ML24299A130
ML24299A130 | |
Person / Time | |
---|---|
Site: | Vallecitos Nuclear Center, Vallecitos |
Issue date: | 11/07/2024 |
From: | William Allen NRC/NMSS/DDUWP/URMDB |
To: | Self L NorthStar Vallecitos |
References | |
EPID L-2024-LLA-0137 | |
Download: ML24299A130 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Luke M. Self, Vice President NorthStar Vallecitos, LLC 6705 Vallecitos Rd.
Sunol, CA 94586
SUBJECT:
VALLECITOS NUCLEAR CENTER HISTORIC AND CULTURAL RESOURCES AMENDMENT REQUEST FOR SUPPLEMENTAL INFORMATION (L-2024-LLA-0137)
Dear Luke Self:
The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed your application dated September 26, 2024 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML24270A224), for Nuclear Regulatory Commission (NRC) review of major decommissioning activities, as defined in 10 CFR 50.2, that could diminish the historic integrity (e.g., physical demolition) of select Vallecitos Nuclear Center (VNC) structures deemed potentially eligible for placement on the National Register of Historic Places (NRHP).
Specifically, physical demolition of the Vallecitos Boiling Water Reactor and General Electric Test Reactor, which are deemed potentially eligible for the NRHP, could result in an environmental impact not bounded by the conclusions in section 4.3.14 of NUREG-0586, Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities:
Regarding the Decommissioning of Nuclear Power Reactors, Supplement 1 (ADAMS Accession No. ML023470304) with regard to cultural, historic, and archaeological resources if appropriate mitigation is not developed in consultation with the State Historic Preservation Office.
During the acceptance review, the NRC staff determined that supplemental information is needed to complete the detailed safety and environmental review in a timely manner. The information needed to continue our review is described in the enclosure to this letter as a request for supplemental information. Please provide the requested supplemental information no later than December 5, 2024. The staff will evaluate them upon receipt.
November 7, 2024
L. Self 2
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of the NRCs ADAMS. ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. If you have any questions regarding this matter, please contact me by telephone at (301) 415-6877 or via e-mail at william.allen@nrc.gov.
Sincerely, Chris Allen, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos. 50-18 and 50-70 License Nos. DPR-1 and TR-1 EPID No. L-2024-LLA-0137 cc: GEVallecitos Listserv Signed by Allen, William on 11/07/24
Enclosure U.S. NUCLEAR REGULATORY COMMISSION REQUEST FOR SUPPLEMENTAL INFORMATION REGARDING THE HISTORIC AND CULTURAL RESOURCES AMENDMENT REQUEST FOR VALLECITOS NUCLEAR CENTER DOCKET NOS. 50-18 and 50-70 By letter dated September 26, 2024 (Agencywide Documents Access and Management System
[ADAMS] Accession No. ML24270A224) NorthStar Vallecitos, LLC (NSV) submitted a request for Nuclear Regulatory Commission (NRC) review of major decommissioning activities, as defined in 10 CFR 50.2, that could diminish the historic integrity (e.g., physical demolition) of select Vallecitos Nuclear Center (VNC) structures deemed potentially eligible for placement on the National Register of Historic Places (NRHP). Specifically, physical demolition of the Vallecitos Boiling Water Reactor (VBWR) and General Electric Test Reactor (GETR), which are deemed potentially eligible for the NRHP, could result in an environmental impact not bounded by the conclusions in section 4.3.14 of NUREG-0586, Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities: Regarding the Decommissioning of Nuclear Power Reactors, Supplement 1 (ADAMS Accession No. ML023470304) with regard to cultural, historic, and archaeological resources if appropriate mitigation is not developed in consultation with the State Historic Preservation Office.
Technical Review NRC regulations at 10 CFR 50.90 state, in part, that [w]henever a holder of a licensedesires to amend the license, application for an amendment must be filed with the Commission, as specified in §§50.4 or 52.3 of this chapter, as applicable, fully describing the changes desired, and following as far as applicable, the form prescribed for original applications. Therefore, the NRC staff has the following requests for supplemental information.
Regulatory Basis:
The regulations at 10 CFR 50.90 require that the holder of a license submit an application to amend the license and that the application fully describe the changes desired.
APPLICANT QUALIFICATIONS The application submitted by NSV, dated September 26, 2024, is associated with License Nos.
DPR-1 and TR-1. However, NSV is not the license holder of License Nos. DPR-1 and TR-1 until all transactions are completed related to the ongoing license transfer.
Request: Provide documentation demonstrating that NSV is acting on behalf of General Electric Hitachi, LLC which is the holder of License Nos. DPR-1 and TR-1.
2 Environmental Review Regulatory Basis:
The NRCs staff is developing an environmental assessment to fulfill the requirements of the National Environmental Policy Act of 1969, as amended (NEPA), the Endangered Species Act (ESA) and the National Historic Preservation Act (NHPA). The NRC's NEPA implementing regulations are found in Title 10 of the Code of Federal Regulations (10 CFR) Part 51. The staff used the guidance in NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs, for its review of the application.
