ML20150A326

Encl: Environmental Assessment (Memo to File: Envir. Assessment and Finding of No Significant Impact for Exelon Generation Co., LLC Decommissioning Funding Plan Submitted in Accordance with 10 CFR 72.30(b) and (C) for Oyster Creek ISFSI)

ML20150A326
Person / Time
Site:	Oyster Creek
Issue date:	11/23/2020
From:	Division of Fuel Management
To:	Exelon Generation Co
White B
References
Download: ML20150A326 (8)

Text

Enclosure U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS DIVISION OF FUEL MANAGEMENT FINAL ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACTS FOR THE EXELON GENERATION COMPANY, LLC INITIAL AND UPDATED DECOMMISSIONING FUNDING PLANS SUBMITTED IN ACCORDANCE WITH 10 CFR 72.30(B) AND (C) FOR OYSTER CREEK INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NO. 72-15 LICENSE NO. SFGL-05

Enclosure TABLE OF CONTENTS Section Page

1.0 INTRODUCTION

1 1.1 Background....1 1.2 Proposed Action3 1.3 Purpose and Need for the Proposed Action.4 2.0 ENVIRONMENTAL IMPACTS.4 3.0 ALTERNATIVES5 4.0 AGENCIES AND PERSONS CONSULTED.5

5.0 CONCLUSION

AND FINDING OF NO SIGNIFICANT IMPACT...5

6.0 REFERENCES

..6

1

1.0 INTRODUCTION

Exelon Generation Company, LLC (EGC) submitted a decommissioning funding plan (DFP) to the U.S. Nuclear Regulatory Commission (NRC), and an update to the DFP, for the NRCs review and approval. The NRC prepared this environmental assessment (EA) and its associated finding of no significant impact (FONSI) in accordance with the NRC regulations at Title 10 of the Code of Federal Regulations (10 CFR) Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, that implement the National Environmental Policy Act of 1969 (NEPA), as amended,1 and the NRC staff guidance in NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs. This EA and FONSI document the NRCs compliance with NEPA.

1.1 Background

The NRC regulations at 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)2 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 independent spent fuel storage installation (ISFSI). The applicable NRC regulation defines an ISFSI as a complex designed and constructed for the interim storage of spent nuclear fuel, solid reactor-related

[Greater than Class C] waste, and other radioactive materials associated with spent fuel.3 The NRC requires its licensees to plan for the eventual decommissioning of their licensed facilities prior to license termination. The term decommission is defined as the removal of a facility or site safely from service, and the reduction in residual radioactivity to a level that permits either an unrestricted or restricted release of the property and termination of the applicable NRC license.4 An essential element of decommissioning is ensuring that licensees have adequate funds to pay the various decommissioning costs that may arise. Financial assurances are financial arrangements provided by a licensee, whereby funds for decommissioning will be available when needed.

On June 17, 2011, the NRC published a final rule amending its decommissioning planning regulations (76 Federal Register (FR) 35512). The final rule amended the NRCs regulations to improve decommissioning planning and thus, reduced the likelihood that any operating facility would become a legacy site. The statement of considerations for the June 2011 final rule states that a legacy site is a facility that is decommissioning and has an owner who cannot complete the decommissioning work for technical or financial reasons (76 FR 35516). According to the environmental assessment (EA) (NRC, 2009) that supported the June 2011 rulemaking, legacy 1 42 U.S.C. 4321 et seq.

2 The NRC defines spent fuel as fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one year's decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing. Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies (10 CFR 72.3, definition of Spent Nuclear Fuel or Spent Fuel).

3 10 CFR 72.3 (definition of Independent spent fuel storage installation or ISFSI).

4 10 CFR 72.3 (definition of Decommission). The NRCs criteria for unrestricted release and restricted release are set forth in 10 CFR 20.1402 and 20.1403, respectively. The NRC defines the term residual radioactivity as radioactivity in structures, materials, soils, groundwater, and other media at a site resulting from activities under the licensees control (10 CFR 20.1003, definition of residual radioactivity).

2 sites have two common characteristics: (1) subsurface residual radioactivity in amounts greater than anticipated and (2) insufficient funds to remediate the radiological contamination to levels that will meet the NRCs decommissioning criteria. The rulemaking EA further stated that numerous unremediated minor spills, accumulated over the lifetime of a facility, may lead to unanticipated levels of subsurface contamination that have not been adequately factored into decommissioning costs. The rulemaking EA concluded that the amendments were not expected to have any significant environmental impacts.

