ML24250A042
| ML24250A042 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/06/2024 |
| From: | NRC/NMSS/DREFS/EPMB2 |
| To: | |
| References | |
| Download: ML24250A042 (1) | |
Text
DRAFT
1 Historic and Cultural Resources
2 Historical and Cultural Resources - Affected Environment
3 This section discusses the historic and cultural properties that may be affected by activities 4 related to the undertaking, including known historic and cultural resources found on and in the 5 vicinity of the site. The National Historic Preservation Act of 1966, as amended (NHPA),
6 requires Federal agencies to consider the effects of their undertakings on historic properties (36 7 CFR 800). As stated in the NHPA, historic properties are any prehistoric or historic district, site, 8 building, structure, or object included in, or eligible for, inclusion in the National Register of 9 Historic Places (NRHP).
10 The undertaking is the renewal of PG&Es specific license SNM-2511 for the DC ISFSI for an 11 additional 40 years beyond the licenses expiration date (March 22, 2024). PG&E stores SNF 12 from the operation of the DCPP, located in San Luis Obispo County, California.
13 The area of potential effect (APE) refers to the areas of an undertaking (i.e., the proposed 14 action) that may directly or indirectly cause adverse effects to historic properties, as defined in 15 the NHPA Section 106 implementing regulations 36 CFR 800.16. As discussed in PG&Es ER,
16 the DC ISFSI is located within the PG&E owner-controlled area of the DCPP site, which 17 encompasses approximately 300 ha (750 ac), and approximately 0.35 km (0.2 mi) northeast of 18 the Unit 1. The APE for the proposed license renewal includes the DC ISFSI site where ongoing 19 SNF handling activities would occur. As documented in the NRC letter to the California State 20 Historic Preservation Office (CA SHPO) dated November 15, 2023 (Agencywide Documents 21 Access and Management System ( ADAMS) ML23296A098), the APE consists of the 2.02-ha 22 (5-ac) area of the ISFSI site to include the ISFSIs protected area, which is surrounded by a 23 security fence, and the area adjacent to the ISFSI storage pads where the CTF is located (see 24 Figure 1-2 and Figure 3-1). The indirect APE consists of a 5.4 km (6 mi) radius from the ISFSIs 25 site boundary.
DRAFT
1 2 Figure 3-1 D CPP Site Boundary (Modified from Appendix F of PG&E 2022)
3 In Section F3.11 of the ER, PG&E discussed the results of cultural and historical studies 4 performed at and in the vicinity of the DCPP (PG&E 2022a). A 2001 cultural resources study 5 performed for the ISFSI site found no historic or cultural sites listed in or eligible for inclusion in 6 the NRHP within the area of the ISFSI (NRC 2003a). The study did identify one archaeological 7 site listed in the NRHP within 150 m (492.1 ft) of the ISFSI site and seven other sites located 8 within the 303.5-ha (750-ac) exclusion zone surrounding DCPP (i.e., the DCPP owner-9 controlled area).
10 PG&E had several other archaeological and cultural resource management studies undertaken 11 on the DC lands since the 2001 ISFSI study. In addition to those cultural sites previously 12 identified, an additional site was identified within the DCPP owner-controlled area; however, 13 none of the sites identified within the DCPP owner-controlled area are within the DC ISFSI site 14 location (see Table 3.3 ).
15 Table 3.1 Historic and Cultural Sites within the DCPP Site
Site No. (CA-SLO-) Site Type NRHP Eligibility 2 Pre-contact Village Listed 61 Midden Eligible(a) 584 Short-term Residential Destroyed 1159 Short-term Residential Eligible(a) 1160 Short-term Residential Eligible(a) 1161 Short-term Residential Eligible(a) 1162 Short-term Residential Eligible(a)
DRAFT
Site No. (CA-SLO-) Site Type NRHP Eligibility 1163 Lithic and shell scatter Eligible(b) 2865 Lithic and shell scatter Eligible(b) 2866 Location Eligible(b)
Source: Appendix F of PG&Es License Amendment Request (a) Appears to meet National Register criteria.
(b) Appears to meet National Register criteria as part of a District; SHPO has not yet concurred.
1 PG&E also notes in the ER that in conjunction with California State Parks, it has recently 2 undertaken nomination of the Rancho Canada de los Osos y Pecho y Islay Archaeological 3 District (Boundary Increase) (District). This District comprises 985 ha (2,434 ac) and includes 4 84 contributing archaeological sites (15 previously listed resources and 69 nominated 5 resources) and 22 non-contributing archaeological sites along the coastal terrace within PG&Es 6 property (including portions of the DCPP site) and Montana de Oro State Park, north of Avila 7 Beach, San Luis Obispo County, California. While the District includes portions of the DCPP 8 site, there are no contributing resources present within or immediately adjacent to the DC ISFSI 9 (PG&E 2022a).
