ML24044A009
| ML24044A009 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/12/2024 |
| From: | Hazelhoff A TMI-2 Energy Solutions |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| References | |
| TMI2-RA-COR-2024-0002 | |
| Download: ML24044A009 (15) | |
Text
February 12, 2024 TMI2-RA-COR-2024-0002 10 CFR 50.90 10 CFR 50.91 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Three Mile Island Nuclear Station, Unit 2 (TMI-2)
Possession Only License No. DPR-73 NRC Docket No. 50-320
Subject:
License Amendment Request - Three Mile Island, Unit 2, Historic and Cultural Resources Review, Response to Request for Additional Information
References:
(1)
Letter from Hazelhoff, A.C. (EnergySolutions) to Document Control Desk (U.S.
NRC), License Amendment Request - Three Mile Island, Unit 2, Historic and Cultural Resources Review, dated February 22, 2023 (ML23058A064)
(2)
Letter from Snyder, A.M. (U.S. NRC) to Sauger, J.T. (TMI-2Solutions, LLC),
Three Mile Island, Unit 2 - Acceptance Review and Request for Additional Information for the Historic and Cultural Resources License Amendment Request
- EPID:2023-LLA-0026, dated March 31, 2023 (Cover: ML23062A737; RAI
Enclosure:
(3)
Letter from Hazelhoff, A.C. (EnergySolutions) to Document Control Desk (U.S.
NRC), License Amendment Request - Three Mile Island, Unit 2, Historic and Cultural Resources Review, Response to Request for Additional Information, dated May 1, 2023 (ML23121A249)
(4)
E-Mail from Snyder, A. (U.S. NRC) to Wheat, J. (EnergySolutions), TMI-2 Request for Additional Information for Historical and Cultural License Amendment Request - L-2023-LLA-0026 - Three Mile Island, U2: Amendment re: Historic and Cultural Resources, dated January 11, 2024 (E-Mail:
Attachment:
In Reference 1, TMI-2Solutions submitted a License Amendment Request (LAR) to the Nuclear Regulatory Commission (NRC) for review of decommissioning activities that would diminish the historic integrity of the TMI-2Solutions owned buildings previously deemed eligible for the National Register of Historic Places (NRHP) by the Pennsylvania State Historic Preservation Office (PA SHPO). In Reference 2, the NRC issued its acceptance review of the LAR and a Request for Additional Information (RAI). TMI-2Solutions provided a response in Reference 3.
In Reference 4, the NRC issued additional RAIs regarding potential impacts to ecological species from activities described in the LAR. TMI-2Solutions response is provided in Attachment 1 to this letter. The information provided in the RAI responses does not impact the Technical Evaluation conclusions or No Significant Hazards Consideration included in the LAR.
This letter contains no new Regulatory Commitments but revises one Regulatory Commitment as described in Attachment 2.
In accordance with 10 CFR 50.91(b)(1), a copy of this submittal has been sent to the Commonwealth of Pennsylvania.
If the NRC has any questions with respect to the content of this document or wishes to obtain any additional information, please contact Joe Lynch, D&D Regulatory Affairs/Licensing Director, at (508) 728-1421 or jrlynch@energysolutions.com.
I declare under penalty of perjury that the foregoing is true and correct. Executed on 12 February 2024.