The June 2011 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 (hereafter, initial DFP). The purpose of the initial DFP is to demonstrate the licensees financial assurance, i.e., that funds will be available to decommission the ISFSI. Section 72.30(b) requires that the initial DFP contain a detailed decommissioning cost estimate (DCE) in an amount reflecting: (1) the cost of an independent contractor to perform all decommissioning activities, (2) an adequate contingency factor, and (3) the cost of meeting the 10 CFR 20.1402 unrestricted use criteria (or the cost of meeting the 10 CFR 20.1403 restricted use criteria, provided the licensee can demonstrate its ability to meet these criteria). The licensees initial DFP must also identify and justify using the key assumptions contained in the DCE. Further, the initial DFP must describe the method of assuring funds for ISFSI decommissioning, including means for adjusting cost estimates and associated funding levels periodically over the life of the ISFSI. Additionally, the initial DFP must specify the volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the criteria for license termination (either restricted or unrestricted release), and contain a certification that financial assurance for ISFSI decommissioning has been provided in the amount of the DCE. 5 In addition, Section 72.30(c) requires that at the time of license renewal and at intervals not to exceed 3 years, the licensee must resubmit an updated DFP, with adjustments as necessary to account for changes in cost and the extent of contamination. The resubmitted DFP (hereafter, updated DFP) must update the information submitted with the original or prior approved plan.

The updated DFP must also specifically consider the effect of the following events on decommissioning costs: (1) spills of radioactive material producing additional residual radioactivity in onsite subsurface material; (2) facility modifications; (3) changes in authorized possession limits; and (4) actual remediation costs that exceed the previous cost estimate.6 In accordance with 10 CFR 72.13(b) and 10 CFR 72.13(c), 10 CFR 72.30(b) and (c) are applicable to both specific-licensed and general-licensed ISFSIs.7 5 10 CFR 72.30(b)(1)-(6).

6 10 CFR 72.30(c)(1)-(4).

7 A specific license for the construction and operation of an ISFSI must be initiated by the submission of an application in accordance with the requirements of Subpart B of 10 CFR Part 72. NRC approval and issuance of a specific license, including the conditions of the license, is governed by Subpart C of 10 CFR Part 72. The specific license is a stand-alone document that is assigned a unique NRC license docketing number. A general license is considered an incident of a 10 CFR Part 50 or 52 reactor license (see 10 CFR 72.210). The conditions of the general license are set forth by regulation in 10 CFR 72.212.

The NRC does not issue any license document for a general license nor assign to it any unique NRC license docketing number.

3 The Oyster Creek ISFSI is located on the Oyster Creek Nuclear Generating Station site in Forked River, NJ. EGC8 was authorized by the NRC, under a general license (License No.

SFGL-05), to store spent nuclear fuel at the Oyster Creek ISFSI. By letter dated December 17, 2012, EGC submitted the initial DFP for the ISFSI at Oyster Creek Nuclear Generating Station for NRCs review and approval (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12353A488). By letter dated March 31, 2015, EGC submitted an updated DFP (ADAMS Accession No. ML15090A537). The NRC is reviewing both DFP submittals, the initial and triennial update.

In addition to preparing this EA and FONSI, the NRC staff is also conducting a financial review of EGCs submittals to determine whether they include the information required by 10 CFR 72.30(b) and (c), and, accordingly, whether EGC has provided reasonable assurance that funds will be available to decommission the ISFSI at the Oyster Creek Nuclear Generating Station site, including the requirement to meet the license termination criteria of 10 CFR 20.1402 or 10 CFR 20.1403.

1.2 Proposed Action The proposed Federal action is the NRC staffs review and approval of EGCs initial and updated DFPs submitted in accordance with 10 CFR 72.30(b) and (c). Specifically, the NRC must determine whether EGCs initial and updated DFPs contain the information required by 10 CFR 72.30(b) and (c) and whether EGC has provided reasonable assurance that funds will be available to decommission the ISFSI. In order to approve the initial DFP, the NRC evaluates (i) whether the DCE adequately estimates the cost to conduct the required ISFSI decommissioning activities prior to license termination, including identification of the volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the license termination criteria and, (ii) whether the aggregate dollar amount of EGCs financial instruments provides adequate financial assurance to cover the DCE and that the financial instruments meet the criteria of 10 CFR 72.30(e). In order to approve the updated DFP, the NRC evaluates whether the updated DFP has been adequately adjusted to account for changes in the DCE and the extent of contamination. Specifically, the NRC staffs review considers whether EGC has accurately updated the information submitted with the initial DFP and has specifically considered the effects of the following on decommissioning costs: spills of radioactive material producing additional residual radioactivity in onsite subsurface material, facility modifications, changes in authorized possession limits, and actual remediation costs that exceed the previous DCE.

