ML14041A064

Letter to Len Bowman Ltr Section 106 Consultation of the Nhpa Regarding Proposed Amendment to License No. DPR-7 for Th Humboldt Baby Power Plant Unit 3 Termination Plan

ML14041A064
Person / Time
Site:	Humboldt Bay
Issue date:	03/11/2014
From:	Persinko A NRC/FSME/DWMEP/DURLD
To:	Bowman L Bear River Band of Rohnerville Rancheria
Bjornsen A
References
Download: ML14041A064 (7)

Text

March 11, 2014 Mr. Len Bowman, Chairman Bear River Band of Rohnerville Rancheria 27 Bear River Drive Loleta, CA 95551

SUBJECT:

SECTION 106 CONSULTATION OF THE NATIONAL HISTORIC PRESERVATION ACT REGARDING THE PROPOSED AMENDMENT TO LICENSE NO. DPR-7 FOR THE HUMBOLDT BAY POWER PLANT UNIT 3 LICENSE TERMINATION PLAN

Dear Mr. Bowman:

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing a proposed license Amendment to approve the Humboldt Bay Power Plant (HBPP) Unit 3 License Termination Plan (LTP) submitted by Pacific Gas & Electric Company (PG&E) on May 3, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13130A009). PG&E is requesting an amendment to its License No. DPR-7, which, if approved would allow PG&E to terminate activities at HBPP Unit 3 and decommission remaining facilities on the site.

The HBPP Unit 3 is located on Buhne Point, a small peninsula on the eastern shore of Humboldt Bay, in Humboldt County, California. Unit 3 is located approximately 500 feet from the shore of Humboldt Bay.

The primary objective of the LTP is to restore the land at HBPP Unit 3 to an unrestricted release to its formerly occupied condition (prior to initial construction). The clean-up of residual radiological contamination associated with the historical power production is the plans objective. The actual termination of the license is expected in 2019, as there are still a number of major activities that need to be completed. These include the removal of the following significant features: spent fuel pool, caisson, waste buildings and vaults, as well as dredging and remediating the intake and discharge canals.

Pursuant to 10 CFR Part 51, the NRCs regulations that implement the National Environmental Policy Act of 1969 (NEPA), as amended, the NRC staff is preparing an Environmental Assessment (EA) for the proposed action (i.e., amendment to License No. DPR-7 to allow PG&E to terminate its license for the HBPP Unit 3). The purpose of the EA is to assess potential environmental impacts that could result from the decommissioning and dismantling of the remaining facilities on the site. In addition, the EA will also include an assessment of potential impacts to historic and cultural properties, in accordance with 36 CFR Part 800.8 (coordination with NEPA). The NRC staff uses the NEPA process to comply with its obligation under Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended, in lieu of the procedures set forth in 36 CFR Part 800.3 through 800.6. In order to identify issues relating to the proposed undertakings potential effects on historic properties, including those that may be of religious and cultural significance to Native American tribes. The NRC is requesting your input on its preliminary determination that the LTP will not adversely affect any historic sites and cultural resources.

L. Bowman 2 Previous Consultation (for issuance of the Independent Spent Fuel Storage Facility License)

With respect to the issuance of the HBPP Unit 3 Independent Spent Fuel Storage Facility (ISFSI) in 2005, the NRC staff analyzed the potential environmental impacts associated with construction, operation and decommissioning of the ISFSI. The staffs assessment was documented in an EA, dated October 2005 (ADAMS No. ML052430106). The NRC staff consulted with the following Native American groups during the review: California Native American Heritage Commission, Blue Lake Rancheria, Bear River Band of Rohnerville Rancheria, and Wiyot Tribe. Representatives from these groups expressed concerns over the potential for cultural resources to be affected. In Section 2.9.3 of the Environmental Report (PG&E 2005) (ADAMS No. ML033640453), PG&E committed to stopping all work, and taking appropriate actions if there are any inadvertent discoveries, so that historic sites and cultural resources would be appropriately handled and treated. PG&E has committed (EA, NRC 2005) to employ best management practices to protect local waters and nearby wetlands from site runoff, spillage and leaks, to employ erosion controls, and revegetation on disturbed areas.

