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| {{#Wiki_filter:U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS DIVISION OF FUEL MANAGEMENT FINAL ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR ENTERGY NUCLEAR OPERATIONS, INCS INITIAL AND UPDATED DECOMMISSIONING FUNDING PLANS SUBMITTED IN ACCORDANCE WITH 10 CFR 72.30(B) AND (C) FOR JAMES A. FITZPATRICK NUCLEAR POWER PLANT INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NO. 72-12 LICENSE NO. SFGL-12 | | {{#Wiki_filter:}} |
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| TABLE OF CONTENTS
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| ==1.0 INTRODUCTION==
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| ................................................................................................................ 1 1.1 Background .................................................................................................................... 1 1.2 Proposed Action ............................................................................................................. 3 1.3 Purpose and Need for the Proposed Action ................................................................... 4 2.0 ENVIRONMENTAL IMPACT .............................................................................................. 4 3.0 ALTERNATIVES ................................................................................................................ 5 4.0 AGENCIES AND PERSONS CONSULTED ...................................................................... 5
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| ==5.0 CONCLUSION==
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| AND FINDING OF NO SIGNIFICANT IMPACT ........................................ 6
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| ==6.0 REFERENCES==
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| ................................................................................................................... 6
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| ==1.0 INTRODUCTION==
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| Entergy Nuclear Operations, Inc. (Entergy) 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 approvalboth of which it later supplemented. 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)
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| 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 documents the NRCs compliance with NEPA.
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| 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
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| [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.
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| 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 35512, 35516). According 1
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| 42 U.S.C. 4321 et seq.
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| 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).
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| 3 10 CFR 72.3 (definition of Independent spent fuel storage installation or ISFSI).
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| 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).
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| 1
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| to the EA (NRC, 2009) that supported the June 2011 rulemaking, legacy 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.
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| 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.
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| 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 The FitzPatrick ISFSI is located on the site of James A. FitzPatrick Nuclear Power Plant in Scriba, NY. At the time of its submittals, Entergy was authorized by the NRC, under a general 5
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| 10 CFR 72.30(b)(1)-(6).
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| 6 10 CFR 72.30(c)(1)-(4).
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| 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.
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| The NRC does not issue any license document for a general license nor assign to it any unique NRC license docketing number.
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| 2
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| license (License No. SFGL-12), to store spent nuclear fuel at the FitzPatrick ISFSI.8 By {{letter dated|date=December 13, 2012|text=letter dated December 13, 2012}}, Entergy submitted the initial DFP for the ISFSI at James A.
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| FitzPatrick Nuclear Power Plant, for NRCs review and approval (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12352A126). By {{letter dated|date=January 8, 2013|text=letter dated January 8, 2013}}, Entergy supplemented its initial DFP to correct an administrative error in a summary table included in the submittal (ADAMS Accession No. ML13010A042). By {{letter dated|date=December 17, 2015|text=letter dated December 17, 2015}}, Entergy submitted an updated DFP (ADAMS Accession No. ML15351A524). The NRC issued a Request for Additional Information (RAI) by {{letter dated|date=April 5, 2018|text=letter dated April 5, 2018}} (ADAMS Accession No. ML18094B093). Entergy provided responses to the RAI on June 4, 2018 (ADAMS Accession No. ML18155A576).9 The NRC staff is reviewing both DFP submittals, the initial and triennial update.
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| In addition to preparing this EA and FONSI, the NRC staff is also conducting a financial review of Entergys submittals to determine whether they include the information required by 10 CFR 72.30(b) and (c), and, accordingly, whether Entergy has provided reasonable assurance that funds will be available to decommission the ISFSI at the FitzPatrick Nuclear Power Plant site, including the requirement to meet the license termination criteria of 10 CFR 20.1402 or 10 CFR 20.1403.