EGC is not requesting changes to the ISFSIs licensed routine operations, maintenance activities, or monitoring programs, or proposing new construction or land-disturbing activities as part of the initial or updated DFPs. The scope of the proposed action concerns only the NRCs review and approval of EGCs initial and updated DFPs. The scope of this proposed action does not include, and will not result in, the review and approval of decontamination or decommissioning activities or license termination for the ISFSI or Oyster Creek Nuclear Generating Station nuclear reactor. Prior to license termination, EGC will need to decontaminate and decommission the ISFSI and nuclear power plant. As part of future decommissioning activities, EGC will submit, for NRC approval, a license termination plan in 8 As ordered on June 20, 2019 (ADAMS Accession No. ML19095A458) and effected in the license transfer amendment (ADAMS Accession No. ML19164A156) NRC authorized the transfer of the Oyster Creek ISFSI from EGC to Oyster Creek Environmental Protection, LLC and Holtec Decommissioning Inc.

4 accordance with 10 CFR 50.82. The NRC staff would conduct a separate environmental review in support of EGCs proposed decommissioning plan or license termination plan.

1.3 Purpose and Need for the Proposed Action The amended decommissioning planning rule (76 FR 35512) requires applicants and licensees to submit a DFP for NRC review and approval. Accordingly, the purpose and need for the proposed action is for the NRC to confirm that EGC will have sufficient funding to cover the costs of decommissioning the ISFSI.

2.0 ENVIRONMENTAL IMPACTS This EA addresses the environmental impacts of the NRC staffs review and approval of EGCs initial and updated DFPs, submitted in accordance with 10 CFR 72.30(b) and (c). A separate financial review of the DFPs, which evaluates the adequacy of the initial and updated DFPs, including the amount of the DCE and the method of assuring funds for decommissioning, will be documented by the NRC staff.

The NRCs approval of the initial and updated DFPs will not change the scope or nature of the operation of the ISFSI and will not authorize changes to licensed operations or maintenance activities. The NRCs approval of the initial and updated DFPs will not result in changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of solid waste. Moreover, the approval of the initial and updated DFPs will not authorize construction activity or facility modification.

Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA),9 requires Federal agencies to consider the effects of their undertakings on historic properties. In accordance with the NHPA implementing regulations at 36 CFR Part 800, Protection of Historic Properties, the NRCs approval of EGCs initial and updated DFPs constitutes a Federal undertaking.10 The NRC, however, has determined that the approval of the initial and updated DFPs is a type of undertaking that does not have the potential to cause effects on historic properties, assuming such historic properties were present, because the NRCs approval of EGCs initial and updated DFPs will not authorize or result in changes to licensed operations or maintenance activities, or changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of solid waste. Moreover, the approval of the initial and updated DFPs will not authorize construction activity, facility modification, or other land-disturbing activity. Additionally, future NRC approval of site-disturbing remediation activities conducted by EGC would require an NRC environmental review, including a Section 106 review. This environmental review would be conducted as part of the NRCs review and approval of EGCs license termination plans (per 10 CFR 50.82). Therefore, in accordance with 36 CFR 800.3(a)(1), no consultation is required under Section 106 of the NHPA.

Under Section 7 of the Endangered Species Act (ESA) of 1973,11 prior to taking a proposed action, a Federal agency must determine whether (i) endangered and threatened species or their critical habitats are known to be in the vicinity of the proposed action and if so, whether (ii) the proposed Federal action may affect listed species or critical habitats. The NRC has 9 See 54 U.S.C. 30618.

10 See 36 CFR 800.16(y).

11 See 16 U.S.C. 1531 et seq.

5 determined that the proposed action will have no effect on listed species or their critical habitats because the NRCs approval of EGCs initial and updated DFPs will not authorize or result in changes to licensed operations or maintenance activities, or changes in the types, characteristics, or quantities of radiological or non-radiological effluents released into the environment from the ISFSI, or result in the creation of solid waste. Moreover, the approval of the initial and updated DFPs will not authorize construction activity, facility modification, or other land-disturbing activity.

Future NRC approval of site-disturbing remediation activities conducted by EGC would require an additional NRC environmental review, including an ESA review. This environmental review would be conducted as part of the NRCs review and approval of EGCs license termination plan (per 10 CFR 50.82).

