ML22299A106
| ML22299A106 | |
| Person / Time | |
|---|---|
| Site: | McGuire  |
| Issue date: | 01/12/2023 |
| From: | Storage and Transportation Licensing Branch |
| To: | |
| Shared Package | |
| ML22299A103 | List: |
| References | |
| Download: ML22299A106 (1) | |
Text
U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS DIVISION OF FUEL MANAGEMENT FINAL ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR DUKE ENERGYS UPDATED DECOMMISSIONING FUNDING PLANS SUBMITTED IN ACCORDANCE WITH 10 CFR 72.30(c) FOR MCGUIRE NUCLEAR STATION INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NO. 72-38 LICENSE NO. SFGL-11 Enclosure
TABLE OF CONTENTS
1.0 INTRODUCTION
................................................................................................................1 1.1 Background .....................................................................................................................1 1.2 Proposed Action..............................................................................................................3 1.3 Purpose and Need for the Proposed Action ...................................................................4 2.0 ENVIRONMENTAL IMPACT ..............................................................................................4 3.0 ALTERNATIVES.................................................................................................................5 4.0 AGENCIES AND PERSONS CONSULTED.......................................................................6
5.0 CONCLUSION
AND FINDING OF NO SIGNIFICANT IMPACT ........................................6
6.0 REFERENCES
...................................................................................................................6
1.0 INTRODUCTION
Duke Energy Carolinas, LLC and Duke Energy Progress, LLC (collectively, Duke Energy)1 submitted decommissioning funding plans (DFPs) for the years 2017, 2019, and 2021, to the U.S. Nuclear Regulatory Commission (NRC), for the NRCs review and approval. The NRC has prepared this final environmental assessment (EA) and its associated finding of no significant impact (FONSI) in accordance with the NRC regulations at Title 10 of the Code of Federal Regulations (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,2 and the NRC staff guidance in NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs. This EA and FONSI documents the NRCs compliance with NEPA.
1.1 Background
The NRC regulations at 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)3 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 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
[Greater than Class C] waste, and other radioactive materials associated with spent fuel.4 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.5 An essential element of decommissioning is ensuring that licensees 1 Duke Energy Progress, LLC and Duke Energy Carolinas, LLC, collectively referred to as Duke Energy, is the parent company of operating commercial nuclear power reactors including Brunswick Steam Electric Plant, Units 1 and 2; McGuire Nuclear Station, Units 1 and 2; H.B. Robinson Steam Electric Plant, Unit 2; Catawba Nuclear Station, Units 1 and 2; Oconee Nuclear Station, Units 1, 2, and 3; and Shearon Harris Nuclear Power Plant, Unit 1. Duke Energy does not operate an onsite ISFSI at Shearon Harris, Unit 1. Currently spent fuel from the Shearon Harris, Unit 1 reactor is stored in the spent fuel pool. By letters dated March 29, 2017, April 1, 2019, and March 30, 2021, Duke Energy submitted the required updated decommissioning funding plans covering the ISFSIs for the Brunswick Steam Electric Plant, Catawba Nuclear Station, McGuire Nuclear Station, Oconee Nuclear Station, and the H.B. Robinson Steam Electric Plant, Unit 2.
2 42 U.S.C. 4321 et seq.
3 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).
4 10 CFR 72.3 (definition of Independent spent fuel storage installation or ISFSI).
5 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 1
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 the NRCs regulations to improve decommissioning planning and thus, reduced the likelihood that any operating facility would become a legacy site. The statement of considerations for the June 2011 final rule states 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 35512, 35516). According to the 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 June 2011 rulemaking EA further stated that numerous un-remediated 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 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 applicant for, a license under 10 CFR Part 72 to submit, for NRC review and approval, a DFP (hereafter, initial DFP). The purpose of the initial 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 initial 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 initial DFP must also identify and justify using the key assumptions contained in the DCE. Further, the initial 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 initial 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), and contain a certification that financial assurance for ISFSI decommissioning has been provided in the amount of the DCE. 6 In addition, 10 CFR 72.30(c) requires that at the time of license renewal and at intervals not to exceed 3 years, the licensee must resubmit an updated DFP, with adjustments as necessary to account for changes in cost and the extent of contamination. The resubmitted DFP (hereafter, updated DFP) must update the information submitted with the original or prior approved plan.
The updated DFP must also specifically consider the effect 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.7 In resulting from activities under the licensees control (10 CFR 20.1003, definition of residual radioactivity).
