ML23360A183
| ML23360A183 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 01/23/2024 |
| From: | Sturzebecher K Reactor Decommissioning Branch |
| To: | Kewaunee Solutions |
| References | |
| NRC-2024-0023 | |
| Download: ML23360A183 (11) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-305; NRC-2024-0023]
Kewaunee Solutions, Inc.;
Kewaunee Power Station;
Environmental Assessment and Finding of No Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of
an exemption in response to the March 29, 2023, request from Kewaunee Solutions,
Inc., (KS) Kewaunee Power Station (KPS), located in Kewaunee County, Wisconsin.
The exemption would permit KS to use funds from the KPS nuclear decommissioning
trust (NDT) for the management of site restoration activities and allow trust
disbursements for site restoration activities to be made without prior notice to the NRC.
The NRC staff is issuing an environmental assessment (EA) and finding of no significant
impact (FONSI) associated with the proposed exemption.
DATES: The EA and FONSI referenced in this document are available on January 25,
2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0023 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-2024-0023. 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.
- 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, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Karl Sturzebecher, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-8534, email: Karl.Sturzebecher@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of an exemption from the requirements of
paragraph (a)(8)(i)(A) of section 50.82 Termination of license, of part 50, Domestic
Licensing of Production and Utilization Facilities, of title 10 of the Code of Federal
Regulations (10 CFR) and paragraph (h)(1)(iv) of 10 CFR 50.75, Reporting and
recordkeeping for decommissioning planning, to KS for Renewed Facility Operating
2 License (RFOL) No. DPR-43 for KPS, located in Kewaunee County, Wisconsin. The
exemption was submitted on March 29, 2023, and supplemented on October 5, 2023, in
response to a request for additional information from the NRC staff dated
August 29, 2023, pertaining to the decommissioning trust fund (DTF) cash flows
provided in the initial exemption request submittal.
The exemption would permit KS to use funds from the KPS NDT for site
restoration activities for KPS in the same manner that funds from the NDT are used
under 10 CFR 50.82(a)(8) for decommissioning activities. The exemption request
submitted by KPS was based on its analysis of the expected KPS decommissioning and
site restoration costs, as provided in the KPS Post-Shutdown Decommissioning
Activities Report (PSDAR), as supplemented, which was submitted by KS to the NRC on
May 13, 2021.
The exemption would also allow trust disbursements for site restoration activities
to be made without prior notice to the NRC, which is consistent with a previous
exemption allowing KS to use the KPS NDT for the management of spent fuel, and to
allow trust disbursements for spent fuel management to be made without prior NRC
notice, which was approved on May 21, 2014. The NRC staffs analysis will include
evaluation of the KPS NDT in view of the prior exemption.
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 and
prepared the following EA that analyzes the environmental impacts of the proposed
action. Based on the results of the EA, which is provided in Section II of this document,
and in accordance with paragraph (a) of 10 CFR 51.31, Determinations based on
3 environmental assessment, 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 partially exempt KS from the requirements set forth in
10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv). Specifically, the proposed action
would allow KS to use funds from the KPS NDT for site restoration activities not
associated with radiological decommissioning activities and would exempt KS from the
requirement for prior notification to the NRC for these withdrawals.
The proposed action is in accordance with KSs application dated
March 29, 2023, as supplemented by letter dated October 5, 2023.
Need for the Proposed Action
By letter dated February 25, 2013, the previous holder of the KPS RFOL,
Dominion Energy Kewaunee (DEK), submitted a certification to the NRC indicating it
would permanently cease power operations at KPS on May 7, 2013. On May 7, 2013,
DEK permanently ceased power operation at KPS. On May 14, 2013, DEK certified that
it had permanently defueled the KPS reactor vessel.
By letter dated March 29, 2023, as supplemented by letter dated
October 5, 2023, KS requested an exemption to allow KPS NDT withdrawals, without
prior written notification to the NRC, for site restoration activities for KPS.
