ML23191A897
| ML23191A897 | |
| Person / Time | |
|---|---|
| Site: | 07200071 |
| Issue date: | 08/18/2023 |
| From: | Storage and Transportation Licensing Branch |
| To: | DTE Electric Company |
| Shared Package | |
| ML23191A896 | List: |
| References | |
| Download: ML23191A897 (8) | |
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 RELATED TO DTE ELECTRIC COMPANYS UPDATED DECOMMISSIONING FUNDING PLANS SUBMITTED IN ACCORDANCE WITH 10 CFR 72.30(c) FOR FERMI 2 INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NO. 72-71 LICENSE NO. SFGL-58 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.......................................................................5
5.0 CONCLUSION
AND FINDING OF NO SIGNIFICANT IMPACT........................................5
6.0 REFERENCES
...................................................................................................................6
1
1.0 INTRODUCTION
DTE Electric Company (DTE) submitted updated decommissioning funding plans (DFPs) for the years 2017, 2020, and 2023, to the U.S. Nuclear Regulatory Commission (NRC), for the NRCs review and approval. The NRC has prepared this 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 in the Federal Register (FR) amending its decommissioning planning regulations (76 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 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 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 (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 unremediated 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 submit 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 The Fermi 2 ISFSI is located on the site of Fermi, Unit 2, (Fermi 2) in Newport, Michigan. DTE is authorized by the NRC, under a general license (License No. SFGL-58), to store spent nuclear fuel at the Fermi 2 ISFSI. By letter dated July 2, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14183B584), DTE submitted the initial DFP for the ISFSI at Fermi 2 for NRCs review and approval. The NRC staff reviewed the initial DFP 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 submittal for Fermi 2 ISFSI and documented its findings in its letter dated April 7, 2021 (ML21068A071). In support of its approval of the initial 2014 DFP, by letter dated August 4, 2017 (ML17209A112), the NRC consulted with the Michigan Department of Environment, Great Lakes, and Energy regarding the DTEs initial 2014 DFP submittal for Fermi 2 ISFSI (ML14183B584), and issued an EA/FONSI on March 29, 2021 (ML21056A138) which was published in the Federal Register on April 5, 2021 (86 FR 17644).
By letters dated March 30, 2017 (ML17089A789), March 30, 2020 (ML20090H578), and March 30, 2023 (ML23089A081), DTE submitted updated DFPs for the ISFSI at Fermi 2 site for the NRCs review and approval. The NRC staff is reviewing the 2017, 2020, and 2023 triennial update DFP submittals.
In addition to preparing this EA and FONSI, the NRC staff is also conducting a financial review of DTEs 2017, 2020, and 2023 submittals to evaluate the information provided pursuant to 10 CFR 72.30(c) to determine whether DTE provided reasonable assurance that funds will be available to decommission the Fermi 2 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 DTEs updated DFPs submitted for the years 2017, 2020, and 2023, in accordance with 10 CFR 72.30(c). Specifically, the NRC must determine whether DTEs updated 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 ISFSI. In reviewing the 2017, 2020, and 2023 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 whether they meet the requirements of 10 CFR 72.30(c). The NRCs review considers whether DTE has accurately updated the information submitted with the updated DFPs and has specifically considered the effects of the following 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 DCE.
DTE 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 the updated DFPs. The scope of the proposed action concerns only the NRCs review and approval of DTEs 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 Fermi, Unit 2. Prior to license termination, DTE will need to decontaminate and decommission the ISFSI. As part of future decommissioning activities, DTE 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 DTEs 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 DTE will have sufficient funding to cover the costs of decommissioning the Fermi 2 ISFSI.
4 2.0 ENVIRONMENTAL IMPACT This EA addresses the environmental impact of the NRC staffs review and approval of DTEs updated DFPs for the years 2017, 2020, and 2023, 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),8 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 DTEs updated DFPs for the years 2017, 2020, and 2023 constitutes a Federal undertaking.9 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 DTEs 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 DTE 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 DTEs 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.
Under Section 7 of the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531 et seq.), prior to taking a proposed action, a Federal agency must determine whether: (1) endangered or threatened species or their critical habitats are known to be in the vicinity of the proposed action and if so, whether (2) the proposed Federal action may affect listed species or critical habitats.
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 threatened or endangered species or critical habitat. This determination is documented in a Note to File dated May 15, 2017 (ML17135A062). The NRCs review and approval of DTEs updated DFP for the years 2017, 2020, and 2023 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.
8 See 54 U.S.C. 30618.
9 See 36 CFR 800.16(y).
5 Future NRC approval of site-disturbing remediation activities conducted by DTE 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 DTEs 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 DTEs updated DFPs for the years 2017, 2020, and 2023 (i.e., the no-action alternative). The NRC, however, would then request DTE 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 resulting 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 Michigan Department of Environment, Great Lakes, and Energy (State) by letter dated June 8, 2023 (ML23132A319), on the updated DFPs. The State did not respond.
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 DTEs proposed DFPs for the years 2017, 2020, and 2023 will not significantly affect the quality of the human environment. The NRCs approval of the proposed DFPs does 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 finding of no significant impact 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.
6 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.
86 FR 17644. Federal Register Notice. Environmental Assessments and Findings of no Significant Impact of Independent Spent Fuel Storage Facilities Decommissioning Funding Plans. April 5, 2021.
NRC, 2003. U.S. Nuclear Regulatory Commission. 2003/08/31-NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs, Final Report. August 2003 (ML032540811).
NRC, 2009. U.S. Nuclear Regulatory Commission. Environmental Assessment for Final Rule:
Decommissioning Planning (10 CFR Parts 20, 30, 40, 50, 70, and 72; RIN 3150-AI55).
February 2009 (ML090500648).
NRC, 2017. U.S. Nuclear Regulatory Commission. ESA Section 7 No Effect Determination for ISFSI DFP Reviews (Note to File). May 15, 2017 (ML17135A062).
NRC, 2021. U.S. Nuclear Regulatory Commission. Final Environmental Assessment and Finding of No Significant Impact for DTE Electric Companys Initial Decommissioning Funding Plan Submitted in Accordance with 10 CFR 72.30(b) for Fermi 2 Independent Spent Fuel Storage Installation. March 29, 2021 (ML21056A139).
NRC, 2021. U.S. Nuclear Regulatory Commission. Analysis of DTE Electric Companys Initial Decommissioning Funding Plan for the Fermi-2 Independent Spent Fuel Storage Installation.
April 7, 2021 (ML21068A071).
NRC, 2023. U.S. Nuclear Regulatory Commission. Review of the Draft Environmental Assessment and Finding of No Significant Impact for Fermi 2 Independent Spent Fuel Storage Installation Updated Decommissioning Funding Plans. June 8, 2023 (ADAMS Package No.
DTE, 2014. DTE Electric Company. Fermi 2 ISFSI Decommissioning Funding Plan, July 2, 2014 (ML14183B584).
DTE, 2017. DTE Electric Company. Fermi 2 ISFSI Decommissioning Funding Plan Update, March 30, 2017 (ML17089A789).
DTE, 2020. DTE Electric Company. Fermi 2 ISFSI Decommissioning Funding Plan Update, March 30, 2020 (ML20090H578).
DTE, 2023. DTE Electric Company. Fermi 2 ISFSI Decommissioning Funding Plan Update, March 30, 2023 (ML23089A081).