ML23341A166
| ML23341A166 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 12/19/2023 |
| From: | Shaun Anderson Reactor Decommissioning Branch |
| To: | |
| References | |
| NRC-2023-0200, EPID L-2022-LLE-0024 | |
| Download: ML23341A166 (13) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-255; NRC-2023-0200]
Environmental Assessment and Finding of No Significant Impact; Holtec
Decommissioning International, LLC,
and Holtec Palisades, LLC
Palisades Nuclear Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of
exemptions that would permit the licensee to reduce its emergency planning (EP)
activities at the Palisades Nuclear Plant (Palisades). Specifically, Holtec
Decommissioning International, LLC (HDI), one of the licensees of Palisades and an
indirect wholly owned subsidiary of Holtec International (Holtec), requested an
exemption on behalf of Holtec Palisades, LLC, the other Palisades licensee (hereinafter
collectively referred to as the licensee) that would eliminate the requirements to maintain
formal offsite radiological emergency plans, as well as reduce the scope of some of the
onsite EP activities based on the reduced risks at Palisades, based on the submission of
certifications for permanent cessation of operations and permanent removal of fuel from
the reactor vessel at Palisades. However, requirements for an onsite radiological
emergency plan and for certain onsite capabilities to communicate and coordinate with
offsite response authorities would be retained. In addition, offsite EP provisions would still
exist through State and local government use of a comprehensive emergency
management plan process, in accordance with the Federal Emergency Management
Agencys (FEMAs) Comprehensive Preparedness Guide (CPG) 101, Developing and Maintaining Emergency Operations Plans. The NRC staff is issuing an environmental
assessment (EA) and a finding of no significant impact (FONSI) associated with the
proposed exemptions.
DATES: The EA and FONSI referenced in this document are available on December 22,
2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0200 when contacting the NRC
about the availability of information regarding this document. You may obtain publicly
available information related to this document using any of the following methods:
- Federal rulemaking website: Go to https://www.regulations.gov and search
for Docket ID NRC-2023-0200. Address questions about Docket IDs in Regulations.gov
to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For
technical questions, contact the individual listed in the For Further Information Contact
section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the
reader, instructions about obtaining materials referenced in this document are provided
in the Availability of Documents section of this document.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tanya E. Hood, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-1387; email: Tanya.Hood@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letters dated September 28, 2017, and October 19, 2017, in accordance with
sections 50.4(b)(8) and 50.82(a)(1)(i) of title 10 of the Code of Federal Regulations
(10 CFR) part 50, Domestic Licensing of Production and Utilization Facilities, Entergy
Nuclear Operations, Inc. (ENOI), which was the licensee at that time, notified the NRC
that it had decided to permanently cease power operations at Palisades by
May 31, 2022.
Pursuant to 10 CFR 50.82(a)(1)(ii), by letter dated June 13, 2022, ENOI certified
to the NRC that the fuel had been permanently removed from the Palisades reactor
vessel and placed in the spent fuel pool (SFP). Upon the docketing of these
certifications, in accordance with 10 CFR 50.82(a)(2), the Palisades license no longer
authorizes operation of the reactor or emplacement or retention of fuel into the reactor
vessel. The spent fuel from Palisades is stored in the SFP and in dry cask storage at the
onsite independent spent fuel storage installation, where it will remain until it is shipped
offsite.
By Order dated December 13, 2021, the NRC approved a transfer of the
Palisades license from ENOI and Entergy Nuclear Palisades, LLC, to Holtec and HDI.
This transfer was executed on June 28, 2022, such that HDI and Holtec Palisades, LLC
became the licensees for Palisades. To address the upcoming transition from an
operating plant to a permanently defueled facility, by letter dated September 24, 2018,
the NRC issued an amendment authorizing ENOI to adopt a post-shutdown emergency
plan (PSEP) and approving changes to the Palisades emergency plan to support the planned permanent cessation of operations and permanent removal of fuel from the
reactor vessel. Upon implementation of the PSEP on June 15, 2022, the Palisades
emergency response organization on-shift and augmented staffing requirements were
revised commensurate with the reduced spectrum of credible accidents for a
permanently shut down and defueled nuclear power reactor facility.
By letter dated July 11, 2022, the licensee requested exemptions from specific
portions of 10 CFR 50.47, Emergency plans, and appendix E, Emergency Planning
and Preparedness for Production and Utilization Facilities, to 10 CFR part 50 for the
Palisades license. More specifically, HDI requested exemptions from certain planning
standards in 10 CFR 50.47(b) regarding onsite and offsite radiological emergency
preparedness (REP) plans for nuclear power reactors; from certain requirements in
10 CFR 50.47(c)(2) for establishment of plume exposure pathway and ingestion pathway
emergency planning zones (EPZs) for nuclear power reactors; and from certain
requirements in 10 CFR part 50, appendix E, section IV, Content of Emergency Plans.
