ML22353A116
| ML22353A116 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 01/27/2023 |
| From: | Storage and Transportation Licensing Branch |
| To: | Division of Fuel Management |
| Shared Package | |
| ML22353A114 | List: |
| References | |
| EPID L-2017-FPR-0040 | |
| Download: ML22353A116 (10) | |
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 MAINE YANKEE ATOMIC POWER COMPANYS UPDATED DECOMMISSIONING FUNDING PLANS SUBMITTED IN ACCORDANCE WITH 10 CFR 72.30(c) FOR MAINE YANKEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NO. 72-30 LICENSE NO. SFGL-14 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
1.0 INTRODUCTION
Maine Yankee Atomic Power Company (Maine Yankee) submitted decommissioning funding plans (DFPs) for the years 2018 and 2021, to the U.S. Nuclear Regulatory Commission (NRC),
for the NRCs review and approval. The NRC has prepared this draft 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,1 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)2 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.3 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.4 An essential element of decommissioning is ensuring that licensees 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 1 42 U.S.C. 4321 et seq.
2 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).
3 10 CFR 72.3 (definition of Independent spent fuel storage installation or ISFSI).
4 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 resulting from activities under the licensees control (10 CFR 20.1003, definition of residual radioactivity).
2 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. 5 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.6 In 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.7 5 10 CFR 72.30(b)(1)-(6).
6 10 CFR 72.30(c)(1)-(4).
7 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.
3 The Maine Yankee ISFSI is located on the site of Maine Yankee in Wiscasset, Maine.8 Maine Yankee is authorized by the NRC, under a general license (License No. SFGL-14), to store spent nuclear fuel at the Maine Yankee ISFSI. By letter dated January 8, 2013 (ADAMS Accession No. ML13045A487), Maine Yankee submitted an initial DFP for the Maine Yankee ISFSI to the NRC for review and approval. By letter dated December 16, 2015 (ADAMS Accession No. ML16015A050), Maine Yankee submitted an updated DFP for the Maine Yankee ISFSI to the NRC staff for review and approval. The NRC staff reviewed these DFP submittals, i.e., the initial and the triennial update, and documented its findings in its letter dated May 24, 2019 (ADAMS Accession No. ML19148A416). In support of its approvals of the initial and the 2015 DFPs, the NRC issued an EA/FONSI on May 3, 2019 (ADAMS Accession No. ML19126A115), which was published in the Federal Register on May 21, 2019 (84 FR 23072).
By letters dated December 10, 2018 (ADAMS Accession No. ML18354A736), and December 10, 2021 (ADAMS Accession No. ML21362A159), as supplemented by letter dated July 28, 2022 (ADAMS Accession No. ML22216A068), Maine Yankee submitted updated DFPs for the ISFSI at Maine Yankee site for the NRCs review and approval.
In addition to preparing this EA and FONSI, the NRC staff is also conducting a financial review of Maine Yankees 2018 and 2021 submittals to evaluate the information provided pursuant to 10 CFR 72.30(c) to determine whether Maine Yankee provided reasonable assurance that funds will be available to decommission the Maine Yankee 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 Maine Yankees updated DFPs submitted for the years 2018 and 2021, in accordance with 10 CFR 72.30(c). Specifically, the NRC must determine whether Maine Yankees updated DFPs contain the information required by 10 CFR 72.30(c) and whether Maine Yankee has provided reasonable assurance that funds will be available to decommission the ISFSI. In reviewing the 2018 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 Maine Yankee 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.
Maine Yankee 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 Maine Yankees 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 Maine Yankee. Prior to license termination, Maine Yankee will need to decontaminate and 8 Maine Yankee was successfully decommissioned between 1997 and 2005. During decommissioning all spent fuel assemblies were transferred from the spent fuel pool to 60 spent fuel storage casks. In addition, 4 greater-than-Class C (GTCC) casks containing segmented sections of the reactor internals are stored on the spent fuel storage pad. The ISFSI is operated under a 10 CFR Part 50 General License.