Sincerely, Amy C. Hazelhoff Senior Vice President, Regulatory Affairs EnergySolutions Attachments: - Response to Request for Additional Information - List of Regulatory Commitments - PNDI Review for Decommissioning Support Building (DSB) and TMI-2 Independent Spent Fuel Storage Installation (ISFSI) Project Boundaries cc: w/ Attachments NRC Regional Administrator - Region I NRC Lead Inspector - Three Mile Island Nuclear Station - Unit 2 NRC Project Manager - Three Mile Island Nuclear Station - Unit 2 Director, Bureau of Radiation Protection - PA Dept of Environmental Protection Chief, Division of Nuclear Safety, Bureau of Radiation Protection - PA Dept of Environmental Protection Chairman, Board of County Commissioners - Dauphin County Manager - Londonderry Township Amy C Hazelhoff Digitally signed by Amy C Hazelhoff Date: 2024.02.12 17:39:38 -05'00'
3 Pages Follow ATTACHMENT 1 RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION
ATTACHMENT 1 TMI2-RA-COR-2024-0002 1
RAI-1
PSDAR Rev 5 Section 6.1.7 Threatened and Endangered Species states No bog turtles, Northeastern bulrushes, Northern long-eared bats, dwarf wedgemussels, Indiana bats, or Atlantic sturgeons have been observed on or immediately adjacent to TMI. For each of these species, please provide a basis for this statement. Indicate whether ecological studies or field surveys have specifically been conducted to determine the presence/absence of these species.
Provide copies of any studies or surveys relied upon in answering this question.
Make a determination of whether the proposed action would have no effect, may affect, but is not likely to adversely affect, or may affect and is likely to adversely affect for the bog turtle, dwarf wedgemussel, and Atlantic sturgeon. See U.S. Fish and Wildlife Service (FWS) guidance at https://www.fws.gov/media/endangered-species-consultation-handbook.
TMI-2Solutions Response:
The basis for the statement in PSDAR Rev. 5 Section 6.1.7 was informed by a review of the Pennsylvania Natural Heritage Program (PNHP), which serves as a clearinghouse for all state agencies tasked with protecting rare and sensitive species. During development of the evaluation of environmental impacts associated with site-specific decommissioning activities for the PSDAR, TMI-2Solutions submitted an inquiry to the Pennsylvania Natural Diversity Inventory (PNDI) for review of the decommissioning project which determined that there was no anticipated impact to the species listed above. TMI-2Solutions is not aware of ecological studies or field surveys that have specifically been conducted to determine the presence/absence of the species listed above on or immediately adjacent to Three Mile Island (TMI).
TMI-2Solutions requests PNDI reviews if a decommissioning activity requires a new permit or revision to an existing permit as determined by the TMI-2 Environmental Screening Assessment process, or at least prior to expiration of the most recent review obtained, whichever is sooner, to ensure that agency determinations and responses remain valid for ongoing and near-term planned decommissioning activities. If the presence of the bog turtle, Northeastern bulrush, Northern long-eared bat, dwarf wedgemussel, Indiana bat, or Atlantic sturgeon is observed on or near the TMI site prior to removal of the TMI-2 owned and controlled buildings, TMI-2Solutions will consult with appropriate State and Federal resource agencies to ensure that agency concerns are addressed such that any potential impact to these species is avoided and update the evaluation of environmental impacts associated with site-specific decommissioning activities in the PSDAR accordingly.
Given the above, TMI-2Solutions concludes that the proposed action will have no effect on the bog turtle, dwarf wedgemussel, and Atlantic sturgeon.
ATTACHMENT 1 TMI2-RA-COR-2024-0002 2
RAI-2
The FWS Information for Planning and Consultation (IPaC) tool identifies the following species as potentially occurring in the action area for this proposed action: Indiana bat (Myotis sodalist), northern long-eared bat (Myotis septentrionalis), tricolored bat, (Perimyotis subflavus), green floater (Lasmigona subviridis), monarch butterfly (Danaus plexippus), and northeastern bulrush (Scirpus ancistrochaetus). Is TMI-2 Solutions aware of the occurrence of these species on or near the TMI-2 site, and if so, when have these species been observed?
Analyze the effects of decommissioning activities on each of the IpaC species listed. Make a determination of whether the proposed action would have no effect, may affect, but is not likely to adversely affect, or may affect and is likely to adversely affect each species.