HDIs requested exemptions would eliminate the NRC requirements to maintain
formal offsite REP plans in accordance with 44 CFR, Emergency Management and
Assistance, part 350, Review and Approval of State and Local Radiological Emergency
Plans and Preparedness, and would reduce the scope of the onsite EP activities at
Palisades. The request by HDI is based on the reduced risks of an offsite radiological
release at Palisades after permanent cessation of power operations and when all spent
fuel has decayed for at least 12 months. The exemptions would maintain the
requirements for an onsite radiological emergency plan and would continue to ensure
the capability to communicate and coordinate with offsite response authorities. These
exemptions will terminate if the status of the Palisades reactor changes such that the
certifications of permanent cessation of operations and permanent removal of fuel from
the reactor vessel are no longer applicable and the facility would be required to come into compliance with all applicable NRC regulations.
The EP requirements of 10 CFR 50.47 and appendix E to 10 CFR part 50 do not
distinguish between operating reactors and those that have ceased operations and
defueled. As such, a permanently shut down and defueled reactor must continue to
maintain the same EP requirements as an operating power reactor under the existing
regulatory requirements. To establish a level of EP commensurate with the reduced risks
of a permanently shut down and defueled reactor, the licensee must seek exemptions
from certain EP regulatory requirements before it can change its emergency plans.
The NRC is therefore considering issuing to the licensee the proposed
exemptions from portions of 10 CFR 50.47 and appendix E to 10 CFR part 50, which
would eliminate the requirements for the licensee to maintain offsite radiological
emergency plans and reduce some of the onsite EP activities based on the reduced
radiological risks as Palisades has permanently ceased power operations and all spent
fuel has decayed for more than 12 months.
Consistent with 10 CFR 51.21, Criteria for and identification of licensing and
regulatory actions requiring environmental assessments, the NRC has determined that
an EA is the appropriate form of environmental review for the requested action. Based
on the results of the EA, which is provided in Section II of this document, the NRC has
determined not to prepare an environmental impact statement for the proposed action
and is issuing a FONSI.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would exempt the licensee from: (1) certain standards as
set forth in 10 CFR 50.47(b) regarding onsite and offsite emergency response plans for
nuclear power reactors; (2) requirements in 10 CFR 50.47(c)(2) to establish plume
exposure and ingestion pathway EPZs for nuclear power reactors; and (3) certain requirements in 10 CFR part 50, appendix E, section IV, which establishes the elements
that make up the content of emergency plans. The proposed action of granting these
exemptions would eliminate the NRC requirements for the licensee to maintain offsite
radiological emergency plans in accordance with 44 CFR part 50 and reduce some of
the onsite EP activities at Palisades. However, requirements for certain onsite
capabilities to communicate and coordinate with offsite response authorities would be
retained.
Additionally, if necessary, offsite protective actions could still be implemented
using a comprehensive emergency management plan (CEMP) process. A CEMP in this
context, also referred to as an emergency operations plan, is addressed in FEMAs
CPG 101. The CPG 101 is the foundation for State, territorial, Tribal, and local EP in the
United States under the National Preparedness System. It promotes a common
understanding of the fundamentals of risk-informed planning and decision making and
assists planners at all levels of government in their efforts to develop and maintain
viable, all-hazards, all-threats emergency plans. A CEMP is flexible enough for use in all
emergencies. It describes how people and property will be protected; details who is
responsible for carrying out specific actions; identifies the personnel, equipment,
facilities, supplies, and other resources available; and outlines how all actions will be
coordinated. A CEMP is often referred to as a synonym for all-hazards planning. The
proposed action is in accordance with the previously noted discussion in this notice and
the licensees exemption request dated July 11, 2022.
Need for the Proposed Action
The proposed action is needed for the licensee to revise the Palisades PSEP.
Since the certifications for permanent cessation of operations and permanent removal of
fuel from the reactor vessel have been docketed, pursuant to 10 CFR 50.82(a)(2), the
Palisades license no longer authorizes use of the facility for power operation or emplacement or retention of fuel into the reactor vessel and, therefore, the occurrence of
postulated accidents associated with Palisades reactor operation is no longer credible.
As the EP requirements do not distinguish between operating reactors and a power
reactor that has been permanently shut down and defueled, the licensee requests an
exemption from certain EP requirements commensurate with the radiological risks at the
site.
In its exemption request, the licensee identified four possible design-basis
accidents (DBAs) at Palisades in its permanently shut down and defueled condition.
