ML24129A176

National Historic Preservation Act Section 106 Consultation – Results of Identification and Evaluation (Docket Number: 72-026)

ML24129A176
Person / Time
Site:	Diablo Canyon
Issue date:	06/14/2024
From:	Robert Sun NRC/NMSS/DREFS/ERMB
To:	Polanco J State of CA, Office of Historic Preservation
References
Download: ML24129A176 (1)

Text

Julianne Polanco State Historic Preservation Officer California Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816

SUBJECT:

NATIONAL HISTORIC PRESERVATION ACT SECTION 106 CONSULTATION

- RESULTS OF IDENTIFICATION AND EVALUATION (DOCKET NUMBER: 72-26)

Dear Julianne Polanco:

The U.S. Nuclear Regulatory Commission (NRC) received a request from Pacific Gas & Electric Company (PG&E) to renew special nuclear materials (SNM) license SNM-2511 for the Diablo Canyon (DC) independent spent fuel storage installation (ISFSI), located in San Luis Obispo County, California, for an additional 40 years (Agencywide Documents Access and Management System [ADAMS] ML22068A189). The DC ISFSI site-specific license, issued on March 22, 2004, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 72 Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste, authorized PG&E to receive, possess, store, and transfer spent nuclear fuel and associated radioactive materials resulting from the operation of the Diablo Canyon Nuclear Power Plant (DCPP) for a license term of 20 years (i.e., expiring on March 22, 2024). In accordance with 10 CFR 72.42, the DC ISFSI license is considered to be on timely renewal. On September 8, 2022, the NRC staff accepted PG&Es license renewal application for detailed technical review (ML22238A239).

The NRC staff is conducting a safety review and an environmental review of PG&Es license renewal request for the DC ISFSI. Regarding the environmental review, the NRC staff is preparing an environmental assessment (EA) in accordance with the NRC regulations in 10 CFR 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, which implement the National Environmental Policy Act of 1969, as amended (NEPA). The NRC staff will document the analysis of potential effects to historic and cultural resources in the EA. Further, consistent with 36 CFR 800.8, Coordination with the National Environmental Policy Act, the NRC staff is coordinating compliance with the Section 106 process of the National Historic Preservation Act of 1966, as amended (NHPA), with its NEPA review process.

June 14, 2024

J. Polanco 2

The NRC staffs analysis of potential effects to historic and cultural resources from the undertaking considered the information provided by the California State Historic Preservation Office (CA SHPO), federally recognized Indian Tribes, the licensee PG&E, and organizations with a demonstrated interest in the undertaking including other appropriate local Indian Tribes.

The NRC staff also noticed the receipt and acceptance for docketing of PG&Es request to renew the DC ISFSI specific license in the Federal Register (FR) (see 88 FR 1431).

After evaluating the information gathered, the NRC staff finds that no historic properties would be affected by the undertaking, consistent with 36 CFR 800.4(d)(1). As discussed in more detail in Enclosure 1, the NRC did not identify any historic properties present within the direct area of potential effects (APE), which consists of the 2.02 hectares (5-acre) area of the ISFSI site.

While there are historic properties in the indirect APE, defined by a 5.4 km (6 mi) radius from the ISFSI license boundary, these would not be impacted by continued operation of the ISFSI.

Additionally, radiation levels from the storage of the DCPP spent nuclear fuel in the ISFSI would be well below the regulatory limits in 10 CFR 72 and 10 CFR 20, Standards for Protection Against Radiation for the workers and the public (assumed to be at the licensed boundary).

Consistent with 36 CFR 800.4(d)(1)(i), the NRC staff is providing its results of identification and evaluation to the CA SHPO and will consider its responsibilities under Section 106 of the NHPA fulfilled if the SHPO does not object within 30 days of this letter. Additionally, the NRC staff is providing copies of this letter to all consulting parties and planning to place the historic and cultural resources section of the EA on the NRC project website for public review.

