ML24303A043

Letter to E. Elizondo, Sr. Chairman Request to Initiate Section 106 Consultation for SLR of DNP Station

ML24303A043
Person / Time
Site:	Dresden
Issue date:	11/01/2024
From:	Tanya Smith Office of Nuclear Material Safety and Safeguards
To:	Elizondo E Kickapoo Traditional Tribe of Texas
References
Download: ML24303A043 (1)

Text

November 1, 2024

Estavio Elizondo, Sr., Chairman Kickapoo Traditional Tribe of Texas 2212 Rosita Valley Road Eagle Pass, TX 78852

SUBJECT:

REQUEST TO INITIATE SECTION 106 CONSULTATION FOR SUBSEQUENT LICENSE RENEWAL OF DRESDEN NUCLEAR POWER STATION UNITS 2 AND 3 (DOCKET NUMBERS: 50-237 AND 50-249)

Dear Chairman Estavio Elizondo,

Sr:

The U.S. Nuclear Regulatory Commission (NRC) is conducting a review of the environmental effects of renewing the operating licenses for Dresden Nuclear Power Station (DNPS) Units 2 and 3. DNPS is operated by Constellation Energy Generation, LLC (CEG) and is located in Grundy and Will Counties, Illinois (see Enclosure 1). CEG submitted an application for the subsequent renewal of DNPS operating licenses in a letter dated April 17, 2024, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 54.

The NRC has defined subsequent license renewal to be the period of extended operation from 60 years to 80 years. 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 renewed the operating licenses on October 28, 2004; the current Unit 2 operating license expires on December 22, 2029, and the Unit 3 operating license expires on January 12, 2031. If approved, the requested renewals would extend the operating license expiration dates to December 22, 2049, for Unit 2, and January 12, 2051, for Unit 3.

As part of the NRCs license renewal review, a plant-specific supplement to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, NUREG-1437, is prepared in accordance with 10 CFR 51, of the NRCs environmental protection regulations.

These regulations also implement Section 102(2) of the National Environment Policy Act of 1969, as amended (NEPA). In accordance with 36 CFR 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 inform you about the NRCs environmental review and to initiate Section 106 consultation with your office under NHPA.

E. Elizondo, Sr 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 Enclosures 2 and 3). The APE may extend beyond the DNPS site if CEG maintenance and operational activities affect offsite historic properties. This determination is made irrespective of land ownership or control.

Pursuant to 10 CFR 51.28 and 36 CFR 800.2(c), the NRC wishes to ensure that Indian Tribes that might have an interest in any potential historic properties in the APE are afforded the opportunity to identify their concerns. The NRC invites you to provide input relating to the NRCs environmental review of the subsequent license renewal application. Please provide any comments that you may have 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 environmental report portion of the application is listed under ML24108A011.

The NRC expects to publish a draft supplemental environmental impact statement (SEIS) in June 2025. The NRC will forward the draft SEIS to you for your review and comment. This draft SEIS 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 SEIS, in October 2025.

You may submit any comments or questions concerning the NRCs license renewal review to Jennifer Davis, Staff Archaeologist, by phone at 301-415-3835 or via email at Jennifer.Davis@nrc.gov; or Tam Tran, Environmental Project Manager by phone at 301-415-3617 or via email at Tam.Tran@nrc.gov.

Sincerely, Signed by Smith, Theodore on 11/01/24

Theodore Smith, Acting Deputy Director Division of Rulemaking, Environment, and Financial Support Office of Nuclear Material Safety and Safeguards

Docket Nos. 50-237 and 50-249

Enclosures:

1. DNPS and 50-Mile Radius

2. 1961 Topographic Map

3. DNPS APE

cc: Listserv Hector Gonzalez, Legal Department hector.gonzalez@ktttribe.org

ML24291A025 *concurred via email OFFICE NMSS/REFS NMSS/REFS NMSS/REFS NMSS/REFS NMSS/REFS NAME AWalker-Smith JDavis TTran MRome JDavis

DATE 10/ /2024 10/ /2024 10/ /2024 10/ /2024 10/ /2024 OFFICE NMSS/REFS NAME TSmith DATE 10/ /2024 Dresden Nuclear Power Station Site and 50-Mile Radius

Enclosure 1 1961 Topographic Map

Enclosure 2 Dresden Nuclear Power Station Area of Potential Effect

Enclosure 3