Decommissioning of Nuclear Power Reactors, dated November 2002, Volumes 1 and 2 (ADAMS Accession Nos. ML023470327 and ML023500228, respectively) (Decommissioning GEIS); the Final Environmental Statement Related to the Operation of Three Mile Island Nuclear Station, Units 1 and 2, dated December 1972 (FES) (ADAMS Accession No. ML19220C370); NUREG-0112, Final Supplement to the Final Environmental Statement Related to Operation of Three Mile Island Nuclear Station, Unit 2, dated December 1976 (ADAMS Accession No. ML080090250)
(Final Supplement to the FES); and by NUREG-1437, Supplement 37, Generic Environmental Impact Statement for License Renewal of Nuclear Plants Regarding Three Mile Island, Unit 1, dated June 2009 (ADAMS Accession No. ML091751063) (SEIS). The staffs review of the PSDAR environmental assessment is found later in this letter.
The second comment was from an anonymous submittal on Regulations.gov. The individuals comment dealt with Exelons decision to put the plant in SAFESTOR for 60 years rather than sell the plant to someone else to decommission the plant in the near term. With respect to this comment, the NRC staff notes that the decision of whether a licensee decommissions a facility itself or transfers the facility to a third-party for decommissioning is a business decision to be made by the licensee, and not by the NRC. Further, in accordance with 10 CFR 50.82(a)(3),
decommissioning is to be completed within 60 years of permanent cessation of operations. The timeline for decommissioning within this time limit is a business decision to be made by the licensee. The NRC staff notes that, regardless of the decommissioning timeline, the NRC will maintain inspection activities in accordance with Inspection Manual Chapter (IMC) 2561, Decommissioning Power Reactor Inspection Program, dated March 6, 2018 (ADAMS Accession No. ML17348A400).
The objectives of IMC 2561 are:
To obtain information through direct observation and verification of licensee activities to determine whether the power reactor is being decommissioned safely, that spent fuel is safely and securely stored onsite or transferred to another licensed location, and that site operations and license termination activities are in conformance with applicable regulatory requirements, the facility licensing basis, licensee commitments, and management controls.
To verify that (1) the licensees procedures, processes, and programs for post-operational transition, decommissioning, and license termination are adequate; (2) necessary programs continue from the period of operation into decommissioning in accordance with the applicable regulatory requirements; and (3) the safety culture established during reactor operations is maintained. These decommissioning programs are assessed by inspection of four functional areas: plant status; modifications, maintenance, and surveillances; problem identification and resolution; and radiation protection; To identify declining trends in performance and perform inspections to verify that the licensee has resolved the issue(s) before performance declines below an acceptable level; and To provide for effective allocation of resources for the inspection of nuclear power reactors following permanent cessation of operations.
The third comment was from a second anonymous submittal on Regulations.gov. The comment poses questions about general health issues as a result of the accident at TMI-2 in 1979 and what surveys were done. The individual claims that local, state, federal, and industry spokespersons lied about public safety and suppressed information from the public for years.
With regard to this comment, the NRC staff notes that it is outside the scope of the NRC staffs review of the PSDAR, and is therefore not addressed here; however, information concerning the accident is available on the NRCs website (www.NRC.gov) and in ADAMS (e.g., Three Mile Island Accident of 1979 Knowledge Management Digest, NUREG/KM-0001, Rev. 1 (ADAMS Accession No. ML16166A337).
On July 23, 2019, the NRC staff held a public meeting in the vicinity of TMI-1. The purpose of the meeting was to describe the decommissioning process, receive comments, and answer questions regarding the PSDAR. Public questions and comments on the PSDAR and other areas related to the sites decommissioning, including the NRC staffs responses, are available for review in the transcript of the meeting (ADAMS Accession No. ML20055F620).
Public comments from the meeting generally fell into two categories: (1) questions and comments that are within the regulatory purview of the NRC staffs review of the PSDAR, and thus, were considered by the NRC staff during its review, and (2) questions and comments that, upon review, were found to be outside the regulatory authority of the NRC, or were not relevant to the review performed by the NRC staff (i.e., whether the licensees PSDAR meets the requirements of 10 CFR 50.82(a)(4)(i)), and thus, were not considered.
The public questions and comments that the NRC staff considered during its review of the PSDAR are summarized below. Details of the specific questions or comments can be found in the transcript referenced above.
Questions or comments about the decommissioning process generally.
Questions or comments about whether there is reasonable assurance that there will be enough funds to decommission the facility and manage spent fuel until removed by the U.S. Department of Energy.