Current Proposed Action and Consideration of License Termination Plan Amendment The current proposed action is a license amendment to authorize a plan to terminate License No. DPR-7 for the HBPP Unit 3. The plan includes decommissioning and dismantling of remaining on-site facilities, and to restore the site to its unrestricted former use. The proposed action involves various construction activities, land disturbance, excavation and other physical changes to the sites environment. The HBPP Unit 3 LTP is publically available in the NRC Public Document Room located at One White Flint North 11555 Rockville Pike Rockville, MD 20852 The ADAMS Public Electronic Reading Room is accessible at http://www.nrc.gov/reading-rm/adams.html. The ADAMS Accession Numbers for the HBPP Unit 3 license amendment application are found under Docket No. 50-133.

Please submit any written comments and information that you may wish to offer regarding this matter within 30 days of receipt of this letter to the NRC, Attention:

Document Control Desk Mr. Andrew Persinko, Deputy Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Programs U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

L. Bowman 3 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 Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Please reference Docket No. 50-133 in your response. If you have any questions or need additional information regarding the environmental review process for the proposed action, please contact Mr. Alan Bjornsen of my staff by telephone at (301) 415-1195, or by e-mail at Alan.Bjornsen@nrc.gov.

Thank you for your assistance.

Sincerely,

/RA/

Andrew Persinko, Deputy Director Decommissioning and Uranium Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-133 License No.: DPR-7 cc:

Humboldt Bay Service List Native American Tribes List Historic Preservation and Heritage Agencies

L. Bowman 3 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 Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Please reference Docket No. 50-133 in your response. If you have any questions or need additional information regarding the environmental review process for the proposed action, please contact Mr. Alan Bjornsen of my staff by telephone at (301) 415-1195, or by e-mail at Alan.Bjornsen@nrc.gov.

Thank you for your assistance.

Sincerely,

/RA/

Andrew Persinko, Deputy Director Decommissioning and Uranium Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-133 License No.: DPR-7 cc:

Humboldt Bay Service List Native American Tribes List Historic Preservation and Heritage Agencies ML14041A064 OFC FSME/DWMEP FSME/DWMEP FSME/DWMEP FSME/DWMEP FSME/DWMEP NAME ABjornsen AWalker-Smith JHickman KHsueh APersinko DATE 02/10/2014 02/10/2014 02/11/2014 03/7/2014 3/11/2014 OFFICIAL RECORD COPY

Humboldt Bay Service List cc:

California Public Utilities Commission Mr. Edward D. Halpin 505 Van Ness, Room 4102 Senior Vice President and San Francisco, CA 94102 Chief Nuclear Officer Pacific Gas and Electric Company Redwood Alliance P.O. Box 56 P.O. Box 293 Mail Code 104/6 Arcata, CA 95521 Avila Beach, CA 93424 Dr. Rich Ferguson, Energy Chair Loren Sharp Sierra Club California Director and Plant Manager 1100 11th Street, Suite 311 Humboldt Bay Nuclear Sacramento, CA 94814 Pacific Gas & Electric Company 1000 King Salmon Avenue Mr. Gonzalo Perez, Radiation Program Eureka, CA 95503 Director Radiologic Health Branch Jennifer K. Post Dept. of Health Services, MS-7610 Law Department P.O. Box 997414 Pacific Gas and Electric Company Sacramento, CA 95899-7414 77 Beale Street, B30A San Francisco, CA Stephen Hsu, M.S., Senior Health Physicist Radiological Assessment Unit Chairman, Humboldt County Board Radioactive Material Licensing Section of Supervisors Radiologic Health Branch County Courthouse Dept. of Health Services, MS-7610 825 Fifth Street P.O. Box 997414 Eureka, CA 95501 Sacramento, CA 95899-7414 Regional Administrator, Region IV Commissioner U.S. Nuclear Regulatory Commission California Energy Commission 611 Ryan Plaza Drive, Suite 400 1516 Ninth Street Arlington, TX 76011-8064 Sacramento, CA 95814 Deputy Attorney General State of California 110 West A Street, Suite 700 San Diego, CA 92101

Native American Tribes List cc:

Ms. Claudia Brundin, Chairperson Blue Lake Rancheria 428 Chartin Road P.O. Box 428 Blue Lake, CA 95525 Mr. Ted Hernandez, Chairman Wiyot Tribe 1000 Wiyot Drive Loleta, CA 95551

Preservation and Heritage Agencies cc:

Ms. Cynthia Gomez, Executive Director California Native American Heritage Corporation 915 Capitol Mall, Room 364 Sacramento, CA 95814 Mr. Larry Myers, Executive Director California Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814 Mr. Olin Jones, Director Office of Native American Affairs California Attorney Generals Office P.O. Box 944255 Sacramento, CA 94244-2550 Carol Rowland-Nawi, Ph.D.

State Historic Preservation Officer California Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816