6 10 CFR 72.30(b)(1)-(6).
7 10 CFR 72.30(c)(1)-(4).
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accordance with 10 CFR 72.13(b) and 10 CFR 72.13(c), 10 CFR 72.30(b) and (c) are applicable to both specific-licensed and general-licensed ISFSIs.8 The McGuire Nuclear Station ISFSI is located on the site of McGuire Nuclear Station, Units 1 and 2, in Huntersville, North Carolina. Duke Energy is authorized by the NRC, under a general license (License No. SFGL-11), to store spent nuclear fuel at the McGuire Nuclear Station ISFSI. By letter dated December 13, 2012 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML12353A033), Duke Energy submitted the initial DFP for the ISFSI at McGuire Nuclear Station for NRCs review and approval. The NRC staff issued a request for additional information (RAI) by letter dated August 1, 2013 (ADAMS Accession No. ML13214A228). By letter dated September 30, 2013, Duke Energy supplemented the 2012 DFP with its RAI response (ADAMS Accession No. ML13275A203). By letter dated March 30, 2015 (ADAMS Accession No. ML15089A394), Duke Energy submitted an updated DFP. By letter dated February 23, 2018, the NRC issued a RAI regarding Duke Energys DFP update (ADAMS Accession No. ML18057A216). By letter dated March 28, 2018, Duke Energy supplemented its 2015 DFP update with an RAI response (ADAMS Accession No. ML18101A058). The NRC staff reviewed these DFP submittals, i.e., the initial and the triennial update, along with the DFP supplements, and documented its findings in its letter dated April 30, 2021 (ML21078A497). In support of its approvals of the initial and the 2015 DFPs, the NRC issued an EA/FONSI on April 22, 2021 (ADAMS Accession No. ML21056A549), which was published in the Federal Register on April 30, 2021 (86 FR 22978).
By letters dated March 29, 2017 (ADAMS Accession No. ML17088A701), April 1, 2019 (ADAMS Accession No. ML19091A079) and March 30, 2021 (ADAMS Accession No. ML21089A271),
Duke Energy submitted updated DFPs for the ISFSI at McGuire Nuclear Station site for the NRCs review and approval.9 In addition to preparing this EA and FONSI, the NRC staff is also conducting a financial review of Duke Energys 2017, 2019, and 2021 submittals to evaluate the information provided pursuant to 10 CFR 72.30(c) to determine whether Duke Energy provided reasonable assurance that funds will be available to decommission the McGuire Nuclear Station ISFSI, including the requirement to meet the license termination criteria of 10 CFR 20.1402 or 10 CFR 20.1403.
1.2 Proposed Action The proposed Federal action is the NRC staffs review and approval of Duke Energys updated DFPs submitted for the years 2017, 2019 and 2021, in accordance with 10 CFR 72.30(c).
Specifically, the NRC must determine whether Duke Energys updated DFPs contain the information required by 10 CFR 72.30 (c) and whether Duke Energy has provided reasonable 8 A specific license for the construction and operation of an ISFSI must be initiated by the submission of an application in accordance with the requirements of Subpart B of 10 CFR Part 72. NRC approval and issuance of a specific license, including the conditions of the license, is governed by Subpart C of 10 CFR Part 72. The specific license is a stand-alone document that is assigned a unique NRC license docketing number. A general license is considered an incident of a 10 CFR Part 50 or 52 reactor license (see 10 CFR 72.210). The conditions of the general license are set forth by regulation in 10 CFR 72.212.
The NRC does not issue any license document for a general license.
9 Duke Energy began submitting ISFSI DFPs on a biennial rather than triennial basis to coordinate the filing cycle of its ISFSI DFPs with the filing cycle under 10 CFR 50.75(f)(1) for its reactor facilities.
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assurance that funds will be available to decommission the ISFSI. In reviewing the 2017, 2019 and 2021 DFPs, the NRC evaluated whether the updated DFPs have been adequately adjusted to account for changes in the DCE and the extent of contamination and meet the requirements of 10 CFR 72.30(c). The NRCs review considers whether Duke Energy has accurately updated the information submitted with the updated DFPs and has specifically considered the effects of the following on decommissioning costs: spills of radioactive material producing additional residual radioactivity in onsite subsurface material, facility modifications, changes in authorized possession limits, and actual remediation costs that exceed the previous DCE.
