ML15037A298

Section 106 Letter to State Historic Preservation Officer Humboldt Bay Power Plant

ML15037A298
Person / Time
Site:	Humboldt Bay
Issue date:	02/18/2015
From:	Marissa Bailey Division of Fuel Cycle Safety, Safeguards, and Environmental Review
To:	Roland-Nawi C State of CA, Dept of Parks & Recreation
Bjornsen A
References
Download: ML15037A298 (6)

Text

February 18, 2015 Dr. Carol Rowland-Nawi State Historic Preservation Officer Natural Resources Agency Office of Historic Preservation Department of Parks and Recreation 1725 23rd Street, Suite 100 Sacramento, CA 95816-7100

SUBJECT:

SECTION 106 CONSULTATION REGARDING THE PROPOSED AMENDMENT TO LICENSE NO. DPR-7 FOR THE HUMBOLDT BAY POWER PLANT UNIT 3 LICENSE TERMINATION PLAN (DOCKET NO. 50133)

Dear Dr. Rowland-Nawi:

Thank you for your letter of April 10, 2014, offering comments on the above-referenced action for the proposed activity. The U.S. Nuclear Regulatory Commission (NRC) is requesting the initiation of Section 106 consultation under the National Historic Preservation Act of 1966 with your office. In your April 10, 2014, letter you referenced the NRCs plan to rely upon the process under Title 36 of the Code of Federal Regulations (36 CFR) part 800.8 to meet its Section 106 responsibilities. However, the NRC, in a discussion with your staff, has subsequently determined not to use the 36 CFR 800.8 process, but will comply with its Section 106 responsibilities separately from its National Environmental Policy Act (NEPA) analysis.

The proposed undertaking is the NRCs approval of the license termination plan (LTP) submitted by its licensee, Pacific Gas & Electric Company (PG&E), for its decommissioned nuclear power plant, Humboldt Bay Power Plant (HBPP) Unit 3. The privately owned HBPP Unit 3 is situated south of Eureka, CA, on the eastern shore of Humboldt Bay. PG&E has submitted its LTP in accordance with NRC regulation 10 CFR 50.82(a)(9).1 The area of potential effect (APE) is the site of HBPP Unit 3, including the intake and discharge canals, and other associated structures. Those are considered the direct APE (the area of disturbance).

The indirect APE includes the remainder of the 143-acre HBPP site, and locations where site activity can either be seen or heard. These areas include portions of the King Salmon community, residences on the east side of U.S. 101, and vehicles travelling on U.S. 101. As of November 2014, many of the structures associated with HBPP Unit 3 have been demolished or dismantled. The visual APE is limited in area.

Also noted in your letter of April 10, 2014, the HBPP Unit 3 facility is more than 50 years old, and thus meets a basic threshold for evaluating properties for potential eligibility to the National Register of Historic Places (NRHP). PG&E, through JRP Historical Consulting, LLC., prepared a Historic American Engineering Report (HAER) in 2012, as recordation of HBPP Unit 3 and its associated facilities. The National Park Service accepted the HAER as a donation in 2012. The Humboldt Bay Power Plant is designated as HAER No. CA-2293.2 1

The criteria for NRC approval of the LTP is set forth in 10 CFR 50.82(a)(10).

2 HAER No. CA-2293 is available at http://www.loc.gov/pictures/collection/hh/item/ca3878/.

Dr. Rowland-Nawi 2 According to the HAER, HBPP Unit 3 was found eligible for listing on the NRHP as it meets both Criterion A and Criterion C of the National Park Services National Register Bulletin, How to Apply the National Register Criteria for Evaluation.3 The HAER states that the eligibility determination was made by PAR Environmental Services, Inc., (PAR) in 2003. The HAER further states that your office concurred with PARs finding. In addition, the HAER notes that a second entity, Pacific Legacy, identified the entire HBPP site (within the fence line), including the non-nuclear Units 1 and 2, as constituting a district.4 Based upon the HAER, the NRC has concluded that HBPP Unit 3 is eligible for inclusion in the NRHP.

In addition, the NRC has determined that the APE contains no surviving archaeological or cultural resources given that the HBPP Unit 3 site has been previously disturbed and has been used continuously as an industrial site for several decades.5 6 7 The nearest historic site is Fort Humboldt, located just south of the City of Eureka in the Fort Humboldt State Historic Park.

Only the hospital building remains, but it is not within the area of the visual APE (it is 3 miles from the site).

The NRC, when it approves an LTP, is approving only; (a) the adequacy of the licensees decommissioning funding plan to assure that sufficient funding is available to complete the remaining radiological remediation activities; (b) the radiation-release criteria for license termination; and (c) the adequacy of the design of the final survey to verify that the release criteria have been met.8 Although 10 CFR 50.82(a)(9) requires the licensee to identify remaining dismantlement activities in its LTP, the NRCs approval or disapproval of the LTP does not control the licensees demolition or dismantlement of any buildings or structures.9 Therefore, the NRC concludes, pursuant to 36 CFR 800.4(d)(1), that its proposed approval of the LTP will have no effect on HBPP Unit 3 or other historic properties within the direct, indirect and visual APEs.