These are: (1) a fuel handling accident in the reactor cavity; (2) an accidental release of
waste gas; (3) an accidental release of waste liquid; and (4) a postulated cask drop
accident. The licensee also considered the consequences of a beyond DBA involving a
complete loss of SFP water inventory and no accompanying heat loss (i.e., adiabatic
heat up). The NRC staff evaluated these possible radiological accidents, as well as the
associated analyses provided by the licensee, in the Commission Paper (SECY) 0043, Request by Holtec Decommissioning International, LLC for Exemptions from
Certain EP Requirements for Palisades Nuclear Plant, dated May 15, 2023.
In SECY-23-0043, the NRC staff verified that the licensees analyses and
calculations provided reasonable assurance that if the requested exemptions were
granted, then: (1) for a DBA, an offsite radiological release will not exceed the U.S.
Environmental Protection Agencys (EPA) early phase Protective Action Guides (PAGs)
at the exclusion area boundary (EAB), as detailed in Table 1-1, Summary Table for
PAGs, Guidelines, and Planning Guidance for Radiological Incidents, to the EPAs
PAG Manual: Protective Action Guides and Planning Guidance for Radiological
Incidents, EPA-400/R-17/001, dated January 2017; (2) in the highly unlikely event of a
beyond DBA resulting in a loss of all SFP cooling, there is sufficient time to initiate
appropriate mitigating actions; and (3) in the event a radiological release has or is projected to occur, there would be sufficient time for offsite agencies to take protective
actions using a CEMP to protect the health and safety of the public if offsite
governmental officials determine that such action is warranted. The Commission
approved the NRC staffs recommendation to grant the exemptions based on this
evaluation in its Staff Requirements Memorandum to SECY-23-0043, dated
December 7, 2023.
Based on the licensees analyses related to the reduced radiological risks, the
licensee states that complete application of the EP regulations to Palisades 12 months
after permanent cessation of power operations would not serve the underlying purpose
of the regulations and is not necessary to achieve the underlying purpose of the
regulations. The licensee also states that it would incur undue costs in the application of
operating plant EP requirements for the maintenance of an emergency response
organization in excess of that actually needed to respond to the diminished scope of
credible accidents for Palisades 12 months after its permanent cessation of power
operations.
Environmental Impacts of the Proposed Action
The NRC staff has completed its evaluation of the environmental impacts of the
proposed action.
The proposed action consists mainly of changes related to the elimination of
NRC requirements for the licensee to maintain offsite radiological emergency plans in
accordance with 44 CFR part 350 and reduce some of the onsite EP activities at
Palisades, based on the reduced risks once the reactor has been permanently shut
down for a period of 12 months. However, requirements for certain onsite capabilities to
communicate and coordinate with offsite response authorities will be retained and offsite
EP provisions to protect public health and safety will still exist through State and local
government use of a CEMP.
With regard to potential nonradiological environmental impacts, the proposed
action would have no direct impacts on land use or water resources, including terrestrial
and aquatic biota, as it involves no new construction, land disturbance, or modification of
plant operational systems. There would be no changes to the quality or quantity of
nonradiological effluents and no changes to the plants National Pollutant Discharge
Elimination System permits would be needed. In addition, there would be no noticeable
effect on socioeconomic conditions in the region, no environmental justice impacts, no
air quality impacts, and no impacts to historic and cultural resources from the proposed
action. Therefore, there are no significant nonradiological environmental impacts
associated with the proposed action.
With regard to potential radiological environmental impacts, the proposed action
would not significantly increase the probability or consequences of radiological
accidents. Additionally, the NRC staff has concluded that the proposed action would
have no direct radiological environmental impacts. There would be no change to the
types or amounts of radioactive effluents that may be released and, therefore, no
change in occupational or public radiation exposure from the proposed action. Moreover,
no changes would be made to plant buildings or the site property from the proposed
action. For these reasons, there are no significant radiological environmental impacts
associated with the proposed action.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff considered the denial of
the proposed action (i.e., the no-action alternative). The denial of the application would
result in no change in current environmental impacts. Therefore, the environmental
impacts of the proposed action and the alternative action are similar.
Alternative Use of Resources
The proposed action does not involve the use of any different resources than
those previously considered in the Generic Environmental Impact Statement for License
Renewal of Nuclear Plants: Regarding Palisades Nuclear Plant - Final Report,
NUREG-1437, Supplement 27, dated October 2006.
Agencies or Persons Consulted
No additional agencies or persons were consulted regarding the environmental
impact of the proposed action. On September 21, 2023, the State of Michigan
representative was notified of this EA and FONSI.
