ML23132A138
| ML23132A138 | |
| Person / Time | |
|---|---|
| Issue date: | 06/14/2023 |
| From: | Martinez N NRC/NMSS/DREFS/ELRB |
| To: | |
| References | |
| Download: ML23132A138 (10) | |
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National Historic Preservation Act (NHPA) Section 106 Considerations for Operating Reactors Nancy Martinez Environmental Scientist Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission June 14, 2023
Reactor License Renewal The Atomic Energy Act of 1954, as amended, authorizes the U.S. Nuclear Regulatory Commission (NRC) to issue 40-year initial licenses, and upon application and approval, renew licenses for nuclear power reactors.
The NRCs regulations limit these renewals to 20-year increments. Approval of a renewed license is based on the outcome of a safety and environmental review.
In accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, and the National Historic Preservation Act of 1966 (NHPA), as amended, historic and cultural resource impacts must be analyzed as part of NRCs environmental review of license renewal applications.
Requires Federal agencies to consider the potential effects of their actions on the affected human environment, which among others includes historic and cultural resources.
Historic and cultural resources include:
Archaeological sites Buildings and structures Landscapes, sacred sites, and other resources that are of religious and cultural importance to Indian Tribes Requires Federal agencies to take into account the effects of their undertakings on historic properties and consult with the appropriate parties as defined in 36 CFR 800.2 A historic property is any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in the National Register of Historic Places (NRHP). Typically, a historic property is at least 50 years old.
NEPA NHPA Section 106 NRCs practice is to fulfill the requirements of NHPA Section 106 through the NEPA review process. Section 106 consultation is the responsibility of the NRC.
Step 1: Initiate the process Step 2: Identify historic properties Step 3: Assess adverse effects Step 4: Resolve Adverse Effects Determine undertaking Coordinate with other reviews Identify state/tribal historic preservation officer (SHPO/THPO),
Indian Tribes/Native Hawaiian organizations (NHOs), and other parties Plan to involve the public Determine area of potential effect (APE) and scope of effort Make reasonable and good faith effort to identify Determine National Register eligibility Consult SHPO/THPO, Indian tribes/NHOs, and other parties Involve the public Apply criteria of adverse effects Consult SHPO/THPO, Indian tribes/NHOs, and other parties Involve the public Develop and consider alternatives or modifications to avoid, minimize, or mitigate adverse effects Notify the Advisory Council on Historic Preservation Consult SHPO/THPO, Indian tribes/NHOs, and other parties Involve the public Section 106 Four Step Process
Historic and Cultural Resources at Power Plant Sites Nuclear power plant sites tend to be located in areas of focused past human activities (along waterways) thus there is a potential for historic and cultural resources to be present.
A review of completed renewals has shown that there are a variety of historic and cultural resources that exist at nuclear power plant sites (mainly archaeological).
Most license renewals are granted for a period of 20 years, so it is possible for the nuclear facility itself to meet the 50-year threshold for inclusion during the license renewal period.
Nuclear Power Plant: A Potential Historic Property
- Of the existing 92 operating reactors:
15 reactors are currently 50 years old or older*
In 5 years, 40 reactors will be 50 years old or older*
In 10 years, 53 reactors will be 50 years old or older*
- An architectural resource investigation may be necessary to support Section 106 consultation as part of license renewal.
- calculated from date of operating license issuance
Criteria for Evaluation (36 CFR 60.4)
Generally, are at least 50 years of age and retain integrity, and meet one of the following categories:
- Criteria a: Associated with events that have made a significant contribution to broad patterns of our history; or
- Criteria b: Associated with the lives of persons significant in our past; or
- Criteria c: Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or
- Criteria d: Has yielded, or is likely to yield, information important to prehistory and history.
Point Beach Nuclear Plant, Units 1 and 2 In 2021, as part of NHPA Section 106 consultation for the subsequent license renewal application, an architectural survey was commissioned by NextEra.
The architectural survey concluded that Point Beach was not eligible for inclusion in the NRHP.
Wisconsin State Historic Preservation Office concurred that no properties eligible for inclusion in the NRHP were encountered as part of the architectural survey.
Oconee Nuclear Station In 2021, as part of NHPA Section 106 consultation for the subsequent license renewal application, Duke Energy commissioned an architectural survey.
Architectural survey recommended Oconee Nuclear Station, with multiple contributing resources, as eligible for listing in the NRHP.
South Carolina State Historic Preservation Office concurred on the findings of the report.
Summary For license renewal, an archaeological and architectural resource survey should be conducted within the area of potential effect.
Resources within the 50-year threshold would then be evaluated for NRHP eligibility per 36 CFR 60.4.
In some cases, archaeological and architectural resource investigations may need to be re-evaluated to meet current standards or as a result of new and additional information.