Duke Energy is not requesting changes to the ISFSIs licensed routine operations, maintenance activities, or monitoring programs, or proposing new construction or land-disturbing activities as part of updated DFP. The scope of the proposed action concerns only the NRCs review and approval of Duke Energys updated DFPs. The scope of this proposed action does not include, and will not result in, the review and approval of decontamination or decommissioning activities or license termination for the ISFSI or for other parts of McGuire Nuclear Station. Prior to license termination, Duke Energy will need to decontaminate and decommission the ISFSI. As part of future decommissioning activities, Duke Energy will submit, for NRC approval, a license termination plan in accordance with 10 CFR 50.82 for its general license. The NRC staff would conduct a separate environmental review in support of Duke Energys proposed 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 confirm that Duke Energy will have sufficient funding to cover the costs of decommissioning the McGuire Nuclear Station ISFSI.
2.0 ENVIRONMENTAL IMPACT This EA addresses the environmental impact of the NRC staffs review and approval of Duke Energys updated DFPs for the years 2017, 2019 and 2021, submitted in accordance with 10 CFR 72.30(c). A separate financial review of the DFPs, which evaluates the adequacy of the updated DFPs, including the amount of the DCE and the method of assuring funds for decommissioning, will be documented by the NRC staff.
The NRC staffs review and approval of the updated DFPs will not change the scope or nature of the operation of the ISFSI and will not authorize changes to licensed operations or maintenance activities. The NRC staffs review and approval of the updated DFPs will not result in 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 solid waste. Moreover, the review and approval of the updated DFPs will not authorize construction activity or facility modification.
Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA),10 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 Properties, the NRCs approval of Duke Energys updated DFPs for the years 2017, 2019 and 10 See 54 U.S.C. 30618.
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2021 constitutes a Federal undertaking.11 The NRC, however, has determined that the approval of the updated DFPs 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 Duke Energys updated DFPs 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 solid waste. Moreover, the approval of the updated DFPs will not authorize construction activity, facility modification, or other land-disturbing activity. Additionally, future NRC approval of site-disturbing remediation activities conducted by Duke Energy would require an NRC environmental review, including a Section 106 review. This environmental review would be conducted as part of the NRC staffs review and approval of Duke Energys license termination plan per 10 CFR 50.82. 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 (ESA) of 1973,12 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. The NRC has determined that the proposed action will have no effect on listed species or their critical habitats because the NRCs approval of Duke Energys updated DFPs for the years 2017, 2019 and 2021 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 solid waste. Moreover, the review and approval of the updated DFPs will not authorize construction activity, facility modification, or other land-disturbing activity.
Future NRC approval of site-disturbing remediation activities conducted by Duke Energy would require an additional NRC environmental review, including both an ESA and a NHPA assessment. These environmental reviews would be conducted as part of the NRCs review and approval of Duke Energys license termination plan under 10 CFR 50.82.
The NRC staff has determined that the review and approval of the updated DFPs is a procedural and administrative action that will not result in 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 Duke Energys updated DFPs for the years 2017, 2019 and 2021 (i.e., the no-action alternative). The NRC staff, however, would then request Duke Energy to supplement or amend its proposed DFPs to provide the required information in 10 CFR 72.30(c) and demonstrate adequate decommissioning financial assurance. The NRC could also take enforcement action, as needed, to reinstate compliance with 10 CFR 72.30(c). The resulted outcome would be the licensees compliance with 10 CFR 72.30(c), leading to eventual NRC approval of the updated DFPs. Therefore, for the no-action alternative, the environmental impact would be the same as those evaluated for 11 See 36 CFR 800.16(y).
12 See 16 U.S.C. 1531 et seq.
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approving the updated DFPs. Approving the DFPs 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 North Carolina Department of Health and Human Services (State) by letter dated September 1, 2022 (ADAMS Accession No. ML22230B154), on the updated DFPs. The State responded by letter dated September 22, 2022 (ADAMS Accession No. ML22276A248), and indicated that it had no comment.
The NRC staff has determined that Section 7 consultation under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is not required for ISFSI DFP reviews because the proposed action is a procedural and administrative action that will not affect listed species or critical habitat. This determination is documented in a Note to File dated May 15, 2017 (ADAMS Accession No. ML17135A062).
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 NRCs review and approval of Duke Energys proposed DFPs for the years 2017, 2019 and 2021 will not significantly affect the quality of the human environment. The NRCs approval of the proposed DFPs 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 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 website, ADAMS can be accessed, which provides text and image files of NRCs public documents. The ADAMS accession numbers for the documents are provided in this section.