10 Historical and Cultural Resources - Impacts
11 The NRC staff documented its environmental review of the 2001 license application in a 2003 12 EA and subsequent 2007 supplemental EA, both concluding with a FONSI (68 FR 61838, 72 FR 13 51687, respectively). As part of that EA, the environmental review, the NRC staff analyzed 14 potential impacts to historic and cultural resources and concluded that construction, operation, 15 and decommissioning of the proposed DC ISFSI would not result in the disturbance of the CA-16 SLO-2 site, or the other cultural resource sites. The NRC staff consulted with the CA SHPO,
17 who concurred with NRCs findings that historic properties would not be adversely affected by 18 the proposed construction, operation, and decommissioning of the DC (NRC 2003b; Mellon 19 2003).
20 As discussed in Section 3.8.1 of this draft EA, there are no known historic or cultural properties 21 within the DC ISFSI direct APE. Site CA-SLO-2 is within the indirect APE. As stated in 22 Section 3.0 of this draft EA, PG&E has no plans for construction activities within the ISFSI 23 resulting in land disturbances beyond those activities evaluated in the 2003 EA. The DC ISFSI 24 does not generate any liquid or gaseous effluents and the cask is a passive system designed 25 to limit exposure to radiation. While Site CA-SLO-2 is within the indirect APE, the undertaking 26 would not affect the site because PG&E is required to maintain radiation levels below the 27 regulatory limits in 10 CFR 72 and 10 CFR 20. Routine operations are largely passive except for 28 inspections and maintenance that would be the only continuing activities if the NRC renews the 29 license (PG&E 2023a). Transportation of the casks from the DCPP to the ISFSI would not affect 30 any historic and cultural resources.
31 The NRC staff has made a determination of No Historic Properties Affected. By letter dated 32 June 14, 2024, and consistent with 36 CFR 800.4(d)(1)(i), the NRC staff provided the results of 33 the identification and evaluation to the CA SHPO (NRC 2024e). Additionally, the NRC staff 34 provided copies of the determination letter to all consulting parties. Consultations with the CA 35 SHPO and Tribes are discussed in Section 4.1. Accordingly, the NRC staff finds that the 36 continued operation of the DC ISFSI for an additional 40 years will not affect historic properties 37 consistent with 36 CFR 800.4(d)(1).
38 DRAFT
1 Agencies and Persons Consulted
2 The NRC staff consulted with other agencies regarding the proposed action in accordance 3 with NUREG-1748 (NRC 2003a ). These consultations were intended to (1) ensure that the 4 requirements of Section 7 of the Endangered Species Act 1 and Section 106 of the NHPA2 5 were met and (2) provide the designated state liaison agencies the opportunity to comment 6 on the proposed action.
7 National Historic Preservation Act
8 The NHPA was enacted to create a national historic preservation program, including the NRHP 9 and the Advisory Council on Historic Preservation. Section 106 of the NHPA requires F ederal 10 agencies to consider the effects of their undertakings on historic properties. NHPA implementing 11 regulations at 36 CFR 800, Protection of Historic Properties, define an undertaking as a 12 project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a 13 Federal agency, including those carried out by or on behalf of a F ederal agency; those carried 14 out with F ederal financial assistance; and those requiring a Federal permit, license or 15 approval. 3 Therefore, the NRCs approval of this license renewal request constitutes a F ederal 16 undertaking. As discussed in Section 3.8 of this draft EA, the NRC, however, has determined 17 that the scope of activities described in this license renewal request will not affect historic 18 properties consistent with 36 CFR 800.4(d)(1).
19 By letter dated November 15, 2023, the NRC staff initiated the Section 106 consultation with the 20 CA SHPO (NRC 2023a) and held an in-person meeting on March 20, 2024 (NRC 2024d ),
21 followed by a virtual meeting on April 4, 202 4. The NRC staff discussed the NRCs license 22 renewal, environmental and cultural resources review processes, the development and history 23 of DCPP, and anticipated next steps. Additionally, the NRC provided an update on recent 24 consultation with the tribes and discussions with the licensee. The NRC staff also initiated the 25 Section 106 consultation with federally recognized Indian Tribes Santa Ynez Chumash Indians 26 and Tule River Tribe via letters dated November 28, 2023 (NRC 2024d). On March 23, the NRC 27 staff met with the Santa Ynez Chumash Indians to continue discussions about the proposed 28 renewal of the DC ISFSI license and DCPP Units 1 and 2 (NRC 2024c ). The NRC staff also 29 reached out to the Yak Tityu Tityu Yak Tiłhini Northern Chumash Indians, the Northern Chumash 30 Tribal Council, the Coastal Band of Chumash Indians, the San Luis Obispo County Chumash 31 Indians, and the Salian Tribe of Montgomery, San Luis Obispo via letters dated November 27, 32 2023 (NRC 2024e ). The Yak Tityu Tityu Yak Tiłhini Northern Chumash Indians responded via 33 email dated January 20, 2024, requesting formal consultation (Lathrop, 2024). The staff met on 34 February 8 and March 21, 2024, with the Yak Tit yu Tityu Yak Tiłhini Northern Chumash Indians 35 (NRC 2024a ; NRC 2024b). To date, the NRC staff has not received responses from other 36 Tribes on the DC ISFSI License Renewal Application.