This letter is publicly available in the NRC Public Document Room located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or from the NRCs ADAMS. The ADAMS Public Electronic Reading Room is accessible at:

http://www.nrc.gov/readingrm/adams.html. The ADAMS Accession Number for this letter is ML24129A176.

J. Polanco 3

If you have any questions, please contact the historical and cultural subject matter expert, Jean Trefethen of my staff via email at jean.trefethen@nrc.gov or via telephone at 301-415-0867, or the project manager, Isaac Johnston at isaac.johnston@nrc.gov or 301-415-5649.

Sincerely, Robert Sun, Chief Environmental Project Management Branch 2 Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No.: 72-26

Enclosures:

As stated cc:

Santa Ynez Chumash Indians Tule River Tribe Yak Tityu Tityu Yak Tiłhini Northern Chumash Indians Northern Chumash Tribal Council Coastal Band of Chumash Indians San Luis Obispo County Chumash Indians Salían Tribe of Montgomery, San Luis Obispo Indian Tribes Signed by Sun, Robert on 06/14/24

1 Enclosure Diablo Canyon Independent Spent Fuel Storage Installation License Renewal Application Finding of No Historic Properties Affected Undertaking The undertaking is the renewal of the Pacific Gas & Electric Company (PG&Es) specific license SNM-2511 for the Diablo Canyon (DC) independent spent fuel storage installation (ISFSI) for an additional 40 years beyond the licenses expiration date (March 22, 2024) pursuant to section 72.42 of Title 10 of the Code of Federal Regulations (10 CFR). PG&E stores spent nuclear fuel from the operation of the Diablo Canyon Nuclear Power Plant (DCPP), located in San Luis Obispo County, California.

The ISFSI consists of seven storage pads, a cask transfer facility (CTF), an onsite cask transporter, and the dry cask storage system. PG&E uses the Holtec International HI-STORM 100 dry cask storage system, which consists of (1) steel multipurpose canisters (MPCs) that contain up to 24 or 32 spent fuel assemblies; (2) concrete overpacks that provide additional shielding for the MPCs in storage; and (3) a transfer cask that is used to move loaded and sealed MPCs from the DCPP fuel handling building to the ISFSI. The DC ISFSI can store up to 140 storage casks. Per PG&E, as of 2021, 7 loading campaigns have been completed resulting in a total of 58 loaded systems (see figure 1). Storage of spent fuel in the DC ISFSI is temporary pending the availability of a federal or private repository for interim or permanent disposal.

Figure 1. Diablo Canyon ISFSI Aerial View (Modified from Appendix F of PG&Es LAR)

2 If the U.S. Nuclear Regulatory Commission (NRC) approves PG&Es license renewal application (LRA) (Agencywide Documents Access and Management System (ADAMS)

ML22068A189), PG&E would continue to receive, possess, transfer, and store spent nuclear fuel and the other radioactive waste using the HI-STORM 100 dry cask storage system at the DC ISFSI for an additional 40 years. PG&E does not plan to conduct any major construction (e.g., major land disturbing activities, installing new ISFSI pads, or extending the ISFSI site boundary). In the future PG&E may, however, request authorization to use the Orano horizontal storage module (HSM) dry storage system for which PG&E would need to refurbish the current ISFSI pads (i.e., the embedded steel rings in the concrete pads would be removed, and the concrete pad would then be resurfaced to provide a flat smooth surface for storage of the HSM).

