ML20140A116
| ML20140A116 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 05/28/2020 |
| From: | Diaz-Toro D NRC/NMSS/DREFS/ERMB |
| To: | Beimers S State of MN, Historical Society |
| Jean Trefethen | |
| Shared Package | |
| ML20140A115 | List: |
| References | |
| Download: ML20140A116 (6) | |
Text
S. Biemers UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 28, 2020 Ms. Sarah Beimers, Program Manager of Environmental Review State Historic Preservation Office Administrative Building #203 50 Sherburne Ave St. Paul, MN 55155
SUBJECT:
SECTION 106 CONSULTATION OF THE NATIONAL HISTORIC PRESERVATION ACT REGARDING THE PROPOSED LICENSE AMENDMENT FOR THE PRAIRIE ISLAND INDEPENDENT SPENT FUEL STORAGE INSTALLATION-DETERMINATION OF EFFECTS (DOCKET NUMBER: 72-10)
Dear Ms. Beimers:
This letter is a follow-up to a U.S. Nuclear Regulatory Commission (NRC) letter sent to your office on December 17, 2019 (Agencywide Documents Access and Management System
[ADAMS] Accession No. ML19311C631), regarding the Northern States Power Company (NSPM) application (ADAMS Accession No. ML19217A313) to amend Materials License Number SNM-2506 for the Prairie Island Independent Spent Fuel Storage Installation (PI ISFSI) located in Goodhue County, Minnesota. The NRCs letter transmitted the agency's determination of potential effects to historic properties from NSPMs proposed expansion of the ISFSIs storage capacity and requested your concurrence on that determination. On January 24, 2020, your office requested additional information (ADAMS Accession No. ML20034F241) on the undertaking and the NRCs determination, made in accordance with the Section 106 process of the National Historic Preservation Act (NHPA). In a conference call held January 30, 2020 (ADAMS Accession No. ML20114E230), your office requested the NRC complete its tribal consultation before seeking concurrence from the Minnesota State Historic Preservation Office (MN SHPO) on our effects determination.
This letter provides the requested information:
A description of the federal undertaking at the PI ISFSI, which is subject to the Section 106 process of the NHPA; Identification of the defined and documented area of potential effects (APE) for the federal undertaking; A summary of tribal consultations with tribes having ancestral ties to this area; Results of the efforts to identify historic properties within the APE; and A finding of effect.
S. Beimers 2
Undertaking The NSPM requested an amendment to its NRC license to increase the maximum amount of spent nuclear fuel that NSPM may possess and store at the PI ISFSI and sought approval of the design and construction of an additional concrete pad within the existing PI ISFSI fence line. If the NRC approves the requests, NSPM will be able to place additional storage casks with spent nuclear fuel on the new concrete pad. The licensee stated the new pad design is consistent with the existing pads. Temporary ground disturbing activities will occur within the existing ISFSI fence line during the installation of the new pad. The new concrete pad design measures 216 feet by 40 feet and by 3 feet deep. License SNM-2506 currently allows NSPM to store up to 48 Transnuclear-40 and Transnuclear-40HT casks containing spent nuclear fuel generated at the Prairie Island Nuclear Generating Plant (PINGP) Units 1 and 2. The NSPM license amendment requests approval to store up to an additional 16 TN-40HT storage casks, for a total of 64 storage casks. The licensee explained, however, that the proposed amendment does not include changes to the type or characteristics of the storage cask technology or spent nuclear fuel authorized under license SNM-2506.
Area of Potential Effects The APE for this undertaking consists of the PI ISFSI site and access road from the PINGP auxiliary building to the ISFSI (see Enclosure 1). No historic or cultural properties are known to exist within the APE. The PI ISFSI is located within the site boundary and exclusion area of the PINGP, approximately 28 miles southeast of the Minneapolis-St. Paul metropolitan area in Goodhue County, Minnesota. The ISFSI is located approximately 900 feet southwest from the PINGP Units 1 and 2 (which is approximately 578 acres in size). The PI ISFSI site is 5.5 acres in size and surrounded by 8-foot high security and nuisance chain link fences. A 17-foot high earthen berm designed for radiation shielding and visual screening surrounds the PI ISFSI site, except for an access road opening. The ISFSI currently contains two reinforced concrete pads with two parallel rows of 12 casks per row on each pad. The existing pads are 216 feet long, 36 feet wide, 3 feet deep, and are supported on 3 feet of structural fill. Current PI ISFSI operations include storage, periodic transfer of filled casks from the PINGP auxiliary building to the ISFSI pads, and routine inspections and monitoring of the ISFSI site. These activities are expected to continue through the end of the license term on October 31, 2053 and will not change due to the proposed storage expansion.