Therefore, the NRC staff has determined that the approval of the initial and updated DFPs is a procedural and administrative action that will not result in significant impact to the environment.

3.0 ALTERNATIVES NEPA requires that Federal agencies consider alternatives to the proposed action (Section 102(2)(E) of NEPA). In addition to the proposed action, the NRC evaluated one alternative. The alternative action was to review but deny EGCs initial and updated DFPs (i.e., the no-action alternative). The NRC, however, would then request EGC to supplement or amend its proposed DFP to provide the required information in 10 CFR 72.30(b) and (c) and demonstrate adequate decommissioning financial assurance. The NRC could also take enforcement action, as needed, to reinstate compliance with 10 CFR 72.30(b) and (c). The end result would be the licensees compliance with 10 CFR 72.30(b) and (c), leading to eventual NRC approval of the initial and updated DFPs. Therefore, for the no-action alternative, the environmental impacts would be the same as those evaluated for approving the initial and updated DFPs. Approving the DFPs has no significant impact on the environment as discussed in Section 2.0 of this EA.

4.0 AGENCIES AND PERSONS CONSULTED The NRC consulted with the New Jersey Department of Environmental Protection Division of Environmental Safety and Health (State) on October 19, 2016, via letter (ADAMS Accession No. ML16294A069). The State did not respond.

The NRC staff has determined that Section 7 consultation is not required for ISFSI DFP reviews because the proposed action is a procedural and administrative action that will not affect listed species or critical habitat. This determination is documented in a May 15, 2017, Note to File (ADAMS Accession No. ML17135A062).

5.0 CONCLUSION

AND FINDING OF NO SIGNIFICANT IMPACT Based on its review of the proposed action and in accordance with the requirements in 10 CFR Part 51, the NRC staff has determined that approval of EGCs proposed DFPs will not significantly affect the quality of the human environment. NRC approval of the proposed DFPs does not result in changes in licensed activities, maintenance or construction activities, or effect changes in the permitted types or amounts of radiological effluents. Therefore, the NRC staff has determined that pursuant to 10 CFR 51.31, preparation of an environmental impact

6 statement is not required for the proposed action and, pursuant to 10 CFR 51.32, a finding of no significant impact (FONSI) is appropriate.

6.0 REFERENCES

This FONSI, EA, and references related to this action can be found online at the NRCs Electronic Reading Room or the NRCs webpage, www.nrc.gov. The Electronic Reading Room can be accessed at http://www.nrc.gov/reading-rm/adams.html. From this website, you can access ADAMS, which provides text and image files of NRCs public documents. The ADAMS accession numbers for the documents are provided in this section.

If you do not have access to ADAMS or if there are problems in accessing ADAMS, contact the NRCs public document room staff at 1-800-397-4209 or by email at pdr@nrc.gov.

49 FR 9381. Federal Register Notice. Final Rule Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions and Related Conforming Amendments.

March 12, 1984.

76 FR 35512. Federal Register Notice. Final Rule Decommissioning Planning.

June 17, 2011.

NRC, 2003. U.S. Nuclear Regulatory Commission. 2003/08/31-NUREG-1748, Environmental Review Guidance for Licensing Actions Associated With NMSS Programs, Final Report.

Washington, DC. August 2003. ADAMS Accession No. ML032540811.

NRC, 2009. U.S. Nuclear Regulatory Commission. Environmental Assessment re: Final Rule:

Decommissioning Planning (10 CFR Parts 20, 30, 40, 50, 70, and 72; RIN 3150-AI55).

Washington, DC. February 2009. ADAMS Accession No. ML090500648.

NRC, 2017. U.S. Nuclear Regulatory Commission. ESA Section 7 No Effect Determination for ISFSI DFP Reviews (Note to File). May 2017. ADAMS Accession No. ML17135A062.

EGC, 2012. Proposed Independent Spent Fuel Storage Installation (ISFSI) Decommissioning Funding Plans for Braidwood, Byron, Dresden, LaSalle, Limerick, Oyster Creek, Peach Bottom, Quad Cities, and Salem. December 17, 2012. ADAMS Accession No. ML12353A488.

EGC, 2015. Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installation. March 31, 2015. ADAMS Accession No. ML15090A537.

EGC, 2018. Response to Request for Additional Information Regarding Decommissioning Funding Plans for Independent Spent Fuel Storage Installations (ISFSls). May 2, 2018. ADAMS Accession No. ML18124A197.