TMI-2Solutions Response:
TMI-2Solutions is not aware of any occurrence of the Indiana bat, northern long-eared bat, tricolored bat, green floater, monarch butterfly, or northeastern bulrush on or near the TMI site.
In a recent PNDI review obtained in support of the Decommissioning Support Building (DSB) and TMI-2 Independent Spent Fuel Storage Installation (ISFSI) construction activities described in the PSDAR, the U.S. Fish and Wildlife Services determined that no impacts to Federally listed or proposed species are anticipated and, therefore, no further consultation/coordination under the Endangered Species Act (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) is required for these activities. TMI-2Solutions is providing a copy of this PNDI inquiry to the NRC as Attachment 3.
TMI-2Solutions requests PNDI reviews if a decommissioning activity requires a new permit or revision to an existing permit as determined by the TMI-2 Environmental Screening Assessment process, or at least prior to expiration of the most recent PNDI review obtained, whichever is sooner, to ensure that agency determinations and responses remain valid for ongoing and near-term planned decommissioning activities. If the presence of the Indiana bat, northern long-eared bat, tricolored bat, green floater, monarch butterfly, or northeastern bulrush is observed on or near the TMI site prior to the removal of TMI-2 owned and controlled buildings, TMI-2Solutions will consult with appropriate State and Federal resource agencies to ensure that agency concerns are addressed such that any potential impact to these species is avoided and update the evaluation of environmental impacts associated with site-specific decommissioning activities in the PSDAR accordingly.
Given the above, TMI-2Solutions concludes the proposed action will have no effect on the Indiana bat, northern long-eared bat, tricolored bat, green floater, monarch butterfly, or northeastern bulrush.
ATTACHMENT 1 TMI2-RA-COR-2024-0002 3
RAI-3
PSDAR Rev 5 Section 6.3 indicates that TMI-2 Solutions would continue to comply with applicable regulations and permit conditions during decommissioning activities to limit environmental impacts. Please summarize procedures and best management practices that will be followed during removal of buildings and structures related to limiting impacts to terrestrial and aquatic species as outlined in the applicable regulations and permit conditions.
TMI-2Solutions Response:
The removal of TMI-2 buildings and structures will be performed in accordance with the TMI-2 Environmental Management Program (EMP), which ensures that decommissioning activities are conducted in a manner that avoids or minimizes adverse impacts to the environment in compliance with applicable permits and environmental authorizations.
The TMI-2 EMP includes procedures and plans which outline environmental monitoring requirements related to avian and wildlife management, air permit preparation, erosion and sediment control, and protection of cultural resources. Best Management Practices (BMPs) will continue to be implemented to ensure compliance with permit conditions, mitigation measures, and company policies to avoid and minimize environmental pollution, which include:
x Inspection of activities, equipment, and areas, x Minimizing emissions of air/airborne pollutants, x Preventing inadvertent releases of hazardous substances into the environment, x Minimizing the generation of radiologically contaminated hazardous waste (i.e., mixed waste),
x Preventing discharge of oil in harmful quantities to the Susquehanna River due to equipment failure or human error, x Controlling discharges to the Susquehanna River per the NPDES permit (individual and Construction General Permit) and best management plans, and x Minimizing loss of fish or other aquatic life.
TMI-2Solutions will revise existing procedures or develop additional plans as needed to ensure the removal of buildings and structures will avoid impacts to terrestrial or aquatic species, as well as any threatened or endangered species observed within or near the TMI operational area.
The TMI-2 PSDAR Rev. 5 contains a one-time action Regulatory Commitment stating that TMI-2Solutions will consult with appropriate State and Federal resource agencies when a decision is reached on timing and method of Cooling Tower removal to ensure that agency concerns are addressed. TMI-2Solutions is revising this Regulatory Commitment as follows:
TMI-2Solutions will consult with State and Federal resource agencies during the planning process for removal of the TMI-2 owned and controlled buildings and structures to ensure that agency concerns are addressed. TMI-2Solutions will ensure processes are in place such that any potential impacts to terrestrial or aquatic species, as well as any threatened or endangered species observed on or near the TMI operational area, are avoided.