Tribal Consultation The NRC staff contacted the Prairie Island Indian Community (PIIC) and the MN SHPO about the undertaking. The nearest resident to the PI ISFSI is a PIIC tribe member who lives approximately 0.45 mi northwest of the center of the PI ISFSI (ADAMS Accession No. ML113140518). The PINGP site boundary is adjacent to the PIIC reservation; the PI ISFSI is within 1,798 feet of the PIIC reservation. In addition, NRC contacted 26 Native American Tribes by letter on December 19, 2019 (see Enclosure 2) (ADAMS Accession No. ML19312A048).
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On January 28, 2020, the Shakopee Mdewakanton Sioux Community concurred with the NRCs effects determination by letter stating, the proposed ISFSI (expansion) does not have the potential to cause effects to historic or cultural properties in the immediate area of the proposed site (ADAMS Accession No. ML20035D132). Another letter from the PIIC, dated January 17, 2020, stated they are in agreement with NRCs determination that the proposed PI ISFSI expansion does not have the potential to cause effects to historic or cultural properties in the immediate area of the proposed ISFSI expansion (ADAMS Accession No. ML20066G473).
The NRC staff also provided the draft Environmental Assessment (EA) to the PIIC for review and comment and coordinated a Writing Session on April 22, 2020, to discuss the PIICs comments. The NRC discussed and addressed each of the PIICs comments, and made appropriate changes to the draft EA. The draft EA incorporates the discussions between the PIIC and the NRC on the potential impacts to historic and cultural resources and the NRCs determination of effects, made in accordance with the Section 106 process. The assessment of the potential impacts of the proposed action to environmental resources, including historic and cultural resources, was a focus of the consultation between the PIIC and the NRC. These activities are discussed in detail below.
Efforts to Identify Historic Properties In 2015, the NRC renewed the NSPM license to receive, possess, store, and transfer PINGP spent nuclear fuel in the PI ISFSI for an additional 40-year period. The NRC prepared an EA in accordance with National Environmental Policy Act (NEPA) and complied with its Section 106 obligations through its NEPA environmental review process for license renewal. As part of the NEPA and Section 106 reviews, the NRC consulted with 26 Tribes. In October 2012, the NRC entered into a Memorandum of Understanding (MOU) with the PIIC (ADAMS Accession No. ML12284A456). The MOU established a cooperating agency relationship between NRC and the PIIC, defining the roles and responsibilities of both entities and the processes used in the preparation of the 2015 EA. The 2015 EA reflects the special expertise of the PIIC in historic and cultural resources, socioeconomics, land use, and environmental justice, as they relate to license renewal for the PI ISFSI.
The NRC staff analyzed the cumulative environmental impacts of both the license renewal and a possible, future expansion of the capacity of the PI ISFSI to accommodate up to 98 casks. In the cumulative impact analysis, the NRC staff assessed the impacts to historic and cultural resources. The APE, defined for the assessment of effects to historic and cultural resources for the license renewal, includes the PI ISFSI site and the access road from the PINGP auxiliary building to the ISFSI (see Section 3.10.1 of the 2015 EA, Enclosure 3). The NRC staffs analysis included (i) information provided by the PIIC on impacts to historic and cultural resources during consultation, (ii) original construction photographs of the PI ISFSI to identify ground disturbance activities, (iii) information from previous archaeological investigations, (iv) results of light detection and ranging remote sensing, and (v) results of the Phase I archeological survey conducted by NSPMs contractor in September 2014 (see Enclosure 4).
The MOU and the evaluation of this information in the EA provided the basis for the settlement to resolve the cultural resources contentions. The 2014 survey tested for the presence of archaeological deposits in the area of potential ground disturbance, if the NRC approved the construction of the new ISFSI pads. The PIIC, NRC staff, and NSPM representatives observed the survey activities carried out in 2014. The draft survey report was provided to the PIIC and the MN SHPO for review and comment. Cultural materials were not recovered from any test excavations and borings, and all eight exposed soil profiles were interpreted by the
S. Beimers 4
consulting archaeologists as having been significantly disturbed by past construction activities.
Archaeological properties were not found and no evidence of paleosols was identified. The survey report concluded that additional archaeological investigations within the studied area were not warranted.
Additionally, an earthen berm and trees surround the PI ISFSI; it is invisible from offsite roadways, including roadways on the PIIC Reservation. The earthen berm is constructed of fill material reinforced with geofabric. Erosion control material and natural vegetation give the berm a natural appearance.
