ML23116A133

Cover Letter to State of AL on Draft EA Regarding Farley ISFSI Updated DFP

ML23116A133
Person / Time
Site:	07200042
Issue date:	05/18/2023
From:	Yoira Diaz-Sanabria Storage and Transportation Licensing Branch
To:	Smitherman J State of AL, Emergency Management Agency
Shared Package
ML23116A132	List: ML23116A133
References
EPID L-2017-FPR-0024
Download: ML23116A133 (3)

Text

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE ALABAMA EMERGENCY MANAGEMENT AGENCY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 18, 2023 Jeff Smitherman, Acting Director Office of Radiation Control Alabama Emergency Management Agency P.O. Drawer 2160 Clanton, AL 35046-2160

SUBJECT:

REVIEW OF THE DRAFT ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2, INDEPENDENT SPENT FUEL STORAGE INSTALLATION UPDATED DECOMMISSIONING FUNDING PLANS

Dear Jeff Smitherman:

By letters dated March 30, 2017 (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML17089A520), March 31, 2020 (ML20091K821), and March 29, 2023 (ML23088A173), Southern Nuclear Operating Company (SNC) submitted updated decommissioning funding plans (DFPs) for the Joseph M. Farley Nuclear Plant, Units 1 and 2, (Farley) Independent Spent Fuel Storage Installation (ISFSI) located in Columbia, Alabama, for U.S. Nuclear Regulatory Commission (NRC) staff review and approval. The NRC staff is currently reviewing these updated DFPs submitted by SNC.

Previously, by letter dated March 9, 2021 (ML21057A252), the NRC consulted with the Alabama Emergency Management Agency (State) regarding the SNCs initial 2014 DFP submittal for Farley ISFSI (ML14091A008). The NRC staff noted that the State did not advise comments.

The NRC regulations at Title 10 of the Code of Federal Regulations (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) 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 ISFSI.

The NRC requires its licensees to plan for the eventual decommissioning of their licensed facilities prior to license termination. 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 NRC regulation, 10 CFR 72.30, which concerns financial assurance and Upon removal of the enclosure, this document is decontrolled.

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE ALABAMA EMERGENCY MANAGEMENT AGENCY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

J. Smitherman 2 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. The purpose of the DFP is to demonstrate the licensees financial assurance (i.e., that funds will be available to decommission the ISFSI). The NRC staff is reviewing the information submitted by SNC.

Specifically, the NRC must determine whether SNC DFPs contain the information required by 10 CFR 72.30(c), and whether SNC has provided reasonable assurance that funds will be available to decommission the Farley ISFSIs.

In accordance with 10 CFR Part 51, which contains the NRC regulations that implement the National Environmental Policy Act of 1969, as amended, the agency has prepared a separate draft environmental assessment (EA) for Farley ISFSI for the proposed action (enclosed). We are providing your office with the opportunity to review the draft EA and comment on environmental issues prior to the public issuance and publication of the EA. We request that distribution and use of the enclosed draft EA be limited only to those staff involved in the review and comment process.

Please submit any comments within 30 days from the date of this letter to the U.S. Nuclear Regulatory Commission, Document Control Desk, ATTN: Yoira Diaz-Sanabria, Mail Stop:

TWFN 4B34, U.S. Nuclear Regulatory Commission, Washington, DC 20555. If you have any questions, please contact Tilda Liu of my staff by telephone at 404-997-4730, or by email at Tilda.Liu@nrc.gov. The NRC staff will consider your timely comments and will revise the EA, as appropriate, before its final issuance and publication. Thank you for your assistance.

Sincerely, Signed by Diaz-Sanabria, Yoira on 05/18/23 Yoira K. Diaz-Sanabria, Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-42 License No.: SFGL-25 EPID No.: L-2017-FPR-0024

Enclosure:

Draft EA for Farley ISFSI

ML23116A132 (pkg); ML23116A133 (ltr); ML23116A134 (enc)

OFFICE DFM/STLB:PM DFM/STLB:LA OGC (draft EA) NMSS/DFM/STLB:BC NAME TLiu WWheatley KBernstein YDiaz-Sanabria DATE 4/28/2023 5/16/2023 5/11/2023 5/18/2023