III. Finding of No Significant Impact
The licensee has proposed exemptions from: (1) certain standards in
10 CFR 50.47(b) regarding onsite and offsite emergency response plans for nuclear
power reactors; (2) the requirements in 10 CFR 50.47(c)(2) to establish plume exposure
and ingestion pathway EPZs for nuclear power reactors; and (3) certain requirements in
10 CFR part 50, appendix E, section IV, which establishes the elements that make up the
content of emergency plans. The proposed action of granting these exemptions would
eliminate the NRC requirements for the licensee to maintain offsite radiological emergency
plans in accordance with 44 CFR part 350 and reduce some of the onsite EP activities at
Palisades, based on the reduced risks once the reactor has been permanently shut down
for a period of 12 months. However, requirements for certain onsite capabilities to
communicate and coordinate with offsite response authorities will be retained and offsite
EP provisions to protect public health and safety will still exist through State and local
government use of a CEMP.
The NRC is considering issuing the exemptions. The proposed action would not
significantly affect plant safety, would not have a significant adverse effect on the
probability of an accident occurring, and would not have any significant radiological or nonradiological impacts. This FONSI is a final finding and incorporates by reference the
EA in Section II of this document. Therefore, the NRC concludes that the proposed
action will not have a significant effect on the quality of the human environment.
Accordingly, the NRC has determined not to prepare an environmental impact statement
for the proposed action.
IV. Availability of Documents
The documents identified in the following table are available to interested
persons through one or more of the following methods, as indicated.
Document Description ADAMS Accession No. / Weblink Federal Emergency Management Agency, https://www.fema.gov/media-library-Developing and Maintaining Emergency data/20130726-1828-25045-Operations Plans, Comprehensive 0014/cpg_101_comprehensive_prepar Preparedness Guide (CPG) 101, Version 2.0, edness_guide_developing_and_mainta November 2010. ining_emergency_operations_plans_20 10.pdf Letter from Entergy Nuclear Operations, Inc. to ML17271A233 U.S. Nuclear Regulatory Commission, Certification of Permanent Cessation of Power Operations, Palisades Nuclear Plant, Docket No. 50-255, dated September 28, 2017.
Letter from Entergy Nuclear Operations, Inc. to ML17292A032 U.S. Nuclear Regulatory Commission, Supplement to Certification of Permanent Cessation of Power Operations, Palisades Nuclear Plant, Docket No. 50-255, dated October 19, 2017.
Letter from Entergy Nuclear Operations, Inc. to ML22164A067 U.S. Nuclear Regulatory Commission, Certifications of Permanent Cessation of Power Operations and Permanent Removal of Fuel from the Reactor Vessel, dated June 13, 2022.
Letter from U.S. Nuclear Regulatory ML21292A155 (Package)
Commission to Entergy Nuclear Operations, Inc., Palisades Nuclear Plant and Big Rock Point Plant - Order Approving Transfer of Licenses and Draft Conforming Administrative License Amendments (EPID L-2020-LLM-0003), dated December 13, 2021.
Email from Entergy Nuclear Operations, Inc. to ML22179A075 U.S. Nuclear Regulatory Commission, Notification of Palisades and Big Rock Point License Transfer (EPIDs L-2022-LLM-0002 and L-2020-LLM-0003), dated June 28, 2022.
Letter from U.S. Nuclear Regulatory ML18170A219 Commission to Entergy Nuclear Operations, Inc., Palisades Nuclear Plant - Issuance of Amendment Re: Changes to the Emergency Plan for Permanently Defueled Condition (CAC No. MG0198; EPID L-2017-LLA-0305), dated September 24, 2018.
Letter from Holtec Decommissioning ML22192A134 International, LLC, to U.S. Nuclear Regulatory Commission, Request for Exemptions from Certain Emergency Planning Requirements of 10 CFR 50.47; 10 CFR 50.47(c)(2); and 10 CFR part 50, appendix E, dated July 11, 2022.
SECY-23-0043, Request by Holtec ML23054A179 (Package)
Decommissioning International, LLC for Exemptions from Certain EP Requirements for Palisades Nuclear Plant, dated May 15, 2023.
U.S. Environmental Protection Agency (EPA), ML17044A073 EPA-400/R-17/001, PAG Manual: Protective Action Guides and Planning Guidance for Radiological Incidents, January 2017.
Staff Requirements Memorandum to SECY ML23341A181 0043, Request by Holtec Decommissioning International, LLC for Exemptions from Certain EP Requirements for Palisades Nuclear Plant, dated December 7, 2023.
NUREG-1437, Supplement 27, Generic ML062710300 Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Palisades Nuclear Plant - Final Report, dated October 2006.
Dated: December 19, 2023.
For the Nuclear Regulatory Commission.
/RA/
Shaun M. Anderson, Chief, Reactor Decommissioning Branch, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards.
ML23341A166; ML23341A166 OFFICE NMSS/DUWP/RDB OGC/GCRPS
/HLWFCNS/NLO NAME SAnderson SA ACoggins AC DATE Dec 15, 2023 Dec 15, 2023