3 HAER No. CA-2293, pp. 37-39.

4 Units 1 and 2 do not operate under a NRC license.

5 Cultural Resources Monitoring Report and Recommendations, DZC Consulting, August 2013, p. 29.

6 Cultural Resources Study for the Humboldt Bay Power Plant ISFSI Licensing Project, PAR Environmental Services, Inc., August 2003, pp. 40-41.

7 Cultural Resources Inventory and Evaluation, PG&E, July 2013, pp. 9-11.

8 NUREG-1757, Vol. 2, Rev. 1, Consolidated Decommissioning Guidance, Appendix O, O-17. The statements of consideration, or preamble, for the NRCs final rule that amended 10 CFR 50.82 also describe the purpose of the LTP. 61 Fed. Reg. 39278, 39284 and 39289 (July 29, 1996).

9 See 61 Fed. Reg. at 39289.

Dr. Rowland-Nawi 3 Please let us know if you concur with the NRCs findings and conclusion or if you require additional information.10 My point of contact is Mr. Alan Bjornsen of my staff. Mr. Bjornsen can be contacted at (301) 415-1195, or via e-mail at Alan.Bjornsen@nrc.gov.

Sincerely,

/RA/

Marissa Bailey, Director Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards Docket No.: 50-133 License No.: DPR-7

Enclosures:

1. List of Cultural Resource References

2. List of Native American Tribes and Organizations 10 In accordance with 10 CFR 2.390 of the NRCs 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 Publically Available Records component of NRCs Agencywide Documents Access Management System (ADAMS). ADAMS is accessible from the NRC web site at http://www.nrc.gov/reading-rm/adams.html.

Dr. Rowland-Nawi 3 Please let us know if you concur with the NRCs findings and conclusion or if you require additional information.11 My point of contact is Mr. Alan Bjornsen of my staff. Mr. Bjornsen can be contacted at (301) 415-1195, or via e-mail at Alan.Bjornsen@nrc.gov.

Sincerely,

/RA/

Marissa Bailey, Director Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards Docket No.: 50-133 License No.: DPR-7

Enclosures:

1. List of Cultural Resource References

2. List of Native American Tribes and Organizations DISTRIBUTION: JHickman BWatson CErlanger LChang ML15037A298 OFFICE FCSE/ERB FCSE/ERB OGC ERB FCSE NAME ABjornsen AWalker-Smith A.Perrin for- LChang MBailey MSpencer DATE 2/6/2015 2/9/2015 2/10/2015 2/11 /2015 2/18/2015 OFFICIAL RECORD COPY 11 In accordance with 10 CFR 2.390 of the NRCs 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 Publically Available Records component of NRCs Agencywide Documents Access Management System (ADAMS). ADAMS is accessible from the NRC web site at http://www.nrc.gov/reading-rm/adams.html.

Cultural Resources References DZC Consulting, 2013. Cultural Resources Monitoring Report & Recommendations, Humboldt Bay Power Plant Decommissioning. Fairhaven, California. August 2013. ADAMS Accession No. ML14128A398.

Eureka Heritage Society, 2014. Eureka: An Architectural Review. Eureka, California. ISBN 978-0-9615004-0-5.

JRP Historical Consulting, LLC., 2012. Historic American Engineering Record, Humboldt Bay Power Plant - HAER No. CA-2293. Davis, California. March 2012.

JRP Historical Consulting, LLC., 2011. Mitigation Plan (Update), Humboldt Bay Power Plant (in Response to CEC CUL-10). Davis, California. October 2010. ADAMS Accession No. ML14128A111.

JRP Historical Consulting, LLC., 2009. Mitigation Plan (Update), Humboldt Bay Power Plant (in Response to CEC CUL-10). Davis, California. July 2009. ADAMS Accession No. ML14128A112.

Pacific Gas & Electric Company, 2013. Cultural Resources Inventory and Evaluation for the Humboldt Bay Power Plant Decommissioning Canal Remediation Project. San Ramon, California. July 2013. ADAMS Accession No. ML14177A282.

Pacific Gas & Electric Company, 2010. Archaeological Resources Protection Plan for the Humboldt Bay Power Plant Decommissioning Project. Humboldt County, California.

April 2010. ADAMS Accession No. ML14128A398 PAR Environmental Services, Inc., 2003 Cultural Resources Study for the Humboldt Bay Power Plant ISFSI Licensing Project, PAR Environmental Services, Inc., Sacramento, CA. August 2003 Enclosure 1

Native American Tribes List Preservation and Heritage Agencies cc: cc:

Mr. Len Bowman, Ms. Cynthia Gomez, Executive Director Bear River Band of Rohnerville Rancheria California Native American Heritage 27 Bear River Drive Corporation Loleta, CA 95551 915 Capitol Mall, Room 364 Sacramento, CA 95814 Mr. Ted Hernandez, Chairman Wiyot Tribe Mr. Larry Myers, Executive Director 1000 Wiyot Drive California Native American Heritage Loleta, CA 95551 Commission 915 Capitol Mall, Room 364 Ms. Claudia Brundin, Chairperson Sacramento, CA 95814 Blue Lake Rancheria 428 Chartin Road Mr. Olin Jones, Director P.O. Box 428 Office of Native American Affairs Blue Lake, CA 95525 California Attorney Generals Office P.O. Box 944255 Sacramento, CA 94244-2550 Enclosure 2