If there are problems in accessing ADAMS, the NRCs public document room staff should be contacted 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.
86 FR 22978. Federal Register Notice. Environmental Assessment and Finding of No Significant Impact of Independent Spent Fuel Storage Facilities Decommissioning Funding Plans. April 30, 2021 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.
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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, 2013. U.S. Nuclear Regulatory Commission. Request for Additional Information for Review of the Decommissioning Funding Plans for Duke Energy Independent Spent Fuel Storage Installations. August 1, 2013. ADAMS Accession No. ML13214A228.
NRC, 2015. U.S. Nuclear Regulatory Commission. Review of the Draft Environmental Assessment for The Brunswick Steam Electric Plant Independent Spent Fuel Storage Installation Decommissioning Funding Plan. August 10, 2015. ADAMS Accession No. ML15224B450.
NRC, 2017. U.S. Nuclear Regulatory Commission. ESA Section 7 No Effect Determination for ISFSI DFP Reviews (Note to File). May 2017. ADAMS Accession No. ML17135A062.
NRC, 2018. U.S. Nuclear Regulatory Commission. Request for Additional Information for Review of Duke Energys Decommissioning Funding Plan Update for H.B. Robinson Steam Electric Plant, Unit 2; Brunswick Steam Electric Plant; Catawba Nuclear Station; McGuire Nuclear Station; and H.B. Robinson Steam Electric Plant, Unit 2 Independent Spent Fuel Storage Installations. February 23, 2018. ADAMS Accession No. ML18057A216.
NRC, 2021. U.S. Nuclear Regulatory Commission. Review of the Draft Environmental Assessment and Finding of No Significant Impact for Brunswick Steam Electric Plant, McGuire Nuclear Station, and H.B. Robinson Steam Electric Plant, Unit 2, Independent Spent Fuel Storage Installations Decommissioning Funding Plans. March 15, 2021. ADAMS Accession No. ML21071A069.
NRC, 2021. U.S. Nuclear Regulatory Commission. Final Environmental Assessment and Finding of No Significant Impact for Duke Energys Initial and Updated Decommissioning Funding Plans Submitted in Accordance With 10 CFR 72.30(b) and (c) for McGuire Nuclear Station Independent Spent Fuel Storage Installation. April 22, 2021. ADAMS Accession No. ML21056A549.
NRC, 2021. U.S. Nuclear Regulatory Commission. U.S. Nuclear Regulatory Commission Analysis of Duke Energys Initial and Updated Decommissioning Funding Plans for Independent Spent Fuel Storage Installations at H. B. Robinson Steam Electric Plant, Unit 2, Brunswick Steam Electric Plant, Catawba Nuclear Station, McGuire Nuclear Station, and Oconee Nuclear Station. April 30, 2021. ADAMS Accession No. ML21078A497.
NRC, 2022. Review of the Draft Environmental Assessment and Finding of No Significant Impact for Brunswick Steam Electric Plant and McGuire Nuclear Station Independent Spent Fuel Storage Installations Decommissioning Funding Plans. September 1, 2022. ADAMS Accession No. ML22230B154.
Duke Energy, 2012. Decommissioning Funding Plan for Interim Spent Fuel Storage Installations. December 13, 2012. ADAMS Accession No. ML12353A033.
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Duke Energy, 2013. Response to NRC Request for Additional Information Dated August 1, 2013, Regarding the Decommissioning Funding Status Report for the Independent Spent Fuel Storage Installations. September 30, 2013. ADAMS Accession No. ML13275A203.
Duke Energy, 2015. Decommissioning Funding Plan for Independent Spent Fuel Storage Installations. March 30, 2015. ADAMS Accession No. ML15089A394.
Duke Energy, 2017, Decommissioning Funding Plan for Independent Spent Fuel Storage Installations (ISFSIs), March 29, 2017. ADAMS Accession No. ML17088A701.
Duke Energy, 2018. Response to Request for Additional Information Regarding Duke Energy's Decommissioning Funding Plan Update for Independent Spent Fuel Storage Installations.
March 28, 2018. ADAMS Accession No. ML18101A058.
Duke Energy, 2019. Decommissioning Funding Plan for Independent Spent Fuel Storage Installations (ISFSIs). April 1, 2019. ADAMS Accession No. ML19091A079.
Duke Energy, 2021. Decommissioning Funding Plan for Independent Spent Fuel Storage Installations (ISFSIs). March 30, 2021. ADAMS Accession No. ML21089A271.
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