ML25006A151
| ML25006A151 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 01/16/2025 |
| From: | Tanya Smith NRC/NMSS/DREFS/ETRB2 |
| To: | Wind V Mille Lacs Band of Ojibwe |
| Shared Package | |
| ML25006A147 | List: |
| References | |
| Download: ML25006A151 (1) | |
Text
Virgil Wind, Chief Executive Mille Lacs Band of Ojibwe 43408 Oodena Drive Onamia, MN 56359
SUBJECT:
SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT CONSULTATION REGARDING THE MONTICELLO NUCLEAR GENERATING PLANT, UNIT 1 SUBSEQUENT LICENSE RENEWAL (DOCKET NUMBER: 50-263)
Dear Chief Executive Virgil Wind:
On March 13, 2023, the U.S. Nuclear Regulatory Commission (NRC) initiated consultation under Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended, with the Mille Lacs Band of Ojibwe regarding the Monticello Nuclear Generating Plant, Unit 1 (Monticello) subsequent license renewal application (Agencywide Documents Access and Management System Accession No. ML23069A280). In accordance with Title 36 of the Code of Federal Regulations (36 CFR) Section 800.8(c), the NRC staff elected to use the National Environmental Policy Act (NEPA) of 1969, as amended, process to comply with its obligations under Section 106 of the NHPA of 1966, as amended. In accordance with the Commission Memorandum and Order in CLI-22-3, as part of the NRC staffs review of the Monticello subsequent license renewal application, a site-specific environmental impact statement (EIS) was prepared. The EIS was prepared in accordance with 10 CFR Part 51, the NRCs environmental protection regulations. These regulations also implement Section 102(2) of the NEPA.
By letter dated April 24, 2024 (ML24106A110), the NRC staff notified the Mille Lacs Band of Ojibwe of the availability of the draft EIS, Site-Specific Environmental Impact Statement for License Renewal of Nuclear Plants Supplement 26, Second Renewal Regarding Subsequent License Renewal for Monticello Nuclear Generating Plant, Unit 1, Draft Report for Comment (ML24102A276). Following consideration of comments received on the draft EIS, by letter dated November 18, 2024 (ML24318C531), the NRC staff notified the Mille Lacs Band of Ojibwe of the issuance of the final EIS (FEIS), NUREG-1437, Site-Specific Environmental Impact Statement for License Renewal of Nuclear Plants Supplement 26, Second Renewal Regarding Subsequent License Renewal for Monticello Nuclear Generating Plant, Unit 1, Final Report (ML24309A221). The FEIS evaluated the environmental impacts of the proposed action (subsequent license renewal of Monticello) and alternatives to the proposed action. As discussed in the FEIS, the NRC staff determined that the adverse environmental impacts of the subsequent license renewal are not so great that preserving the option of license renewal for energy-planning decision-makers would be unreasonable. The NRC staff also determined that the undertaking will result in no historic properties affected, as defined in 36 CFR 800.4(d)(1).
January 16, 2025
V. Wind Over the course of the Section 106 consultation, our offices exchanged correspondence and held meetings to discuss this undertaking (ML23222A126, ML23237A264, ML23345A012 ML24023A090, ML24127A147, ML24285A013, ML24310A047, ML24346A035, ML24355A122).
The following provides a brief summary of the NHPA Section 106 consultation activities with your Tribe and consideration of comments.
Consideration of Scoping Comments On April 12, 2023 (ML23117A313), your office provided scoping comments in correspondence to the NRC. The scoping comments provided in the April 12, 2023, letter addressed the applicants (Xcel Energy) subsequent license renewal application, specifically the Environmental Report. NRC considered the scoping comment in the development of the EIS. In correspondence dated May 9, 2024 (ML24127A147) to your Tribe, the NRC discussed how the scoping comments your Tribe provided were considered in the development of the EIS.