As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust funds may be
used by the licensee if the withdrawals are for legitimate decommissioning activity
expenses, consistent with the definition of decommissioning in 10 CFR 50.2,
Definitions. This definition addresses radiological decommissioning and does not
include activities associated with site restoration. Similarly, the requirements of
4 10 CFR 50.75(h)(1)(iv) restrict the use of decommissioning trust fund disbursements
(other than for ordinary and incidental expenses) to decommissioning expenses until
final decommissioning has been completed. Therefore, exemption from
10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) is needed to allow KS to use funds
from the KPS NDT for site restoration activities for KPS.
In the October 5, 2023, supplement to the exemption, KS stated that the KPS
DTF Status Report demonstrates that the KPS NDT contains the funds needed to cover
the estimated costs of KPS radiological decommissioning and license termination, as
well as spent fuel management and site restoration activities. The supplemental
information also provided additional details on license termination, spent fuel
management, site restoration costs, and total forecasted expenditure data, based on the
DECON decommissioning method and the current schedule of decommissioning
activities for KPS.
The adequacy of funds in the KPS NDT to cover the costs of activities associated
with site restoration and radiological decommissioning through license termination is
supported by the KS KPS PSDAR. To support site restoration activities not associated
with radiological decommissioning, KS stated that it needs access to the funds in the
KPS NDT in excess of those needed for radiological decommissioning.
The requirements of 10 CFR 50.75(h)(1)(iv) further provide that, except for
withdrawals being made under 10 CFR 50.82(a)(8) or for payments of ordinary
administrative costs and other incidental expenses of the NDT in connection with the
operation of the NDT, no disbursement may be made from the NDT without written
notice to the NRC at least 30 working days in advance. Therefore, an exemption from
10 CFR 50.75(h)(1)(iv) is also requested by KS to allow KS to use funds from the KPS
5 NDT for spent fuel management and site restoration activities without prior NRC
notification.
Environmental Impacts of the Proposed Action
The proposed action involves an exemption from regulatory requirements that
are of a financial or administrative nature and that do not have an impact on the
environment. Before the NRC could approve the proposed action, it would have to
conclude that there is reasonable assurance that adequate funds are available in the
NDT to complete all activities associated with radiological decommissioning as well as
spent fuel management and site restoration. Therefore, there would be no decrease in
safety associated with the use of the NDT to also fund activities associated with site
restoration.
Section 50.82(a)(8)(v) of 10 CFR requires a licensee to submit a financial
assurance status report annually between the time of submitting its site-specific
decommissioning cost estimate and submitting its final radiation survey to demonstrate
that residual radioactivity has been reduced to a level that permits termination of its
license. Section 50.82(a)(8)(vi) of 10 CFR requires that if the sum of the balance of any
remaining decommissioning funds, plus expected rate of return, plus any other financial
surety mechanism, does not cover the estimated cost to complete radiological
decommissioning, additional financial assurance must be provided to cover the cost of
completion. These annual reports provide a means for the NRC to continually monitor
the adequacy of available funding. Since the exemption would allow KS to use funds
from the KPS NDT that are in excess of those required for radiological decommissioning,
the adequacy of the funds dedicated for radiological decommissioning would not be
affected by the proposed exemption. Therefore, there is reasonable assurance that there
6 would be no environmental impact due to lack of adequate funding for radiological
decommissioning.
The proposed action would not significantly increase the probability or
consequences of radiological accidents. The proposed action has no direct radiological
impacts. There would be no change to the types or amounts of radiological effluents that
may be released; therefore, there would be no change in occupational or public radiation
exposure from the proposed action. There are no materials or chemicals introduced into
the plant that could affect the characteristics or types of effluents released offsite. In
addition, the method of operation of waste processing systems would not be affected by
the exemption. The proposed action would not result in changes to the design basis
requirements of structures, systems, and components (SSCs) that function to limit or
monitor the release of effluents. All the SSCs associated with limiting the release of
effluents would continue to be able to perform their functions. Moreover, no changes
would be made to plant buildings or the site property from the proposed action.
