ML22347A211

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Federal Register Notice: Notice of Intent to Conduct a Supplemental Scoping Process and Prepare a Draft Environmental Impact Statement
ML22347A211
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 12/14/2022
From: John Moses
NRC/NMSS/DREFS/ELRB
To:
References
NRC-2021-0146
Download: ML22347A211 (8)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-269, 50-270, and 50-287; NRC-2021-0146]

Notice of Intent to Conduct a Supplemental Scoping Process and Prepare a Draft

Environmental Impact Statement

Duke Energy Carolinas, LLC

Oconee Nuclear Station, Units 1, 2, and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Subsequent license renewal environmental report supplement; i ntent to

conduct a supplemental scoping process and prepare a draft envi ronmental impact

statement; request for comment.

SUMMARY

In response to the U.S. Nuclear Regulatory Commissions (NRC)

Memorandum and Order, CLI-22-03 (February 24, 2022), the NRC re ceived Subsequent

License Renewal - Appendix E Environmental Report Supplement 2 (ER Supplement),

dated November 7, 2022, related to the subsequent renewal of Re newed Facility

Operating License Nos. DPR-38, DPR-47, and DPR-55, which author izes Duke Energy

Carolinas, LLC (Duke Energy, the applicant) to operate Oconee N uclear Station

(Oconee), Units 1, 2, and 3. The ER Supplement addresses certa in environmental

impacts of operating Oconee for an additional period of 20 year s beyond the current

license expiration dates.

The NRC will conduct a limited scoping process to gather additi onal information

necessary to prepare an environmental impact statement (EIS) to evaluate the

environmental impacts for the subsequent license renewal (SLR) of the operating

licenses for Oconee. The NRC is seek ing public comment on the proper scope of the

EIS to be prepared for this action.

DATES: Submit comments on the scope of the EIS by January 18, 2023. Comments

received after this date will be considered if it is practical to do so, but the NRC is able to

ensure consideration only for co mments received on or before th is date.

ADDRESSES: You may submit comments by any of the following methods; howe ver,

the NRC encourages electronic comment submission through the Fe deral rulemaking

website.

for Docket ID NRC-2021-0146. Address questions about Docket IDs to Stacy

Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc. gov. For technical

questions, contact the individual listed in the For Further In formation Contact section of

this document.

  • Email: Comments may be submitted to the NRC electronically using the

email address OconeeEnvironmental@nrc.gov.

  • Mail Comments to: Office of Administration, Mail Stop: TWFN-7-A60M,

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program

Management, Announcements and Editing Staff.

For additional direction on obtaining information and submittin g comments, see

Obtaining Information and Submitting Comments in the SUPPLEME NTARY

INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lance Rakovan, Office of Nuclear

Materials Safety and Safeguards, U.S. Nuclear Regulatory Commis sion, Washington,

DC 20555-0001; telephone: 301-415-2589, email: Lance.Rakovan@ nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2021-0146 when contacting the NRC about the availability of information for this action. You may obtain pu blicly available information

related to this action using any of the following methods:

search for Docket ID NRC-2021-0146.

  • NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADA MS Public

Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the

search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,

301-415-4737, or by email to PDR.Resource@nrc.gov. For the con venience of the

reader, instructions about obtaining materials referenced in th is document are provided

in the Availability of Documents section.

  • NRCs PDR: You may examine and purchase copies of public documents,

by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555

Rockville Pike, Rockville, Maryland 20852. To make an appointm ent to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,

except Federal holidays.

  • Public Library: A copy of the ER Supplement is available for public review

at the Oconee County Public Library, 300 E. South 2nd St, Senec a, SC 29678.

B. Submitting Comments

The NRC encourages electronic comment submission through the Fe deral

rulemaking website (https://www.regulations.gov). Please inclu de Docket ID NRC-2021-

0146 in your comment submission.

The NRC cautions you not to include identifying or contact info rmation that you

do not want to be publicly disclosed in your comment submission. The NRC will post all

comment submissions at https://www.regulations.gov as well as e nter the comment

submissions into ADAMS. The NRC does not routinely edit commen t submissions to

remove identifying or contact information.

If you are requesting or aggregating comments from other person s for

submission to the NRC, then you should inform those persons not to include identifying

or contact information that they do not want to be publicly dis closed in their comment

submission. Your request should state that the NRC does not routinely edit comment

submissions to remove such information before making the commen t submissions

available to the public or entering the comment into ADAMS.

II. Discussion

By letter dated June 7, 2021, Duke Energy submitted to the NRC an application

for subsequent license renewal of Renewed Facility Operating Li cense Nos. DPR-38,

DPR-47, and DPR-55 for Oconee, Units 1, 2, and 3, respectively, for an additional 20

years of operation. That submission initiated the NRC's propos ed action of determining

whether to grant the SLR application. The Oconee units are pre ssurized water reactors

designed by Babcock & Wilcox and are located in Seneca, South C arolina,

approximately 30 miles west of Greenville, SC. The current ren ewed facility operating

license for Unit 1 expires at midnight on February 6, 2033, the current renewed facility

operating license for Unit 2 expires at midnight on October 6, 2033, and the current

renewed facility operating license for Unit 3 expires at midnig ht on July 19, 2034. The

SLR application was submitted pursuant to Section 103 of the At omic Energy Act of

1954, as amended, and part 54 of title 10 of the Code of Federal Regulations (10 CFR),

Requirements for Renewal of Operating Licenses for Nuclear Pow er Plants, and seeks

to extend the renewed facility operating license for Unit 1 to midnight on February 6, 2053, the renewed facility operating license for Un it 2 to midnight on

October 6, 2053, and the renewed facility operating license for Unit 3 to midnight on

July 19, 2054. A notice of receipt and availability of the app lication was published in the

Federal Register on June 25, 2021 (86 FR 33784). A notice of acceptance for do cketing

of the application and of opportunity to request a hearing was published in the Federal

Register on July 28, 2021 (86 FR 40662). A public scoping meeting was held on August

21, 2021.