Questions or comments about the decommissioning cost and who manages the Decommissioning Trust Fund.
Questions or comments about whether onsite dry cask storage canisters are safe, robust, and above the flood line.
Questions or comments about TMI-1s timeline for decommissioning.
Questions or comments about moving the spent fuel to a permanent national repository.
Public comments or questions that, upon review, were found to be outside of the NRCs regulatory purview or outside the scope of the NRC staffs review of the PSDAR, as defined in 10 CFR 50.82(a)(4)(i), are summarized below.
Questions or comments regarding notifications to the public in case of an accident for a decommissioning plant vs. an operating plant.
Questions or comments related to TMI-2 (e.g., the accident, general safety, cleanup).
Questions or comments about the decision to shut down TMI-1 and/or not wanting TMI-1 to shut down.
Questions or comments about NRC oversite while a plant is decommissioning.
Questions or comments about potentially selling the site to someone other than Exelon for decommissioning the site.
Questions or comments on site restoration.
Questions or comments on impact to the environment from climate change and shale oil fracking.
Questions or comments on liability insurance in the case of an accident.
Questions or comments on physical security during decommissioning.
Questions or comments on lawsuits related to Yucca Mountain.
Questions or comments on transportation of nuclear waste.
Questions or comments on public involvement/hearing opportunities for an exemption request on the use of decommissioned trust funds.
The NRC staff reviewed the PSDAR and DCE against the requirements in 10 CFR 50.82(a). In addition, the NRC staff used the guidance in Regulatory Guide (RG) 1.185, Revision 1, Standard Format and Content for Post-Shutdown Decommissioning Activities Report, dated June 2013 (ADAMS Accession No. ML13140A038) in its review, and considered the publics comments. The NRC staff concludes the following.
- 1. Section 2.0 of the PSDAR, Description of Planned Decommissioning Activities, and the DCE provide the applicable information identified in Section C.1 of RG 1.185, Revision 1. The NRC staffs review found that the licensee adequately described the activities associated with the major periods or milestones related to the decommissioning, as required by 10 CFR 50.82(a)(4)(i), and consistent with RG 1.185, Revision 1. These periods included preparations for dormancy, dormancy, preparations for decommissioning, decommissioning (dismantling and decontamination), and site restoration.
- 2. Section 3.0 of the PSDAR, Schedule of Planned Decommissioning Activities, and the DCE provide the estimated dates for initiation and completion of major decommissioning activities, as required by 10 CFR 50.82(a)(4)(i), and consistent with Section C.2 of RG 1.185, Revision 1. The NRC staff finds that the schedule for decommissioning activities is adequate to achieve TMI-1 license termination within 60 years of permanent cessation of operations, as required by 10 CFR 50.82(a)(3).
- 3. Section 4.0 of the PSDAR, Estimate of Expected Decommissioning and Spent Fuel Management Costs, and the DCE provide an estimate of the expected decommissioning costs for TMI-1. In the DCE Exelon reported maintaining a tax qualified fund (Qualified Trust) and a non-tax qualified fund (Non-Qualified Trust) that combined, have a balance of $669,617,000 for TMI-1 as of December 31, 2018. The trustee for both funds is Northern Trust Bank. In the PSDAR Exelon reported that the 10 CFR 50.75(c) minimum formula amount for TMI-1 as of December 31, 2018, was
$493,028,000. Using the formula in 10 CFR 50.75(c) and the methodology provided in NUREG-1713, Standard Review Plan for Decommissioning Cost Estimates for Nuclear Power Reactors, dated December 2004 (ADAMS Accession No. ML043510113), and NUREG-1307, Revision 17 Report on Waste Burial Changes - Changes in Decommissioning Waste Disposal Costs at Low-Level Waste Burial Facilities, dated February 2019 (ADAMS Accession No. ML19037A405), the NRC staff independently calculated the 2018 minimum formula amount to be $492,942,745. According to Exelon, the estimated radiological decommissioning cost of TMI-1, as reported in both the DCE and PSDAR, is approximately $1 billion (in 2018 dollars), and the estimated spent fuel management cost, as reported in the PSDAR, is approximately $158.6 million (in 2019 dollars). The NRC staff reviewed the cost estimates against the guidance in RG 1.185, Revision 1, Section C.3, and finds that Exelons site-specific DCE and irradiated fuel management estimate for TMI-1 are reasonable; are described consistent with the guidance in RG 1.185, Revision 1; provide sufficient details associated with the funding mechanisms; and meet the requirements of 10 CFR 50.82(a)(4)(i).