1 Page Follows ATTACHMENT 2 LIST OF REGULATORY COMMITMENTS
ATTACHMENT 2 TMI2-RA-COR-2024-0002 LIST OF REGULATORY COMMITMENTS The following list identifies a revision to a Regulatory Commitment previously made by TMI-2Solutions in the TMI-2 PSDAR, Rev. 5 (ML22306A051). Any other actions discussed in this submittal represent intended or planned actions by TMI-2Solutions. They are described as information only and are not Regulatory Commitments.
REGULATORY COMMITMENT TYPE SCHEDULED COMPLETION DATE One-Time Action Continuing Compliance TMI-2Solutions will consult with appropriate State and Federal resource agencies when a decision is reached on timing and method of Cooling Tower removal during the planning process for removal of the TMI-2 owned and controlled buildings and structures to ensure that agency concerns are addressed. TMI-2Solutions will ensure processes are in place such that any potential impacts to terrestrial or aquatic species, as well as any threatened or endangered species observed on or near the TMI operational area, are avoided.
X Prior to removal of the TMI-2 owned and controlled buildings and structures
6 Pages Follow ATTACHMENT 3 PNDI Review for Decommissioning Support Building (DSB) and TMI-2 Independent Spent Fuel Storage Installation (ISFSI) Project Boundaries
Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-773797 PNDI Receipt: project_receipt_tmi_decoommissioning_supp_773797_FINAL_3.pdf
- 1. PROJECT INFORMATION Project Name: TMI Decoommissioning Support Building Date of Review: 1/16/2024 06:55:17 AM Project Category: Development, New commercial/industrial development (store, gas station, factory)
Project Area: 13.04 acres County(s): Dauphin Township/Municipality(s): LONDONDERRY TOWNSHIP ZIP Code:
Quadrangle Name(s): MIDDLETOWN Watersheds HUC 8: Lower Susquehanna-Swatara Watersheds HUC 12: Laurel Run-Susquehanna River Decimal Degrees: 40.149556, -76.724606 Degrees Minutes Seconds: 40° 8' 58.4000" N, 76° 43' 28.5832" W
- 2. SEARCH RESULTS Agency Results
Response
PA Game Commission Potential Impact FURTHER REVIEW IS REQUIRED, See Agency Response PA Department of Conservation and Natural Resources No Known Impact No Further Review Required PA Fish and Boat Commission No Known Impact No Further Review Required U.S. Fish and Wildlife Service No Known Impact No Further Review Required As summarized above, Pennsylvania Natural Diversity Inventory (PNDI) records indicate there may be potential impacts to threatened and endangered and/or special concern species and resources within the project area. If the response above indicates "No Further Review Required" no additional communication with the respective agency is required. If the response is "Further Review Required" or "See Agency Response," refer to the appropriate agency comments below. Please see the DEP Information Section of this receipt if a PA Department of Environmental Protection Permit is required.
Page 1 of 6
Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-773797 PNDI Receipt: project_receipt_tmi_decoommissioning_supp_773797_FINAL_3.pdf Page 2 of 6
Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-773797 PNDI Receipt: project_receipt_tmi_decoommissioning_supp_773797_FINAL_3.pdf Page 3 of 6
Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-773797 PNDI Receipt: project_receipt_tmi_decoommissioning_supp_773797_FINAL_3.pdf RESPONSE TO QUESTION(S) ASKED Q1: The proposed project is in the range of the Indiana bat. Describe how the project will affect bat habitat (forests, woodlots and trees) and indicate what measures will be taken in consideration of this. Round acreages up to the nearest acre (e.g., 0.2 acres = 1 acre).
Your answer is: No forests, woodlots or trees will be affected by the project.
