ML24017A249

Letter to Neil Peyron, Chairman, Tule River Tribe, Re. Diablo Canyon

ML24017A249
Person / Time
Site:	Diablo Canyon
Issue date:	01/24/2024
From:	John Moses NRC/NMSS/DREFS
To:	Peyron N Tule River Indian Tribe of the Tule River Reservation, California
References
Download: ML24017A249 (1)

Text

January 24, 2024 Honorable Neil Peyron, Chairman Tule River Tribe P.O. Box 589 Porterville, CA 93258

SUBJECT:

REQUEST TO INITIATE SECTION 106 CONSULTATION AND SCOPING PROCESS FOR THE ENVIRONMENTAL REVIEW OF DIABLO CANYON NUCLEAR POWER PLANT, UNITS 1 AND 2 LICENSE RENEWAL APPLICATION (DOCKET NUMBERS: 50-275 and 50-323)

Dear Chairman Neil Peyron:

The U.S. Nuclear Regulatory Commission (NRC) staff is conducting a review of the environmental effects of renewing the operating license for Diablo Canyon Nuclear Power Plant Units 1 and 2 (DCPP). DCPP is operated by Pacific Gas and Electric Company (PG&E), and is located in San Luis Obispo, California (see Enclosure 1). PG&E submitted an application for the renewal of DCPP operating licenses in a letter dated November 7, 2023, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 54.

The Atomic Energy Act of 1954, as amended, authorizes the 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. The Atomic Energy Commission issued a construction permit for DCPP in 1968 and 1970 respectively, and the NRC issued operating licenses on November 2, 1984, and August 26, 1985, respectively. The requested renewal would extend the operating license expiration dates for DCPP from November 2, 2024, and August 26, 2025, to November 2, 2044, and August 26, 2045, respectively.

As part of the NRCs license renewal review for DCPP, a site-specific supplement to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, NUREG-1437, is prepared in accordance with 10 CFR 51, the NRCs environmental protection regulations. These regulations also implement Section 102(2) of the National Environmental Policy Act of 1969, as amended (NEPA). In accordance with Title 36 of the Code of Federal Regulations Section 800.8(c), the NRC intends to comply with Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), through the NEPA process.

Accordingly, the NRC staff is inviting parties who may be interested in the proposed action to consult on this matter.

N. Peyron In the context of NHPA, the NRC staff has determined that the area of potential effects (APE) for this license renewal is the area at the power plant site and its immediate environs that may be impacted by ongoing routine maintenance and operational activities during the license renewal term (see Enclosure 2). The APE may extend beyond the immediate DCPP environs if DCPP maintenance and operational activities affect offsite historic properties (see Enclosure 3).

This determination is made irrespective of ownership or control of the lands of interest. The purpose of this letter is to perform scoping and initiate Section 106 consultation.

Pursuant to 10 CFR 51.28 and 36 CFR 800.8(c)(iii), the NRC wishes to ensure that Indian Tribes who might attach religious and cultural significance to historic properties in the APE are afforded the opportunity to identify their concerns, provide advice on the identification and evaluation of historic properties, including those of traditional religious, and cultural importance, and, if necessary, participate in the resolution of any adverse effects to such properties.

Please provide any comments that you may have on the scope of the environmental review within 30 days of the date of this letter. Written comments should be submitted by mail to:

ATTN: Program Management, Announcements and Editing Staff Office of Administration Mail Stop: TWFN-7A60M U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Electronic comments may be submitted to the NRC by accessing www.regulations.gov and searching for Docket ID NRC-2023-0192.

The NRC will hold a virtual public scoping meeting on February 1, 2024, and an in-person public scoping meeting on February 8, 2024, near the site. Details on the meetings can be found on the NRCs Public Meeting Schedule at: https://www.nrc.gov/pmns/mtg.

The application is available through the web-based version of the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible at https://www.nrc.gov/reading-rm/adams.html. The license renewal application is listed under ADAMS Accession No. ML23311A154. When available, the NRC will publish a schedule for its review at: https://www.nrc.gov/reactors/operating/licensing/renewal/applications/diablo-canyon.html. The NRC will forward the Draft Supplemental Environmental Impact Statement to you for your review and comment when it is published. This draft supplement will include identification of historic properties, assessment of impacts, and a preliminary determination.

N. Peyron If you have any questions concerning the NRCs license renewal review, please contact Kim Conway, at 301-415-1335 or via email at Kimberly.Conway@nrc.gov.

Sincerely, Signed by Moses, John on 01/24/24 John M. Moses, Deputy Director Division of Rulemaking, Environment, and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos: 50-275 and 50-323

Enclosures:

1. Area Map, 50-mile radius

2. DCPP Nuclear Power Plant Unit-1 and 2 Area of Potential Effect

3. Area Map, 6-mile radius cc: Listserv Kerri Vera Director of Department of Environmental Protection Kerri.vera@tulerivertribe-nsn.gov

ML24012A037; Ltr ML24017A249 OFFICE NMSS/REFS/ERMB NMSS/REFS/ERMB NMSS/DUWP/RDB NMSS/REFS NAME JTrefethen JT AWalker-Smith AW KConway KC JMoses JM DATE Jan 16, 2024 Jan 17, 2024 Jan 23, 2024 Jan 24, 2024