ML24120A344

Ltr. to Gena Kakkak, Chairman, Menominee Indian Tribe of Wisconsin; Re., CPS Section 106 Consultation

ML24120A344
Person / Time
Site:	Clinton
Issue date:	04/30/2024
From:	John Moses NRC/NMSS/DREFS
To:	Kakkak G Menominee Indian Tribe of Wisconsin
References
Download: ML24120A344 (1)

Text

Chairman Gena Kakkak Sr.

Menominee Indian Tribe of Wisconsin P.O. Box 910 Keshena, WI 54135-0910

SUBJECT:

REQUEST TO INITIATE SECTION 106 CONSULTATION AND SCOPING PROCESS FOR THE ENVIRONMENTAL REVIEW OF CLINTON POWER STATION, UNIT 1 LICENSE RENEWAL APPLICATION (DOCKET NUMBER:

50-461)

Dear Chairman Gena Kakkak,

Sr.:

The U.S. Nuclear Regulatory Commission (NRC) is conducting a review of the environmental effects of renewing the operating license for Clinton Power Station (CPS), Unit 1. CPS is operated by Constellation Energy Generation, LLC (CEG), and is located in Clinton, Illinois (see ). CEG submitted an application for the renewal of CPS operating licenses in a letter dated February 14, 2024, 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 NRC issued a construction permit for CPS on February 24, 1976, and the NRC issued the operating license on April 17, 1987. The requested renewal would extend the operating license expiration dates for CPS from April 17, 2027, to April 17, 2047.

As part of the NRCs license renewal review for CPS, a 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. The purpose of this letter is to perform scoping and initiate Section 106 consultation with the Osage Nation Tribe under NHPA.

April 30, 2024

G. Kakkak 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 CPS environs if CPS 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.

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-2024-0046.

The NRC will hold virtual public scoping meetings on Tuesday, May 7 and Thursday, May 9, 2024. 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 ML24045A023. When available, the NRC will publish a schedule for its review at:

https://www.nrc.gov/reactors/operating/licensing/renewal/applications/clinton.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.

G. Kakkak If you have any questions concerning the NRCs license renewal review, please contact Ashley Waldron, by phone at 301-415-7317 or via email at Ashley.Waldron@nrc.gov.

Sincerely, John M. Moses, Deputy Director Division of Rulemaking, Environment, and Financial Support, Office of Nuclear Material Safety and Safeguards.

Docket No: 50-461

Enclosures:

1. Area Map, 50-mile radius

2. CPS Unit 1, Area of Potential Effect

3. Area Map, 6-mile radius cc: Listserv David Grignon, THPO Signed by Moses, John on 04/30/24

G. Kakkak

SUBJECT:

REQUEST TO INITIATE SECTION 106 CONSULTATION AND SCOPING PROCESS FOR THE ENVIRONMENTAL REVIEW OF CLINTON POWER STATION, UNIT 1 LICENSE RENEWAL APPLICATION (DOCKET NUMBER:

50-461)

DATED:

DISTRIBUTION:

PUBLIC RidsNrrDnrl Resource RidsACRS_MailCTR Resource RidsRgn3MailCenter Resource RidsNrrPMClinton Resource CTyree, NRR/DNRL LGibson, NRR/DNRL BSmith, NRR/DNRL SLee, NRR/DNRL AWaldron, NMSS/REFS SKoenick, NMSS/REFS KLoomis, NMSS/REFS NMorgan, NMSS/MSST TKeene, OEDO/AO SBurnell, HQ/OPA CWolf, OCA ADAMS Package Accession No:ML24120A344 (Letter)* via email OFFICE NMSS/REFS NMSS/REFS OGC NMSS/REFS NAME AWaldron AWalker-Smith RSiegman SKoenick DATE 4/15/2024 4/26/2024 4/22/2024 4/29/2024 OFFICE NMSS/REFS NAME JMoses DATE 4/30/2024 OFFICIAL RECORD COPY April 30, 2024