ML23132A319

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Cover Letter to State of Mi on Draft EA Regarding Fermi 2 ISFSI Updated Decommissioning Funding Plans
ML23132A319
Person / Time
Site: 07200071
Issue date: 06/08/2023
From: Yoira Diaz-Sanabria
Storage and Transportation Licensing Branch
To: Wentworth T
State of MI, Dept of Environment, Great Lakes, & Energy
Shared Package
ML23132A317 List:
References
EPID L-2017FPR-0025
Download: ML23132A319 (3)


Text

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 8, 2023 Theodore R. (T.R.) Wentworth II Manager Radiological Protection Section Materials Management Division Michigan Department of Environment, Great Lakes, and Energy P.O. Box 30241 Lansing, MI 48909-7741

SUBJECT:

REVIEW OF THE DRAFT ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR FERMI 2 INDEPENDENT SPENT FUEL STORAGE INSTALLATION UPDATED DECOMMISSIONING FUNDING PLANS

Dear T.R. Wentworth II:

By letters dated March 30, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17089A789), March 30, 2020 (ML20090H578), and March 30, 2023 (ML23089A081), DTE Electric Company (DTE) submitted updated decommissioning funding plans (DFPs) for the independent spent fuel storage installation (ISFSI) at Fermi, Unit 2, (Fermi 2), located in Newport, Michigan, for U.S. Nuclear Regulatory Commission (NRC) staff review and approval. The NRC staff is currently reviewing these updated DFPs submitted by DTE.

Previously, by letter dated August 4, 2017 (ML17209A112), the NRC consulted with the Michigan Department of Environment, Great Lakes, and Energy (State) regarding the DTEs initial 2014 DFP submittal for Fermi 2 ISFSI (ML14183B584). The NRC staff noted that the State did not advise any substantive 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 MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION T.R. Wentworth II 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 DTE.

Specifically, the NRC must determine whether Fermi 2 DFPs contain the information required by 10 CFR 72.30(c), and whether DTE has provided reasonable assurance that funds will be available to decommission the Fermi 2 ISFSI.

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 the Fermi 2 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 06/08/23 Yoira K. Diaz-Sanabria, Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-71 License No.: SFGL-58 EPID No.: L-2017-FPR-0025

Enclosure:

Draft EA for Fermi 2 ISFSI PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION

ML23132A317(pkg), ML23132A319(ltr), ML23132A318 (encl)

OFFICE DFM/STLB:PM DFM/STLB:LA OGC (NLO) NMSS/DFM/STLB:BC NAME TLiu WWheatley KBernstein YDiaz-Sanabria DATE 5/16/2023 6/01/2023 5/30/2023 6/08/2023