ML22258A273

Letter to John Swigart, SHPO; Re., Conclusion of Consultation Under Section 106 Hnpa Fort Calhoun Station Unit 1

ML22258A273
Person / Time
Site:	Fort Calhoun
Issue date:	09/29/2022
From:	Jessie Quintero NRC/NMSS/DREFS/ERMB
To:	Swigart J State of NE
Imboden S
References
Download: ML22258A273 (6)

Text

VIA EMAIL ONLY John Swigart Preservation Archeologist History Nebraska 1500 R Street Lincoln, NE 68508-1651 john.swigart@nebraska.gov

SUBJECT:

CONCLUSION OF CONSULTATION UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT REGARDING THE LICENSE TERMINATION PLAN FOR FORT CALHOUN STATION UNIT 1 IN WASHINGTON COUNTY, NEBRASKA (DOCKET NUMBER: 50-285)

Dear John Swigart:

The U.S. Nuclear Regulatory Commission (NRC) has received, by letter dated August 3, 2021, an application from Omaha Public Power District (OPPD) for a license amendment requesting approval of a License Termination Plan (LTP) for Ft. Calhoun Station, Unit 1. Approval of the LTP would result in the release of a majority of the Ft. Calhoun Station site for unrestricted use; only a small site for the dry storage of spent nuclear fuel would remain under restricted use and NRC license. The NRC staff is currently reviewing the application.

The Ft. Calhoun Station is located in Washington County, Nebraska, on the southwest bank of the Missouri River approximately 19 miles north of Omaha. Ft. Calhoun Station stopped operating in 2016 and began undergoing decommissioning in 2019. In May 2020, all spent nuclear fuel was transferred to onsite dry cask storage (also known as an independent spent fuel storage installation (ISFSI)), which is expected to remain after decommissioning. Enclosure 1 contains a map with the location of the Ft. Calhoun Station. Enclosure 2 contains an aerial view of the Ft. Calhoun Station Owner-Controlled Areas.

NRC Review Process for LTPs In accordance with Title 10 of the Code of Federal Regulations (10 CFR) section 50.82(a)(9)(ii),

licensees must submit an LTP prior to license termination. When reviewing the LTP, the NRC staff will refer to guidance in NUREG-1700, Standard Review Plan for Evaluating Nuclear Power Reactor License Termination Plans, and consider the following: (a) the adequacy of the licensees decommissioning funding plan to assure that sufficient funding is available to complete the remaining radiological remediation activities; (b) the radiation-release criteria for license termination; and (c) the adequacy of the design of the final status survey to verify that the radiological release criteria have been met. The final status survey is the radiological survey performed after an area has been fully characterized, remediation has been completed, and the area is ready to be released. In accordance with 10 CFR 50.82(a)(11), the NRC shall terminate the OPPDs Ft. Calhoun Station Unit 1 reactor operating license (except for the ISFSI) upon the September 29, 2022 J. Swigart 2

licensees demonstration that the remaining dismantlement has been performed in accordance with the LTP and that it has met the radiological release criteria for unrestricted use under 10 CFR 20.1402. The portion of the site associated with the ISFSI will remain under restricted use and NRC license.

In accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the agencys regulations in 10 CFR part 51 Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, the NRC staff is preparing an environmental assessment (EA) to assess the potential environmental impacts that could result from license termination activities such as soil surveys as well as remaining decommissioning and dismantling activities. The EA will include an analysis of potential impacts to historic and cultural resources as a result of the LTP.

NHPA Section 106 Consultation

In accordance with title 36 Code of Federal Regulations (36 CFR) section 800.8, Coordination with the National Environmental Policy Act, the NRC staff is coordinating its National Historic Preservation Act (NHPA) section 106 review with its NEPA environmental review. This letter closes out the administrative record for the NRCs NHPA section 106 consultation conducted for this undertaking.

The Ft. Calhoun Station site is approximately 540 acres of owner-controlled area. There were two approved partial site releases of the areas shown in hatched lines in Enclosure 2. The NRC considers the direct area of potential effects (APE) to be the approximate 119-acre deconstruction area shown in Enclosure 2. The indirect APE will be the remaining area within the 540-acre site boundary.

The NRC previously issued a final environmental impact statement (FEIS) in August 2003 addressing the impacts from operating license renewal of Ft. Calhoun Station. The FEIS is available in the NRCs Agencywide Documents Access and Management System (ADAMS),

which can be accessed online at http://www.nrc.gov/reading-rm/adams.html, at ADAMS ML032230075. The FEIS contains a discussion of potential impacts to historic and archeological resources due to operation of Ft. Calhoun Station; the FEIS conclusion was that continued operation would not adversely affect historic and archeological resources. The DeSoto Townsite archeological site located on a portion of the plant site north of the rail spur and bounded by U.S. Highway 75 was formally determined eligible for listing on the National Register of Historic Places, but the FEIS found that it would not be adversely affected by continued operation of Ft. Calhoun Station.

The decommissioning activities as part of the current proposed action will be primarily confined to disturbed areas located away from areas of existing or high potential for archeological sites.

However, OPPD has mitigation measures in place should decommissioning activities be necessary in previously undisturbed areas, including all construction activities that disturb one acre or greater of soil will be permitted and approved by the Nebraska Department of Environment and Energy, Best Management Practices will be required to control sediment and the effects of erosion, and environmental protection procedures pertaining to archaeological and cultural resources will remain in effect during decommissioning. For additional information regarding the proposed action, the license amendment application is publicly available in ADAMS at ML21271A144.

J. Swigart 3 Based on the results of the FEIS review and decommissioning activities planned to occur in areas previously disturbed, the NRC staff has determined that, pursuant to 36 CFR 800.4(d)(1),

no historic properties will be affected. This determination is consistent with the findings stated in a letter dated June 8, 2022, from your office to Ryan Layman of OPPD for this project given the State Historic Preservation Office Review No. HP# 1810-138-01 (ADAMS ML22167A199). The NRC staff is providing documentation of this finding as set forth in 36 CFR 800.11(d) and closing out our NHPA section 106 consultation.

If you have any questions about this matter, please contact Stacey Imboden of my staff via email at stacey.imboden@nrc.gov or via phone at (301) 415-2462.

Sincerely, Jessie M. Quintero, Chief Environmental Review Materials Branch Division of Rulemaking, Environmental and Financial Support Office of Nuclear Material Safety and Safeguards Docket No. 50-285

Enclosures:

1. Site location map

2. Owner Controlled Areas Signed by Quintero, Jessie on 09/29/22

J. Swigart 4

SUBJECT:

CONCLUSION OF CONSULTATION UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT REGARDING THE LICENSE TERMINATION PLAN FOR FORT CALHOUN STATION UNIT 1 IN WASHINGTON COUNTY, NEBRASKA (DOCKET NUMBER: 50-285)

Dated: SEPTEMBER 29, 2022

DISTRIBUTION:

Public JParrott, NMSS NMorgan, NMSS SAnderson, NMSS

ADAMS Accession Number: ML22258A273 *via email OFFICE REFS/ERMB REFS/ERMB OGC REFS/ERMB NAME SImboden AWalker-Smith EAnderson JQuintero DATE 09/15/2022 09/16/2022 09/28/2022 09/29/2022 OFFICIAL RECORD COPY Ft. Calhoun Station Unit 1 Site Location (from OPPD application)

Enclosure 1 Ft. Calhoun Station Unit 1 Owner Controlled Areas (from OPPD application)

Enclosure 2