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| 1.2 Proposed Action The proposed Federal action is the NRC staffs review and approval of Entergys initial and updated DFPs submitted in accordance with 10 CFR 72.30(b) and (c). Specifically, the NRC must determine whether Entergys initial and updated DFPs contain the information required by 10 CFR 72.30(b) and (c) and whether Entergy 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 Entergys 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 NRCs review considers whether Entergy 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.
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| 8 By order dated March 1, 2017 (ADAMS Accession No. ML17041A196) and effected in the license transfer amendment on March 31, 2017 (ADAMS Accession No. ML17082A283), the NRC staff authorized the direct transfer of the James A. FitzPatrick Nuclear Power Plant Operating License and the generally licensed FitzPatrick ISFSI from Entergy Nuclear Operations, Inc. to Exelon Generation Company, LLC. By order dated November 7, 2017 (ADAMS Accession No. ML17240A069) and effected in the license transfer amendment on November 30, 2017 (ADAMS Accession No. ML17313A077), the NRC staff authorized the direct transfer of the James A. FitzPatrick Nuclear Power Plant Operating License and the generally licensed FitzPatrick ISFSI from Exelon Generation Company, LLC. to Exelon FitzPatrick, LLC (Exelon).
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| 9 The NRC staff issued these RAIs after authorizing the FitzPatrick ISFSIs license transfer. As noted in the cover letter accompanying its RAI responses, Entergy responded to the RAI because the revised DFP submitted in response were as of December 31, 2015, when Entergy still operated the ISFSI.
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| Entergy 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 DFP. The scope of the proposed action concerns only the NRCs review and approval of Entergys 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 for other parts of James A.
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| FitzPatrick Nuclear Power Plant. Prior to license termination, Exelon will need to decontaminate and decommission the ISFSI. As part of future decommissioning activities, Exelon will submit, for NRC approval, a license termination plan in accordance with 10 CFR 50.82. The NRC staff would conduct a separate environmental review in support of Exelons proposed license termination plan.
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| 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 Entergy will have sufficient funding to cover the costs of decommissioning the ISFSI.
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| 2.0 ENVIRONMENTAL IMPACT This EA addresses the environmental impact of the NRCs review and approval of Entergys 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.
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| 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.
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| Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA),10 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 Entergys initial and updated DFPs constitutes a Federal undertaking.11 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 Entergys 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 Exelon would require an 10 See 54 U.S.C. 30618.
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| 11 See 36 CFR 800.16(y).
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| NRC environmental review, including a Section 106 review. This environmental review would be conducted as part of the NRCs review and approval of Exelons license termination plan (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.
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| Under Section 7 of the Endangered Species Act (ESA) of 1973,12 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 determined that the proposed action will have no effect on listed species or their critical habitats because the NRCs approval of Entergys 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.
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| Future NRC approval of site-disturbing remediation activities conducted by Exelon 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 Exelons license termination plan (per 10 CFR 50.82).
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| 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.
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| 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 Entergys initial and updated DFPs (i.e., the no-action alternative). The NRC, however, would then request Exelon 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 impact 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.
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| 4.0 AGENCIES AND PERSONS CONSULTED The NRC consulted with the New York State Energy Research & Development Authority on May 20, 2016, via letter (ADAMS Accession No. ML16145A328). The State did not respond.
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| The NRC staff has determined that Section 7 consultation under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 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 12 See 16 U.S.C. 1531 et seq.
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| habitat. This determination is documented in a May 15, 2017, Note to File (ADAMS Accession No. ML17135A062).
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| ==5.0 CONCLUSION==
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| 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 Entergys 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 statement is not required for the proposed action and, pursuant to 10 CFR 51.32, a finding of no significant impact (FONSI) is appropriate.
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| ==6.0 REFERENCES==
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| 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.
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| 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.
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| 49 FR 9381. Federal Register Notice. Final Rule Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions and Related Conforming Amendments.
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| March 12, 1984.
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| 76 FR 35512. Federal Register Notice. Final Rule Decommissioning Planning.
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| June 17, 2011.
