ML24285A145

Ltr. to Gail Cheatham, Kickapoo Tribe of Indians of the Kickapoo Reservation in Ks Re CPS Sect 106 Consult

ML24285A145
Person / Time
Site:	Clinton
Issue date:	10/24/2024
From:	Tanya Smith NRC/NMSS/DREFS/ETRB1
To:	Cheatham G Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas
Shared Package
ML24285A138	List: ML24285A141 ML24285A142 ML24285A143 ML24285A144 ML24285A145 ML24285A146 ML24285A147 ML24285A148
References
Download: ML24285A145 (1)

Text

Gail Cheatham, Chairwoman Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas 824 111th Drive Horton, KS 66439

SUBJECT:

REQUEST TO INITIATE SECTION 106 CONSULTATION FOR THE ENVIRONMENTAL REVIEW OF CLINTON POWER STATION, UNIT 1 LICENSE RENEWAL APPLICATION (DOCKET NUMBER: 50-461)

Dear Chairwoman Gail Cheatham:

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 as shown in the enclosed area map (see Enclosure 1). 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 is inviting parties who may be interested in the proposed action to consult on this matter. The purpose of this letter is to initiate Section 106 consultation with the Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas under NHPA.

October 24, 2024

G. Cheatham 2

In the context of NHPA, the NRC has determined that the area of potential effects (APE) for this license renewal includes lands within the nuclear power plant site boundary and the transmission lines up to the first substation that may be directly or indirectly affected by land-disturbing or other operational activities associated with continued plant operations and maintenance and/or refurbishment activities (see Enclosure 2 for reference). The APE may extend beyond the CPS site if CEG maintenance and operational activities affect offsite historic properties (see Enclosure 3 for reference). This determination is made irrespective of land ownership or control.

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 via email to the addresses below within 30 days of the date of this letter.

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.

The NRC expects to publish a draft Supplemental Environmental Impact Statement in April 2025. The NRC will forward the draft supplement to you for your review and comment. This draft supplement will include identification of historic properties, historic and cultural resources, assessment of impacts, and a preliminary determination. After consideration of public comments and comments received from consulting parties, the NRC plans to issue the final supplement, in October 2025.

If you have any questions concerning the NRCs license renewal review, please contact Jennifer Davis, staff archaeologist, at 301-415-3835 or by email at Jennifer.Davis@nrc.gov; or Ashley Waldron, by phone at 301-415-7317 or via email at Ashley.Waldron@nrc.gov.

Sincerely, Theodore Smith, Acting 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 Signed by Smith, Theodore on 10/24/24

G. Cheatham 3

SUBJECT:

REQUEST TO INITIATE SECTION 106 CONSULTATION 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 MRome, NMSS/REFS JDavis, NMSS/REFS KLoomis, NMSS/REFS NMorgan, NMSS/MSST TKeene, OEDO/AO SBurnell, HQ/OPA CWolf, OCA ADAMS Package Accession No:ML24285A145 (Letter)* via email OFFICE NMSS/REFS NMSS/REFS NMSS/REFS NMSS/REFS NAME JDavis AWalker-Smith AWaldron SKoenick DATE 10/11/2024 10/11/2024 10/16/2024 10/16/2024 OFFICE NMSS/REFS NMSS/REFS NAME MRome TSmith DATE 10/17/2024 10/21/2024 OFFICIAL RECORD COPY October 24, 2024 Area Map, 50-mile radius CPS Unit 1, Area of Potential Effect Area Map, 6-mile radius