NRC approval of the licensees request to renew the DC ISFSI license for an additional 40 years would not result in approval to use the Orano HSM system.1 Figure 2. Diablo Canyon Power Plant Site Boundary (Modified from Appendix F of PG&Es LAR)

Area of Potential Effects As discussed in PG&Es LRA, the DC ISFSI is located on the central California coast in San Luis Obispo County adjacent to the Pacific Ocean and roughly equidistant from San Francisco and Los Angeles. This area is located along the coast directly southeast of Montana de Oro 1 On November 7, 2023, PG&E requested renewal of its NRC licenses to continue to operate the DCPP Units 1 and 2 for an additional 20 years beyond the period specified in each of the current licenses. The undertaking for the Diablo Canyon ISFSI license SNM-2511 is separate from the license renewal request to continue to operate the DCPP Units 1 and 2. The NRC staff is conducting the corresponding National Historic Preservation Act Section 106 process for that undertaking separately as discussed during meetings with the California State Historic Preservation Office (CA SHPO) on March 20 and April 4, 2024.

DC ISFSI

3 State Park and is approximately 19 kilometers (km) (12 miles [mi]) west-southwest of the city of San Luis Obispo. The DC ISFSI is located within the PG&E owner-controlled area of the DCPP site, which encompasses approximately 300 hectares (750-acre), and approximately 0.35 km (0.2 mi) northeast of the Unit 1. As documented in the NRC letter to the California State Historic Preservation Office (CA SHPO) dated November 15, 2023 (ML23296A098), the area of potential effects (APE) consists of the 2.02 hectares (5-acre) area of the ISFSI site to include the ISFSIs protected area, which is surrounded by a security fence, and the area adjacent to the ISFSI storage pads where the CTF is located (see figures 2 and 3). The indirect APE consists of a 5.4 km (6 mi) radius from the ISFSI site boundary.

Identification of Historic Properties As part of the issuance of license SNM-2511 for the DC ISFSI, the NRC staff reviewed PG&Es environmental report (ER) submitted with its license application on December 21, 2001 (ML020180196). This ER summarized the cultural resource investigations conducted in and around the DCPP site over the years, including an on-the-ground field survey of the area near the proposed DC ISFSI conducted in May and September 2000 and January 2001. These investigations and a records search by PG&E yielded no sites listed in or eligible for listing in the National Register of Historic Places (NRHP) within the APE of the proposed DC ISFSI.

However, one archaeological site listed in the NRHP (CA-SLO-2) is located within 150 m (492 ft) of the proposed ISFSI site. Seven other sites (CA-SLO-61, -584, -1159, -1160, -1161, -162, and -1163) are located within the 300 hectares (750-acre) exclusion zone surrounding DCPP but are not close to the DC ISFSI site. In 1980, PG&E incorporated an Archeological Resources Management Plan (ARMP) into the NRC operating licenses for the DCPP Units 1 and 2 to protect and manage the CA-SLO-2 site. Activities with the potential to affect the site are restricted.

Table 1. Historic and Cultural Sites within the DCPP Site Site No. (CA-SLO-)

Site Type NRHP Eligibility 2

Pre-contact Village Listed 61 Midden Eligible*

584 Short-term Residential Destroyed 1159 Short-term Residential Eligible*

1160 Short-term Residential Eligible*

1161 Short-term Residential Eligible*

1162 Short-term Residential Eligible*

1163 Lithic and shell scatter Eligible**

2865 Lithic and shell scatter Eligible**

2866 Location Eligible**

Source: Appendix F of PG&Es LAR

• Appears to meet National Register criteria

• • Appears to meet National Register criteria as part of a District; SHPO has not yet concurred.

The NRC staff documented its environmental review of the 2001 license application in a 2003 environmental assessment (EA) and subsequent 2007 supplemental EA, both concluding with a finding of no significant impact (68 FR 61838 and 72 FR 51687, respectively). As part of the environmental review, the NRC staff analyzed potential impacts to historic and cultural

4 resources and concluded that construction, operation, and decommissioning of the proposed DC ISFSI would not result in the disturbance of the CA-SLO-2 site, or other cultural resource sites. The NRC staff consulted with the CA SHPO (ML031830830), who concurred with NRCs findings that historic properties would not be adversely affected by the proposed construction, operation, and decommissioning of the DC ISFSI (ML032320633).