Survey of Culturally Important Species and Site Visit During an August 10, 2023, teleconference (ML23237A264), your Tribe requested that an inventory of culturally important plant species be conducted to determine/identify if red cedar and wild rice are present on the Monticello site. Additionally, during this teleconference your Tribe requested to participate in surveys conducted on the Monticello site. In response, the NRC staff requested that Xcel Energy conduct a survey of culturally important plant species to determine if red cedar and wild rice are present within the Monticello site. Xcel Energy commissioned a cultural resource literature search and survey of culturally important plant species within the Monticello site. In support of a cultural resource literature search and survey, a field visit was conducted in October 2023 by representatives of Xcel Energy and a representative of the Mille Lacs Band of Ojibwes Tribal Historic Preservation Office was in attendance. During the October 2023 field visit, reconnaissance was conducted to determine the potential habitat areas of red cedar and wild rice. The red cedar survey was completed in December 2023 and the northern wild rice survey was completed in August 2024. Red cedar was documented within the Monticello site; however, the survey did not find wild rice populations within the Monticello site.
In September 2024 (ML24285A013), the NRC staff conducted a site visit and walkthrough with representatives of the Mille Lacs Band of Ojibwe to learn about your Tribes natural and cultural resources. During the September 2024 site visit, the Mille Lacs Band of Ojibwe shared Traditional Ecological Knowledge with NRC staff and reviewed the cultural resources literature search, the red cedar survey, wild rice survey, and Xcel Energys fleet procedure on the protection of cultural resources.
Updates to Fleet Procedure During a January 2023 teleconference with NRC staff (ML24023A090), the Mille Lacs Band of Ojibwe requested that should ground disturbance occur within the Monticello site, a Tribal monitor should be present. Xcel Energy updated its fleet procedure on the protection of cultural resources to stipulate that the Mille Lacs Band of Ojibwe will be notified and invited to monitor ground disturbing activities that occur in areas of high potential for intact archaeological resources. During the September 2024 site visit, representatives of the Mille Lacs Band of Ojibwe reviewed Xcel Energys updated procedures that included this stipulation. During the site visit, the Mille Lacs Band of Ojibwe provided comments related to the fleet procedure.
Additionally, during an October 2024 teleconference with NRC staff, the Mille Lacs Band of
V. Wind Ojibwe stressed the importance of the history of the Monticello site and stated that Xcel Energys procedures should notify interested Tribes that have historic ties to the Monticello site, not just the Mille Lacs Band of Ojibwe, to monitor ground disturbing activities. In correspondence dated October 15, 2024 (ML24289A175), Xcel Energy confirmed that its fleet procedure was revised to address the comments your Tribe provided during the October 2024 site visit. In correspondence dated December 5, 2024 (ML24346A095), Xcel Energy notified the NRC that it completed updating its fleet procedure to notify and invite interested consulting Tribes (Lower Sioux Indian Community, Mille Lacs Band of Ojibwe, and Shakopee Mdewakanton Sioux Community on) to monitor ground disturbing activities.
On December 30, 2024, the NRC issued Subsequent Renewed Facility Operating License No.
DPR-22 to Northern States Power CompanyMinnesota (a subsidiary of Xcel Energy, Inc.) for Monticello Nuclear Generating Plant Unit 1. The NRC has prepared a record of decision (ML24324A212) that supports the decision to operate Monticello for an additional 20 years (90 FR 339).
Thank you for your time, assistance, and cooperation in the NHPA Section 106 consultation process for the Monticello subsequent license renewal application. The NRC staff appreciates your interest and assistance in this matter.
If you have any questions about this matter, please contact Nancy Martinez, by phone at 630-829-9734 or via email at Nancy.Martinez@nrc.gov, or Jessica Umana, by phone at 301-415-5207 or via email at Jessica.Umana@nrc.gov.
Sincerely, Theodore Smith, Acting Deputy Director Division of Rulemaking, Environmental and Financial Support Office of Nuclear Material Safety and Safeguards Docket No. 50-263 cc:
Kelly Applegate, Commissioner of Natural Resources Susan Klapel, Executive Director of Natural Resources Charlie Lippert, Air Quality Specialist Luther Sam, THPO Assistant Mike Wilson, Tribal Historic Preservation Officer Signed by Smith, Theodore on 01/16/25
ML25006A151 OFFICE SME:REFS LR:REFS PM:REFS BC: REFS OGC DEP.DIR:REFS NAME NMartinez MCampestrin JUmana MRome StTurk TSmith DATE 01/06/2025 01/07/2025 01/07/2025 01/08/2025 01/14/2025 01/16/2025