Therefore, there are no significant radiological environmental impacts associated with
the proposed action.
With regard to potential nonradiological 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 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 environment 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.
7 Accordingly, the NRC concludes that there are no significant 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 denial of the
proposed action (i.e., the no-action alternative). Denial of the proposed action 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
There are no unresolved conflicts concerning alternative uses of available
resources under the proposed action.
Agencies or Persons Consulted
No additional agencies or persons were consulted regarding the environmental
impact of the proposed action. On January 17, 2024, the State of Wisconsin
representative was notified of this EA and FONSI.
III. Finding of No Significant Impact
The requested exemption from 10 CFR 50.82(a)(8)(i)(A) and
10 CFR 50.75(h)(1)(iv) would allow KS to use funds from the KPS NDT for site restoration
activities for KPS, without prior written notification to the NRC. 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. The proposed action involves an exemption from requirements
that are of a financial or administrative nature and that would not have an impact on the
human environment. Consistent with 10 CFR 51.21, the NRC conducted the EA for the
proposed action, and this FONSI incorporates by reference the EA included in Section II of
this document. Therefore, the NRC concludes that the proposed action will not have
8 significant effects on the quality of the human environment. Accordingly, the NRC has
determined not to prepare an environmental impact statement for the proposed action.
Other than KSs letter dated March 29, 2023, as supplemented by letter dated
October 5, 2023, there are no other environmental documents associated with this review.
Previous considerations regarding the environmental impacts of operating KPS
are described in NUREG-1437, Supplement 40, Generic Environmental Impact
Statement for License Renewal of Nuclear Plants: Regarding Kewaunee Power Station,
Final Report, which provides the latest environmental review of current operations and
description of environmental conditions at KPS.
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./Federal Register notice Kewaunee Solutions, Inc., Request for ML23093A031 Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) for Site Restoration Activities, dated March 29, 2023 Kewaunee Solutions, Inc., Response to ML23278A100 Request for Additional Information (RAI)
Application for Kewaunee Solutions (KS) Site Restoration Activities (EPID NO. L-2023-LLE-0008), dated October 5, 2023 NRC, Letter RAI KPS Exemption Site ML23222A152 Restoration Final Repaired, dated August 29, 2023 Energy Solutions LLC., Notification of ML21145A083 Amended Post-Shutdown Decommissioning Activities Report (Revision 2) for Kewaunee Power Station, dated May 13, 2021 Kewaunee Power Station, FRN, Exemption ML13225A224 / 79 FR 30900 from the Requirements of 10 CFR part 50, section 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv)
(TAC MF1438), dated May 21, 2014
9 Dominion Energy Kewaunee, Inc., Kewaunee ML13058A065 Power Station, Certification of Permanent Cessation of Power Operations, dated February 25, 2013 Dominion Energy Kewaunee, Inc., Kewaunee ML13135A209 Power Station, Certification of Permanent Removal of Fuel from the Reactor Vessel, dated May 14, 2013 Kewaunee Solutions, Inc., Kewaunee Power ML23089A304 Station, Decommissioning Fund Status Report, dated March 30, 2023 NUREG-1437 Supplement 40, Generic ML102280229 Environmental Impact Statement for License Renewal of Nuclear Plants Supplement 40 Regarding Kewaunee Power Station, Final Report, dated August 2010.
Dated: January 23, 2024.
For the Nuclear Regulatory Commission.
/RA/
Karl J. Sturzebecher, Project Manager, Reactor Decommissioning Branch, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards.
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/ERMB NAME KSturzebecher RTurtil RT JCaverly JC SAnderson SA MDoell for MD DATE Dec 26, 2023 Dec 28, 2023 Dec 28, 2023 Jan 17, 2024