37 As there are no ground-disturbing activities proposed in this license renewal and only 38 continuation of current activity levels with no increase, the NRC staff concludes that no 39 properties would be impacted. The NRC staff has made a determination of No Historic 40 Properties Affected. By letter dated June 14, 2024, and consistent with 36 CFR 800.4(d)(1)(i),
41 the NRC staff provided the results of the identification and evaluation to the CA SHPO (NRC
1 16 U.S.C. 1536.
2 54 U.S.C. Sections 300101-307108.
3 See 36 CFR 800.16(y ).
DRAFT
1 2024f ). The CA SHPO did not respond to the letter within 30 days therefore the NRC considers 2 its responsibilities under Section 106 of the NHPA fulfilled. Additionally, the NRC staff provided 3 copies of the determination letter to all consulting parties.
4
5 References
6 36 CFR 800. December 12, 2000. Protection of Historic Properties. Advisory Council on 7 Historic Preservation. Code of Federal Regulations.
8 68 FR 61838. October 30, 2003. U.S. Nuclear Regulatory Commission. Pacific Gas and Electric 9 Company; Notice of Issuance of Environmental Assessment and Finding of No Significant 10 Impact for the Diablo Canyon Independent Spent Fuel Storage Installation. Federal Register 11 Notice.
12 72 FR 51687. September 10, 2007. U.S. Nuclear Regulatory Commission. Notice of Availability 13 of Supplement to the Environmental Assessment and Final Finding of No Significant Impact for 14 the Diablo Canyon Independent Spent Fuel Storage Installation. Federal Register Notice.
15 Lathrop S. 2024. Re: Tribal Consultation Request. ML24045A197. February, 6, 2024.
16 Mellon, K. California Office of Historic Preservation. 2003. Request for Concurrence on the 17 Determination of Effects On Historic Properties for the Proposed Diablo Canyon Independent 18 Spent Fuel Storage Installation. ML032320633. July 30, 2003.
19 NRC (U.S. Nuclear Regulatory Commission). 2003a. Environmental Assessment Related to the 20 Construction and Operation of the Diablo Canyon Independent Spent Fuel Storage Installation.
21 ML032970370. October 24, 2003.
22 NRC (U.S. Nuclear Regulatory Commission). 2003b. Ltr. to Dr. K. Mellon, California Office of 23 Historic Preservation, Request for Concurrence on Determination of Effects on Historic 24 Properties for Proposed Diablo Canyon Independent Spent Fuel Storage Installation (72-26, 50-25 275, 50-323) ML031830830. July 2, 2003.
26 NRC (U.S. Nuclear Regulatory Commission). 2023a. Notification And Request For Consultation 27 Regarding Pacific Gas And Electric Diablo Canyon Independent Spent Fuel Storage Installation 28 Material License Renewal Request (Docket Number: 72-26). ML23296A098. November 15, 29 2023.
30 NRC (U.S. Nuclear Regulatory Commission). 2024a. Diablo Canyon Environmental Scoping -
31 February 8 Meeting Transcript. ML24108A145. February 8, 2024.
32 NRC (U.S. Nuclear Regulatory Commission). 2024b. Memo to Michelle Rome RE: Summary of 33 3-21-2024 meeting with YTT. ML24155A205.
34 NRC (U.S. Nuclear Regulatory Commission). 2024c. SYChumash Meeting on March 23 2024 35 Public. ML24109A188. May 28, 2024
36 NRC (U.S. Nuclear Regulatory Commission). 2024d. Memo to MRome re SHPO Meeting on 37 March 20, 2024 Public. ML24109A191. May 28, 2024.
DRAFT
1 NRC (U.S. Nuclear Regulatory Commission). 2024e. Tribal Letters for Diablo Canyon ISFSI 2 LRA. ML24163A296. June 11, 2024.
3 NRC (U.S. Nuclear Regulatory Commission). 202f e. National Historic Preservation Act Section 4 106 Consultation - Results of Identification and Evaluation (Docket Number: 72-26).
5 ML24129A176. June 14, 2024.
6 PG&E (Pacific Gas and Electric Company). 2022a. License Renewal Application for the Diablo 7 Canyon Independent Spent Fuel Storage Installation. ML22068A189. March 9, 2022.
8 PG&E (Pacific Gas and Electric Company). 2023a, Response to NRC Request for Additional 9 Information on the Diablo Canyon Independent Spent Fuel Storage Installation License 10 Renewal Application. ML23264A859. September 21, 2023.