ML25030A310

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Cover Letter to State of Oh on Draft EA Regarding Davis Besse and Perry ISFSIs Updated Decommissioning Funding Plans
ML25030A310
Person / Time
Site: Davis Besse, 07200069  Cleveland Electric icon.png
Issue date: 02/24/2025
From: Boyce T
Storage and Transportation Licensing Branch
To: Salz C
State of OH, Emergency Management Agency
Shared Package
ML25030A309 List:
References
EPID L-2017-FPR-0019, EPID L-2017-FPR-0053
Download: ML25030A310 (1)


Text

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE OHIO EMERGENCY MANAGEMENT AGENCY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE OHIO EMERGENCY MANAGEMENT AGENCY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Christopher Salz, Chief Radiological Branch Ohio Emergency Management Agency 2855 West Dublin-Granville Road Columbus, OH 43235

SUBJECT:

REVIEW OF THE DRAFT ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR PERRY AND DAVIS-BESSE INDEPENDENT SPENT FUEL STORAGE INSTALLATIONS UPDATED DECOMMISSIONING FUNDING PLANS

Dear Mr. Salz:

By letters dated December 17, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18351A161), December 14, 2021 (ML21349A710), and December 17, 2024 (ML24352A204), Vistra Operations Company LLC (Vistra OpsCo) and the preceding license-holders submitted updated decommissioning funding plans (DFPs) for the independent spent fuel storage installation (ISFSI) at the Davis-Besse Nuclear Power Station, (DBNPS), located in Oak Harbor, OH, and the Perry Nuclear Power Plant (PNPP), located in Perry, OH, for U.S. Nuclear Regulatory Commission (NRC) staff review and approval. The NRC staff is currently reviewing these updated DFPs submitted by Vistra OpsCo.

Previously, by letters dated July 15, 2016 (ML16197A415), and October 26, 2016 (ML17142A072), the NRC consulted with the Ohio Emergency Management Agency, Department of Public Safety (State) regarding the initial and 2015 updated DFP submittals for the Davis-Besse and Perry ISFSIs (ML12352A194 and ML15343A350, respectively). The NRC staff noted that the State did not respond.

The NRC regulations at Title 10 of the Code of Federal Regulations (10 CFR) Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste, govern the storage of spent nuclear fuel (spent fuel) generated at commercial nuclear power reactors licensed by the NRC. Spent fuel that has been removed from the reactors spent fuel pool is typically stored at a nuclear power plants ISFSI.

The NRC requires its licensees to plan for the eventual decommissioning of their licensed facilities prior to license termination. On June 17, 2011, the NRC published a final rule Upon removal of the enclosure, this document is decontrolled.

February 24, 2025

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE OHIO EMERGENCY MANAGEMENT AGENCY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION C. Salz 2

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE OHIO EMERGENCY MANAGEMENT AGENCY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION amending its decommissioning planning regulations (76 Federal Register (FR) 35512). The final rule amended the NRC regulation, 10 CFR 72.30, which concerns financial assurance and decommissioning for ISFSIs. This regulation now requires each holder of, or applicant for, a license under 10 CFR Part 72 to submit, for NRC review and approval, a DFP. The purpose of the DFP is to demonstrate the licensees financial assurance (i.e., that funds will be available to decommission the ISFSI). The NRC staff is reviewing the information submitted by Vistra OpsCo.

Specifically, the NRC must determine whether the DBNPS and PNPP DFPs contain the information required by 10 CFR 72.30(c), and whether Vistra OpsCo has provided reasonable assurance that funds will be available to decommission DBNPS and PNPP ISFSIs.

In accordance with 10 CFR Part 51, which contains the NRC regulations that implement the National Environmental Policy Act of 1969, as amended, the agency has prepared separate draft environmental assessments (EAs) for the DBNPS and PNPP ISFSIs for the proposed action (enclosed). We are providing your office with the opportunity to review the draft EA and comment on environmental issues prior to the public issuance and publication of the EA. We request that distribution and use of the enclosed draft EA be limited only to those staff involved in the review and comment process.

Please submit any comments within 30 days from the date of this letter to the U.S. Nuclear Regulatory Commission, Document Control Desk, ATTN: Thomas H. Boyce, Mail Stop:

TWFN-4B34, U.S. Nuclear Regulatory Commission, Washington, DC 20555. If you have any questions, please contact Tilda Liu of my staff by telephone at 404-997-4730, or by email at Tilda.Liu@nrc.gov, or Donald Habib at 301-415-1035 or Donald.Habib@nrc.gov. The NRC staff will consider your timely comments and will revise the EA, as appropriate, before its final issuance and publication. Thank you for your assistance.

Sincerely, Thomas H. Boyce, Acting Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket Nos.: 72-14, 72-69 License Nos.: SFGL-04, SFGL-51 EPID Nos.: L-2017-FPR-0019; L-2017-FPR-0053

Enclosures:

1.

Draft EA for DBNPS ISFSI 2.

Draft EA for PNPP ISFSI Signed by Boyce, Thomas on 02/24/25

ML25030A309 (pkg), ML25030A310 (ltr),

ML25030A311 (DBNPS encl), ML25030A312 (PNPP encl)

OFFICE DFM/STLB:PM DFM/STLB:LA OGC (NLO)

NMSS/DFM/STLB:BC(A)

NAME DHabib WWheatley BVaisey TBoyce DATE 02/03/2025 02/03/2025 02/21/2025 02/24/2025