On February 24, 2022, the Commission issued several decisions, including CLI-

22-02 and CLI-22-03, in which the Commission held that the 201 3 GEIS [NUREG-1437,

"Generic Environmental Impact Statement for License Renewal of Nuclear Plants] did

not consider the impacts from operations during the subsequent license renewal period

and applicants for subsequent license renewal must evaluate Cat egory 1 impacts in their

environmental reports. Accordi ngly, these impacts must be addr essed on a site-specific

basis in the Staff's site-specific environmental impact stateme nts. In addition, the

Commission held that 10 CFR 51.53(c)(3) only applies to an init ial license renewal

applicant's preparation of an environmental report. As a resul t, the Commission

determined, among other things, that the NRC staff's environmen tal reviews of pending

subsequent license renewal applications are incomplete and dire cted the staff to prepare

an update to the 2013 GEIS. In CLI-22-03, the Commission furth er stated that if an

applicant does not wish to wait for the completion of the gener ic analysis and associated

rulemaking, the applicant may submit a revised environmental r eport providing

information on environmental impacts during the subsequent lice nse renewal period.

Following the issuance of CLI-22-03, the NRC received the ER Su pplement from

Duke Energy, dated November 7, 2022, related to the subsequent renewal of the

operating licenses for Oconee.

Given recent circumstances that require including, within the s cope of the EIS for

subsequent license renewal for Oconee, an evaluation of the iss ues treated as Category

1 in the 2013 GEIS, the NRC staff will conduct an additional li mited scoping process

associated with this action. Consistent with Commission direct ion, the NRC staff intends

to prepare a Draft Supplemental Environmental Impact Statement for SLR of Oconee

Units 1, 2 and 3 (DSEIS) for public comment, in which it will r eview all applicable

Category 1 (generic) issues listed in the 2013 GEIS for the p urpose of making site-

specific findings (e.g., SMALL, MODERATE, LARGE) on those issue s. The NRC staff

also intends to review all applicable Category 2 (site-specif ic) issues listed in the 2013

GEIS, including any significant new information that may have a risen following the

original August 10, 2021, to September 9, 2021, scoping period and will update the site-

specific analysis, as appropriate, to address the new informati on. Environmental

scoping comments should address matters that fit within these t wo categories;

comments that do not fit into these two categories will not be considered.

III. Request for Comment

This notice informs the public of the NRC's intention to prepar e a DSEIS related

to the subsequent license renewal application and to provide th e public an opportunity to

participate in the environmental scoping process, as defined in 10 CFR part 51,

Environmental Protection Regulations for Domestic Licensing and Related Regulatory

Functions.

Participation in the scoping process by members of the public a nd local, State,

Tribal, and Federal government agencies is encouraged. The sco ping process for the

DSEIS will be used to accomplish the following:

a. Define the proposed action, which is to be the subject of th e DSEIS;
b. Determine the scope of the DSEIS and identify the significan t issues to be

analyzed in depth;

c. Identify and eliminate from detailed study those issues that are peripheral or

are not significant; or were covered by a prior environmental r eview;

d. Identify any environmental assessments and other EISs that a re being or will

be prepared that are related to, but are not part of, the scope of the DSEIS being

considered;

e. Identify other environmental review and consultation require ments related to

the proposed action;

f. Indicate the relationship between the timing of the preparat ion of the

environmental analyses and the Commission's tentative planning and decisionmaking

schedule;

g. Identify any cooperating agencies and, as appropriate, alloc ate assignments

for preparation and schedules for completing the DSEIS to the N RC and any

cooperating agencies; and

h. Describe how the DSEIS will be prepared, including any contr actor

assistance to be used.

The NRC invites the following entities to participate in scopin g:

a. The applicant, Duke Energy;
b. Any Federal agency that has jurisdiction by law or special e xpertise with

respect to any environmental impact involved or that is authori zed to develop and

enforce relevant environmental standards;

c. Affected State and local government agencies, including thos e authorized to

develop and enforce relevant environmental standards;

d. Any affected Indian Tribe;
e. Any person who requests or has requested an opportunity to p articipate in

the scoping process; and

f. Any person who has petitioned or intends to petition for lea ve to intervene.

Participation in the scoping process for the Oconee subsequent license renewal

DSEIS does not entitle participants to become parties to the pr oceeding to which the

DSEIS relates. Matters related to participation in any hearing are outside the scope of

matters to be discussed.

IV. Availability of Documents

The documents identified in the following table are available t o interested

persons through one or more of the following methods, as indica ted.

DOCUMENT DESCRIPTION ADAMS ACCESSION NO.

Subsequent License Renewal - Appendix E Environmental Report Supplement 2, dated ML22311A036 November 7, 2022 Oconee Nuclear Station, Units 1, 2, and 3, Application for Subsequent Renewed Operating ML21158A193 (package)

License, dated June 7, 2021 Commission Memorandum and Order CLI-22-02, dated February 24, 2022 ML22055A496 Commission Memorandum and Order CLI-22-03, dated February 24, 2022 ML22055A554 NUREG-1437, "Generic Environmental Impact ML13106A241, ML13106A242, Statement for License Renewal of Nuclear Plants and ML13106A244 Rev. 1 (June 2013), Vols. 1-3 NUREG-1437, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants," ML003670518 Supplement 2, Regarding Oconee Nuclear Station, Units 1, 2 & 3, dated December 1999

Dated: December 14, 2022.

For the Nuclear Regulatory Commission.

/RA/

John M. Moses, Deputy Director, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Materials, Safety and Safeguards.