In appendix F of PG&Es LRA for the DC ISFSI (the ER for the license renewal request), PG&E further explained that additional cultural resource investigations conducted since the 2001 field survey yielded the identification of site CA-SLO-2866 within the DCPP owner-controlled area, but not within the DC ISFSI APE.

Figure 03. 6-Mile Vicinity Map (Modified from Appendix F of PG&Es LAR)

PG&E, in conjunction with California State Parks, is also undertaking nomination of the Rancho Canada de los Osos y Pecho y Islay Archaeological District (Boundary Increase) (District). This District comprises 985 hectares (2,434 acres) and includes 84 contributing archaeological sites (15 previously listed resources and 69 nominated resources) and 22 non-contributing archaeological sites along the coastal terrace within PG&Es property (including portions of the

5 DCPP site) and Montana de Oro State Park, north of Avila Beach, in San Luis Obispo County, California. While the District includes portions of the DCPP site, there are no contributing resources present within or immediately adjacent to the DC ISFSI.

Consultations By letter dated November 15, 2023, the NRC staff initiated the Section 106 consultation with the CA SHPO (ML23296A098) and held an in-person meeting on March 20 (ML24109A191) followed by a virtual meeting on April 4, 2004. The NRC staff discussed the NRCs license renewal, environmental and cultural resources review processes, development and history of DCPP, and anticipated next steps. Additionally, the NRC provided an update on recent consultation with the tribes and discussions with the licensee. The NRC staff also initiated the Section 106 consultation with federally recognized Indian tribes Santa Ynez Chumash Indians (ML23291A270) and Tule River Tribe (ML23320A244) via letters dated November 28, 2023. On March 23, the NRC staff met with the Santa Ynez Chumash Indians to continue discussions about the proposed renewal of the DC ISFSI license and DCPP Units 1 and 2 (ML24109A188).

The NRC staff also reached out to the Yak Tityu Tityu Yak Tiłhini Northern Chumash Indians (ML23325A133), the Northern Chumash Tribal Council (ML23307A006), the Coastal Band of Chumash Indians (ML23325A129), the San Luis Obispo County Chumash Indians (ML23325A138), the Salian Tribe of Montgomery, San Luis Obispo (ML23325A132) via letters dated November 27, 2023. The Yak Tityu Tityu Yak Tiłhini Northern Chumash Indians responded via email dated January 20, 2024, requesting formal consultation (ML24045A197). The staff met on February 8 and March 22, 2024, with the Yak Tityu Tityu Yak Tiłhini Northern Chumash Indians (ML24127A133; ML24155A205). To date, the NRC staff has not received responses from other Tribes on the DC ISFSI LRA.

Results of Identification and Evaluation The proposed license renewal of the DC ISFSI would not affect historic properties within the APE. The NRC did not identify any historic properties present within the direct APE. Site CA-SLO-2 is within the indirect APE but would not be affected because, although continued operation of the DC ISFSI would result in exposure to radiological hazards, PG&E is required to maintain radiation levels below the regulatory limits in 10 CFR 72 and 10 CFR 20. Additionally, the DC ISFSI does not generate any liquid or gaseous effluents and the cask is a passive system designed to limit exposure to radiation. PG&E does not plan any major construction resulting in land disturbances as part of its license renewal request. Routine operations are largely passive except for the placement of additional casks, inspections and maintenance that would be the only continuing activities if the NRC renews the license. Transportation of the casks from the DCPP to the ISFSI would not affect any historic and cultural resources. Activities during the proposed license renewal period would continue to be managed in accordance with PG&Es ARMP to protect site CA-SLO-2. Accordingly, the NRC staff finds that the continued operation of the DC ISFSI for an additional 40 years would not affect historic properties consistent with 36 CFR 800.4(d)(1).

Ltr ML24129A176 OFFICE NMSS/REFS/EPMB2 NAME RSun DATE Jun 14, 2024