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| NRC, 2003. U.S. Nuclear Regulatory Commission. 2003/08/31-NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs, Final Report.
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| Washington, DC. August 2003. ADAMS Accession No. ML032540811.
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| NRC, 2009. U.S. Nuclear Regulatory Commission. Environmental Assessment re: Final Rule:
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| Decommissioning Planning (10 CFR Parts 20, 30, 40, 50, 70, and 72; RIN 3150-AI55).
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| Washington, DC. February 2009. ADAMS Accession No. ML090500648.
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| NRC, 2017a. U.S. Nuclear Regulatory Commission. James A. Fitzpatrick Nuclear Power Plant-Order Approving Direct Transfer of Renewed Facility Operating License and Independent Spent Fuel Storage Installation General License and Conforming Amendment (CAC NOS. MF8293 AND MF8294). March 1, 2017. ADAMS Accession No. ML17041A196.
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| NRC, 2017b. U.S. Nuclear Regulatory Commission. James A. Fitzpatrick Nuclear Power Plant
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| - Issuance of Amendment Re: Application for Order to Transfer Renewed Facility Operating License, Independent Spent Fuel Storage Installation General License, and Conforming Amendment from Entergy Nuclear Fitzpatrick, LLC. and Entergy Nuclear Operations, Inc., to Exelon Generation Company, LLC. March 31, 2017. ADAMS Accession No. ML17082A283.
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| NRC, 2017c. U.S. Nuclear Regulatory Commission. James A. Fitzpatrick Nuclear Power Plant-Order Approving Direct Transfer of Renewed Facility Operating License and Independent Spent Fuel Storage Installation General License and Conforming Amendment (CAC NO. MG0014; EPID L-2017-LLM-0004). November 7, 2017. ADAMS Accession No. ML17240A069.
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| NRC, 2017d. U.S. Nuclear Regulatory Commission. James A. Fitzpatrick Nuclear Power Plant
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| - Issuance of Amendment Re: Application for Order Approving Direct Transfer of Renewed Facility Operating License and Independent Spent Fuel Storage Installation General License and Conforming Amendment (CAC NO. MG0014; EPID L-2017-LLM-0004). November 30, 2017. ADAMS Accession No. ML17313A077.
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| NRC, 2017e. U.S. Nuclear Regulatory Commission. ESA Section 7 No Effect Determination for ISFSI DFP Reviews (Note to File). May 2017. ADAMS Accession No. ML17135A062.
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| NRC, 2018. U.S. Nuclear Regulatory Commission. Request for Additional Information Regarding Entergy Operations, Inc.s Decommissioning Funding Plan Update for Big Rock Point, Indian Point Nuclear Generating Stations Units 1, 2, and 3, Pilgrim Nuclear Power Station, Palisades Nuclear Plant, James A. Fitzpatrick Nuclear Power Plant, and Vermont Yankee Nuclear Power Station Independent Spent Fuel Storage Installations Docket Nos.
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| 72-43, 72-51, 72-1044, 72-07, 72-12, and 72-59. April 5, 2018. ADAMS Accession No. ML18094B093.
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| Entergy Nuclear Operations, Inc., 2012. ISFSI Decommissioning Funding Plans (10 CFR 72.30), December 13, 2012. ADAMS Accession No. ML12352A126.
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| Entergy Nuclear Operations, Inc., 2013. ISFSI Decommissioning Funding Plans (10 CFR 72.30) - Correction Notice, January 8, 2013. ADAMS Accession No. ML13010A042.
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| Entergy Nuclear Operations, Inc., 2015. ISFSI Decommissioning Funding Plans (10 CFR 72.30), December 17, 2015. ADAMS Accession No. ML15351A524.
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| Entergy Nuclear Operations, Inc., 2018. Response to Request for Additional Information regarding ISFSI Decommissioning Funding Plans (10 CFR 72.30), June 4, 2018. ADAMS Accession No. ML18155A576.
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| 7}}
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