Q2: Is tree removal, tree cutting or forest clearing of 40 acres or more necessary to implement all aspects of this project?
Your answer is: No
- 3. AGENCY COMMENTS Regardless of whether a DEP permit is necessary for this proposed project, any potential impacts to threatened and endangered species and/or special concern species and resources must be resolved with the appropriate jurisdictional agency. In some cases, a permit or authorization from the jurisdictional agency may be needed if adverse impacts to these species and habitats cannot be avoided.
These agency determinations and responses are valid for two years (from the date of the review), and are based on the project information that was provided, including the exact project location; the project type, description, and features; and any responses to questions that were generated during this search. If any of the following change: 1) project location, 2) project size or configuration, 3) project type, or 4) responses to the questions that were asked during the online review, the results of this review are not valid, and the review must be searched again via the PNDI Environmental Review Tool and resubmitted to the jurisdictional agencies. The PNDI tool is a primary screening tool, and a desktop review may reveal more or fewer impacts than what is listed on this PNDI receipt. The jursidictional agencies strongly advise against conducting surveys for the species listed on the receipt prior to consultation with the agencies.
PA Game Commission
RESPONSE
Further review of this project is necessary to resolve the potential impact(s). Please send project information to this agency for review (see WHAT TO SEND).
PGC Species: (Note: The Pennsylvania Conservation Explorer tool is a primary screening tool, and a desktop review may reveal more or fewer species than what is listed below.)
Scientific Name Common Name Current Status Falco peregrinus Peregrine Falcon Special Concern Species*
PA Department of Conservation and Natural Resources
RESPONSE
No Impact is anticipated to threatened and endangered species and/or special concern species and resources.
PA Fish and Boat Commission
RESPONSE
No Impact is anticipated to threatened and endangered species and/or special concern species and resources.
U.S. Fish and Wildlife Service
RESPONSE
No impacts to federally listed or proposed species are anticipated. Therefore, no further consultation/coordination under the Endangered Species Act (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq. is required. Because no take of federally listed species is anticipated, none is authorized. This response does not reflect potential Fish and Wildlife Service concerns under the Fish and Wildlife Coordination Act or other authorities.
Page 4 of 6
Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-773797 PNDI Receipt: project_receipt_tmi_decoommissioning_supp_773797_FINAL_3.pdf
- Special Concern Species or Resource - Plant or animal species classified as rare, tentatively undetermined or candidate as well as other taxa of conservation concern, significant natural communities, special concern populations (plants or animals) and unique geologic features.
- Sensitive Species - Species identified by the jurisdictional agency as collectible, having economic value, or being susceptible to decline as a result of visitation.
WHAT TO SEND TO JURISDICTIONAL AGENCIES If project information was requested by one or more of the agencies above, upload* or email the following information to the agency(s) (see AGENCY CONTACT INFORMATION). Instructions for uploading project materials can be found here. This option provides the applicant with the convenience of sending project materials to a single location accessible to all three state agencies (but not USFWS).
- If information was requested by USFWS, applicants must email, or mail, project information to IR1_ESPenn@fws.gov to initiate a review. USFWS will not accept uploaded project materials.
Check-list of Minimum Materials to be submitted:
____Project narrative with a description of the overall project, the work to be performed, current physical characteristics of the site and acreage to be impacted.
____A map with the project boundary and/or a basic site plan(particularly showing the relationship of the project to the physical features such as wetlands, streams, ponds, rock outcrops, etc.)
In addition to the materials listed above, USFWS REQUIRES the following
____SIGNED copy of a Final Project Environmental Review Receipt The inclusion of the following information may expedite the review process.
____Color photos keyed to the basic site plan (i.e. showing on the site plan where and in what direction each photo was taken and the date of the photos)
____Information about the presence and location of wetlands in the project area, and how this was determined (e.g.,
by a qualified wetlands biologist), if wetlands are present in the project area, provide project plans showing the location of all project features, as well as wetlands and streams.