- 4. Section 5.0 of the PSDAR, Environmental Impacts, provides a discussion of the potential environmental impacts associated with the planned TMI-1 decommissioning activities, as required by 10 CFR 50.82(a)(4)(i), and consistent with Section C.4 of RG 1.185, Revision 1. The PSDAR includes a comparison of the potential environmental impacts from the planned TMI-1 decommissioning activities with impacts from similar activities provided in Decommissioning GEIS.
A licensee in decommissioning is required to address the environmental impacts associated with site-specific decommissioning activities in both its PSDAR per 10 CFR 50.82(a)(4)(i) and before performing the decommissioning activities per 10 CFR 50.82(a)(6). The environmental impacts associated with decommissioning activities are generically evaluated in the Decommissioning GEIS. The
Decommissioning GEIS describes the significance of these decommissioning environmental impacts (i.e., small, moderate, or large) and the applicability of these impacts (i.e., generic or site-specific). For environmental impacts that the Decommissioning GEIS classifies as generic, these impacts for a specific facility are bounded by the generic evaluation in the Decommissioning GEIS, and a licensee can rely on the information in the Decommissioning GEIS as a basis for meeting the decommissioning environmental requirements. For environmental impacts that the Decommissioning GEIS classifies as site-specific, or for decommissioning activities that could exceed the generic environmental impacts analyzed by the Decommissioning GEIS, the licensee cannot rely on the Decommissioning GEIS and must perform a site-specific evaluation. The Decommissioning GEIS identifies threatened and endangered species and environmental justice as environmental impacts that must be evaluated on a site-specific basis.
In the PSDAR, Exelon stated that it evaluated the site-specific impacts anticipated from decommissioning of TMl-1 for each environmental resource area in the same manner and context as in the Decommissioning GEIS. For each environmental resource area, Exelon provided a summary of the reasons for reaching a conclusion that the environmental impacts of decommissioning TMI-1 are bounded by the Decommissioning GElS, the FES, the Final Supplement to the FES, and by the SEIS. For the areas where a site-specific assessment was required, the anticipated impacts from TMl-1 decommissioning were determined to be small and bounded by the plants FES or similar to the potential for impacts during refurbishment assessed in the SEIS for license renewal.
As discussed in PSDAR Section 5.1.7, Exelon conducted a site-specific assessment for threatened and endangered species for TMI-1. Based on this evaluation, Exelon concludes the planned decommissioning activities at TMI-1 are unlikely to adversely affect any threatened or endangered species and will have no effect on any designated critical habitat. However, in the future, when TMI-1 decommissioning activities, such as demolition or disturbance of land areas, that could affect a protected species have been finally determined and scheduled, Exelon will update the site-specific assessment of environmental impacts to protected species in the PSDAR.
As discussed in PSDAR Section 5.1.13, Exelon conducted a site-specific assessment for environmental justice for TMI-1. Based on this evaluation, Exelon determined that the impacts of decommissioning TMl-1 on minority and low-income populations are small.
However, in the future, when TMI-1 decommissioning mature and before decommissioning activites occur that could impact minority and low-income populations, Exelon will notify the NRC in writing and seek appropriate environmental review in accordance with applicable NRC regulations.
Therefore, the NRC staff concludes that the PSDAR satisfies 10 CFR 50.82(a)(4)(i) because it discusses the reasons for concluding that the environmental impacts associated with site-specific decommissioning activities will be bounded by appropriate previously issued environmental impact statements.
Based on its review, the NRC staff finds that the PSDAR contains the information required by 10 CFR 50.82(a)(4)(i) and is consistent with RG 1.185, Revision 1. As required by 10 CFR 50.82(a)(7), Exelon must notify the NRC in writing and send a copy to the Commonwealth of Pennsylvania before performing any decommissioning activity inconsistent
with, or making any significant schedule change from, the planned decommissioning activities and schedules described in the PSDAR. This includes changes that significantly increase decommissioning costs. As required, Exelon will verify that the decommissioning activities meet the requirements of 10 CFR 50.82(a)(6)(i) through 10 CFR 50.82(a)(6)(iii) or seek appropriate regulatory approval if needed.
In accordance with 10 CFR Part 2, Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC website at https://www.nrc.gov/reading-rm/adams.html.
If you have any questions regarding this letter, please contact me at 301-415-2048 or by e-mail to Justin.Poole@nrc.gov.
Sincerely,
/RA/
Justin C. Poole, Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-289 cc: Listserv
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NAME JPoole LRonewicz FMiller DATE 03/05/2020 02/28/2020 11/04/2019 OFFICE NMSS/REFS/ERLRB/BC** OGC - NLO**
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