The regulations in 10 CFR 50.82(a)(6)(ii) require the evaluation of the impacts of certain major decommissioning activities on historic and cultural resources and NRHP-eligible properties.
The definition of major decommissioning activity is in 10 CFR 50.2, which states, Major decommissioning activity means, for a nuclear power reactor facility, any activity that results in permanent removal of major radioactive components, permanently modifies the structure of the containment, or results in dismantling components for shipment containing greater than class C waste in accordance with § 61.55 of this chapter.
HISTORIC PRESERVATION The application states that the request is being submitted consistent with the requirements of 10 CFR 50.82(a)(6). As a power reactor that has been identified as a historical landmark, the VBWR, which must be demolished and removed during decommissioning due to radioactive contamination, is subject to the requirement in 10 CFR 50.82(a)(6)(ii) and must be evaluated under NHPA Section 106 consultation requirements. However, the GETR is not subject to this regulation. The regulations in 10 CFR 50.82(b) govern license termination for the GETR. Per 10 CFR 50.82(b)(1), a decommissioning plan must be submitted to terminate the GETR license.
Per 10 CFR 50.82(b)(5), decommissioning plan approval will cause the GETR license to be amended which would require an Environmental Assessment, and consequently, an NHPA Section 106 evaluation. Since the application does not invoke regulations applicable to the GETR, it is not clear to the staff what licensing action is being requested for the GETR.
Request: Please confirm the application is requesting an NHPA Section 106 analysis of the GETR to more efficiently meet future NHPA requirements for review of the GETR decommissioning plan.
ECOLOGY AND SECTION 7 CONSULTATION As required by 10 CFR 51.41 and 10 CFR 51.60(a)(b), applicants shall assess the impact of the proposed action on the environment, including threatened or endangered species. This analysis is also required in accordance with Federal laws protecting wildlife, including but not limited to, the ESA. The ESA regulations at 50 CFR 402 require Federal agencies to confer with the U.S. Fish and Wildlife service (FWS) concerning federally listed species and species proposed for Federal listing under ESA Section 7. Additionally, the implementing regulations for Section 7(a)(2) of the ESA define action area as all areas affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 CFR 402.02). The action area effectively bounds the analysis of federally listed species and critical habitats because only species and habitats that occur within the action areas may be affected by the Federal action.
3 Request:
a) The LAR should be updated to define the action area as required under the Endangered Species Act (ESA) Section 7(a)(2) and NRC regulation. The action area effectively bounds the analysis of federally listed species and critical habitats because only species and habitats that occur within the action area may be affected by the Federal action. Please describe the action area for the proposed action(s) related to the demolition of the facilities that fall within scope.
b) The LAR should be updated to include an assessment of the impacts to threatened and endangered species as required by Federal laws and the ESA. Please provide information concerning the presence of each of these species and suitable habitat within the action area, including information on any observations of species, local population abundances, presence of suitable habitat, etc. Provide copies of any ecological surveys or monitoring conducted at the site involving these species. Provide an analysis of the impacts of the proposed action on the species. Specifically, for each species, include the following information:
1.
San Joaquin kit fox: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, or fragmentation, and associated effects; (3) pesticide use and associated effects (4) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
2.
California condor: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2) habitat loss, degradation, or fragmentation, and associated effects; (3) lead poisoning and associated effects (4) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
3.
California least tern: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
4.
Alameda whipsnake: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
5.
Northwestern pond turtle: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
6.
California red-legged frog: The analysis for this species should address (1) mortality or injury from collisions/crushing with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
7.
California tiger salamander: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3)
4 behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
8.
Foothill yellow-legged frog: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
9.
Western spadefoot: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
- 10. Monarch butterfly: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; and (3) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
- 11. Vernal pool fairy shrimp: The analysis for this species should address (1) mortality or injury from collisions with structures and vehicles; (2)habitat loss, degradation, disturbance, or fragmentation, and associated effects; (3) pesticide usage and associated effects; and (4) behavioral changes resulting from site activities to include demolition, noise, vibration, among other impacts relevant to this species that NorthStar may identify.
If NorthStar identifies any other species of concern, please include an analysis of the impacts of the proposed action on these species.
References:
NSV (NorthStar Vallecitos, LLC), License Amendment Request - Historic and Cultural Resources Review Vallecitos Boiling Water Reactor and General Electric Test Reactor dated September 26, 2024. ADAMS accession number: ML24270A224.
Ltr ML24299A130 OFFICE NMSS/DUWP/RDB NMSS/REFS/ERMB NMSS/DUWP/RDB NMSS/REFS
/ETRB1 NAME WAllen JCaverly SAnderson MRome DATE Oct 29, 2024 Oct 31, 2024 Nov 7, 2024 Nov 7, 2024 OFFICE NMSS/REFS
/EPMB2 NMSS/DUWP/RDB NAME RSun WAllen DATE Nov 7, 2024 Nov 7, 2024