- 4. DEP INFORMATION The Pa Department of Environmental Protection (DEP) requires that a signed copy of this receipt, along with any required documentation from jurisdictional agencies concerning resolution of potential impacts, be submitted with applications for permits requiring PNDI review. Two review options are available to permit applicants for handling PNDI coordination in conjunction with DEPs permit review process involving either T&E Species or species of special concern. Under sequential review, the permit applicant performs a PNDI screening and completes all coordination with the appropriate jurisdictional agencies prior to submitting the permit application. The applicant will include with its application, both a PNDI receipt and/or a clearance letter from the jurisdictional agency if the PNDI Receipt shows a Potential Impact to a species or the applicant chooses to obtain letters directly from the jurisdictional agencies. Under concurrent review, DEP, where feasible, will allow technical review of the permit to occur concurrently with the T&E species consultation with the jurisdictional agency. The applicant must still supply a copy of the PNDI Receipt with its permit application. The PNDI Receipt should also be submitted to the appropriate agency according to directions on the PNDI Receipt. The applicant and the jurisdictional agency will work together to resolve the potential impact(s). See the DEP PNDI policy at https://conservationexplorer.dcnr.pa.gov/content/resources.
Page 5 of 6
Pennsylvania Department of Conservation and Natural Resources Project Search ID: PNDI-773797 PNDI Receipt: project_receipt_tmi_decoommissioning_supp_773797_FINAL_3.pdf
- 5. ADDITIONAL INFORMATION The PNDI environmental review website is a preliminary screening tool. There are often delays in updating species status classifications. Because the proposed status represents the best available information regarding the conservation status of the species, state jurisdictional agency staff give the proposed statuses at least the same consideration as the current legal status. If surveys or further information reveal that a threatened and endangered and/or special concern species and resources exist in your project area, contact the appropriate jurisdictional agency/agencies immediately to identify and resolve any impacts.
For a list of species known to occur in the county where your project is located, please see the species lists by county found on the PA Natural Heritage Program (PNHP) home page (www.naturalheritage.state.pa.us). Also note that the PNDI Environmental Review Tool only contains information about species occurrences that have actually been reported to the PNHP.
- 6. AGENCY CONTACT INFORMATION PA Department of Conservation and Natural Resources Bureau of Forestry, Ecological Services Section 400 Market Street, PO Box 8552 Harrisburg, PA 17105-8552 Email: RA-HeritageReview@pa.gov U.S. Fish and Wildlife Service Pennsylvania Field Office Endangered Species Section 110 Radnor Rd; Suite 101 State College, PA 16801 Email: IR1_ESPenn@fws.gov NO Faxes Please PA Fish and Boat Commission Division of Environmental Services 595 E. Rolling Ridge Dr., Bellefonte, PA 16823 Email: RA-FBPACENOTIFY@pa.gov PA Game Commission Bureau of Wildlife Management Division of Environmental Review 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 Email: RA-PGC_PNDI@pa.gov NO Faxes Please
- 7. PROJECT CONTACT INFORMATION Name:______________________________________________________________
Company/Business Name:______________________________________________
Address:____________________________________________________________
City, State, Zip:_______________________________________________________
Phone:(_____)_________________________Fax:(______)___________________
Email:_____________________________________________________________
- 8. CERTIFICATION I certify that ALL of the project information contained in this receipt (including project location, project size/configuration, project type, answers to questions) is true, accurate and complete. In addition, if the project type, location, size or configuration changes, or if the answers to any questions that were asked during this online review change, I agree to re-do the online environmental review.
applicant/project proponent signature date Page 6 of 6
-HIIUH\\3DUREHN3(
$VFHQW&RQVXOWLQJDQG(QJLQHHULQJ//&
$QPRRUHUG
%ULGJHSRUW:9
MSDUREHN#DVFHQWZYFRP
-HIIUH\\$3DUREHN