In a letter to the PIIC, dated November 7, 2019, (ADAMS Accession No. ML20127J000) NSPM committed to continue to follow their Cultural Resources Management Plan (CRMP). The CRMP was developed in coordination with the PIIC, to manage and protect archaeological and cultural resources at the PINGP property, including the PI ISFSI area. The CRMP includes, (i) a detailed overview of existing information on the nature and location of known historic and cultural resources within the PINGP property (although no known historic and cultural resources occur within the APE of the proposed expansion of the PI ISFSI), (ii) identifies the types of activities having the potential to cause disturbance to these resources, and (iii) establishes NSPMs procedures and practices for the notification of and consultation with concerned parties, prior to initiating future construction and excavation projects at the PINGP. Additionally, the CRMP states if the ISFSI expansion identifies undisturbed soils with the potential to contain archaeological resources, then subsurface testing may be required to identify and assess the significance of resources. In anticipation of the expansion of the PI ISFSI storage capacity, the NSPMs contractor compared the area surveyed in 2014 with the area that would be disturbed by construction of a new concrete pad and found the two areas overlap. Therefore, NSPMs contractor concluded that additional archaeological studies would not be necessary.
Determination of Effect The high degree of prior disturbance within the PI ISFSI and the absence of recorded sites within the ISFSI boundary, led the archaeological research team and the NRC staff to conclude that there is a low potential for intact archaeological deposits within the proposed project area.
The NRCs prior environmental and Section 106 reviews, the archaeological surveys completed by the licensee on the PINGP property and within the PI ISFSI boundary, and information on cultural resources and traditional cultural properties provided by the MN SHPO and the PIIC, all support the conclusion that known historic or cultural properties are not present within the APE for the proposed expansion of the PI ISFSIs storage capacity. Following the requirements of 36 CFR 800.4(d)(1), the NRC staff finds that historic properties are not present; therefore, no historic properties would be affected by the undertaking.
The NRC staff is preparing an EA for this proposed action, the requested license amendment to expand the PI ISFSIs storage capacity. The EA assesses potential environmental impacts that may significantly affect the human environment. In accordance with 36 CFR 800.8, Coordination with the National Environmental Policy Act, the NRC staff is coordinating the Section 106 process with its NEPA review process. The EA will include an analysis of potential impacts to historic and cultural resources consistent with the information and conclusions discussed in this letter. In support of the NEPA environmental and Section 106 reviews, the NRC staff requests your concurrence on NRCs determination that no historic properties are present within the APE for this licensing action (undertaking) and therefore, no historic properties would be affected.
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In accordance with 10 CFR 2.390 of the NRCs Agency Rules and Practice and Procedure, a copy of this letter will be available electronically for public inspection in the Publicly Available Records component of NRCs ADAMS. The ADAMS Public Electronic Reading Room is accessible at http://www.nrc.gov/reading-rm/adams.html. The accession numbers for documents referenced in this letter are provided within.
Please provide your concurrence and any comments and/or information you may have regarding the NRCs determination that no historic properties are present and no effects determination within 30 days of receipt of this letter to Ms. Diana Diaz-Toro via email at Diana.Diaz-Toro@nrc.gov. If you have any questions, please contact Ms. Jean Trefethen of my staff by telephone at 301-415-0867 or via email at Jean.Trefethen@nrc.gov. Thank you for your assistance.
Sincerely, Diana Diaz-Toro, Acting Chief Environmental Review Materials Branch Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No. 72-10 License No. SNM-2506
Enclosures:
- 1.
Area of Potential Effect
- 2.
Tribal List
- 3.
2015 License Renewal Environmental Assessment
- 4.
Results of Phase 1 Architectural Survey Conducted in September 2014
S. Beimers 6
SUBJECT:
SECTION 106 CONSULTATION OF THE NATIONAL HISTORIC PRESERVATION ACT REGARDING THE PROPOSED LICENSE AMENDMENT FOR THE PRAIRIE ISLAND INDEPENDENT SPENT FUEL STORAGE INSTALLATION -
DETERMINATION OF EFFECTS (DOCKET NUMBER: 72-10)
DATED: May 28, 2020 ADAMS Package Accession Number: ML20140A115 Pkg
- via email OFFICE REFS/ERMB REFS/ERMB REFS/ERMB REFS/ERMB OGC REFS/ERMB NAME MCoflin*
DDiazToro*
JTrefethen*
- AWalker-Smith
- PJehle
- DDiaz-Toro*
DATE 04/27/2020 04/28/2020 04/28/2020 04/29/2020 5/18/2020 05/28/2020 OFFICIAL RECORD COPY