4 decommission the ISFSI. As part of future decommissioning activities, Maine Yankee 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 Maine Yankees 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 Maine Yankee will have sufficient funding to cover the costs of decommissioning the ISFSI.
2.0 ENVIRONMENTAL IMPACT This EA addresses the environmental impact of the NRC staffs review and approval of Maine Yankees updated DFPs for the years 2018 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),9 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 NRC staffs review and approval of Maine Yankees updated DFPs for the years 2018 and 2021 constitutes a Federal undertaking.10 The NRC staff, however, 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 NRC staffs review and approval of Maine Yankees 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 review and 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 Maine Yankee would require an NRC environmental review, including a Section 106 review. This environmental review would be conducted as part of the NRCs review and approval of Maine Yankees 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.
9 See 54 U.S.C. 30618.
10 See 36 CFR 800.16(y).
5 Under Section 7 of the Endangered Species Act (ESA) of 1973,11 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 determined that the proposed action will have no effect on listed species or their critical habitats because the NRC staffs review and approval of Maine Yankees updated DFP for the years 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 Maine Yankee would require an additional NRC environmental review, including both an ESA and NHPA assessment.
These environmental reviews would be conducted as part of the NRCs review and approval of Maine Yankees 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 Maine Yankees updated DFPs for the years 2017, 2019, and 2021 (i.e., the no-action alternative). The NRC, however, would then request Maine Yankee 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 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 State of Maines Division of Environmental Health, Radiation Control Program (State), by letter dated November 3, 2022 (ADAMS Accession No. ML22290A223) on the updated DFPs. The State did not respond.
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).
11 See 16 U.S.C. 1531 et seq.
6
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 Maine Yankees proposed DFPs for the years 2017, 2019 and 2021 will not significantly affect the quality of the human environment. The NRCs review and approval of the proposed DFPs do 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, you can access ADAMS, which provides text and image files of NRCs public documents. The ADAMS accession numbers for the documents are provided in this section.
If you do not have access to ADAMS or if there are problems in accessing ADAMS, contact the NRCs public document room staff 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.
84 FR 23072. Federal Register Notice. Environmental Assessment and Finding of No Significant Impact of Independent Spent Fuel Storage Facilities Decommissioning Funding Plans. May 21, 2019.
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.
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, 2019. U.S. Nuclear Regulatory Commission. Nuclear Regulatory Commissions Analysis of Maine Yankee Atomic Power Companys Initial and Updated Decommissioning Funding Plans for the Maine Yankee Independent Spent Fuel Storage Installation. May 24, 2019.
ADAMS Accession No. ML19148A416.
NRC, 2022. U.S. Nuclear Regulatory Commission. Review of the Draft Environmental Assessment and Finding of No Significant Impact for Maine Yankee Atomic Power Company Independent Spent Fuel Storage Installation Decommissioning Funding Plans. November 3, 2022. ADAMS Accession No. ML22290A223.
7 Maine Yankee, 2013. Maine Yankee Atomic Power Company. Revised Independent Spent Fuel Storage Installation Decommissioning Funding Plan. January 8, 2013. ADAMS Accession No. ML130460347.
Maine Yankee, 2015. Maine Yankee Atomic Power Company. Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan. December 14, 2015. ADAMS Accession No. ML16020A016.
Maine Yankee, 2018. Maine Yankee Atomic Power Company. Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan. December 10, 2018. ADAMS Accession No. ML18354A736.
Maine Yankee, 2021. Maine Yankee Atomic Power Company. Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan. December 10, 2021. ADAMS Accession No. ML21362A159.
Maine Yankee, 2022. Maine Yankee Atomic Power Company. Supplemental Information for the Three-Year Update to the Independent Spent Fuel Storage Installation Decommissioning Funding Plan. July 28, 2022. ADAMS Accession No. ML22216A068.
ML22353A114; ML22353A116 OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NAME TLiu WWheatley YDiaz-Sanabria TLiu DATE Dec 19, 2022 Dec 21, 2022 Jan 26, 2023 Jan 26, 2023