ML22276A105

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Conclusion of Consultation Under Section 106 NHPA for Ft. Calhoun Station LTP
ML22276A105
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 09/30/2022
From: Swigart J
State of NE
To: Jessie Quintero
Office of Nuclear Material Safety and Safeguards
Imboden S
References
Download: ML22276A105 (4)


Text

9/30/2022 HistorJ NEBRASKA Jessie M. Quintero U.S. Nuclear Regulatory Commission VIA EMAIL Preserving the past. Building the future.

RE: HP# 1810-138-01; Conclusion of Consultation Under Section 106 of the National Historic Preservation Act Regarding the License Termination Plan for Fort Calhoun Station Unit 1 in Washington County, Nebraska (Docket Number: 50-285)

Ms. Quintero:

Thank you for submitting the above referenced project for Nebraska State Historic Preservation Office (NeSHPO) review and comment. Our comment on this project and its potential to affect historic properties is required by Section 106 of the National Historic Preservation Act of 1966, as amended, and implementing regulations 36 CFR Part 800.

Based on the information provided, the proposed undertaking is unlikely to affect any cultural resources listed on the National Register of Historic Places or eligible for such a listing. Therefore, the NeSHPO concurs with the determination that no historic properties affected is appropriate for this undertaking and the project should proceed as planned.

Please retain this correspondence and your documented finding in order to show compliance with Section 106 of the National Historic Preservation Act, as amended. If you have any questions, please contact me at john.swigart@nebraska.gov or 402-560-0574.

n Swigart Preservation Archeologist 1500 R Street Lincoln, NE 68508-1651 P: 402.471.3270 P: 800.833.6747 F: 402.471.3100 history.nebraska.gov

VIA EMAIL ONLY John Swigart Preservation Archeologist History Nebraska 1500 R Street UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 29, 2022 Lincoln, NE 68508-1651 john.swigart@nebraska.gov HP# 1810-138-01 History Nebraska RECEIVED SEP 3 0 2022 NE State Historic Preservation Office

SUBJECT:

CONCLUSION OF CONSULTATION UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT REGARDING THE LICENSE TERMINATION PLAN FOR FORT CALHOUN STATION UNIT 1 IN WASHINGTON COUNTY, NEBRASKA (DOCKET NUMBER: 50-285)

Dear John Swigart:

The U.S. Nuclear Regulatory Commission (NRC) has received, by letter dated August 3, 2021, an application from Omaha Public Power District (OPPD) for a license amendment requesting approval of a License Termination Plan (L TP) for Ft. Calhoun Station, Unit 1. Approval of the L TP would result in the release of a majority of the Ft. Calhoun Station site for unrestricted use; only a small site for the dry storage of spent nuclear fuel would remain under restricted use and NRC license. The NRC staff is currently reviewing the application.

The Ft. Calhoun Station is located in Washington County, Nebraska, on the southwest bank of the Missouri River approximately 19 miles north of Omaha. Ft. Calhoun Station stopped operating in 2016 and began undergoing decommissioning in 2019. In May 2020, all spent nuclear fuel was transferred to onsite dry cask storage (also known as an independent spent fuel storage installation (ISFSI)), which is expected to remain after decommissioning. Enclosure 1 contains a map with the location of the Ft. Calhoun Station. Enclosure 2 contains an aerial view of the Ft. Calhoun Station Owner-Controlled Areas.

NRG Review Process for L TPs In accordance with Title 10 of the Code of Federal Regulations (10 CFR) section 50.82(a)(9)(ii),

licensees must submit an L TP prior to license termination. When reviewing the L TP, the NRC staff will refer to guidance in NUREG-1700, "Standard Review Plan for Evaluating Nuclear Power Reactor License Termination Plans," and consider the following: (a) the adequacy of the licensee's 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 status survey to verify that the radiological release criteria have been met. The final status survey is the radiological survey performed after an area has been fully characterized, remediation has been completed, and the area is ready to be released. In accordance with 10 CFR 50.82(a)(11 ), the NRC shall terminate the OPPD's Ft. Calhoun Station Unit 1 reactor operating license (except for the ISFSI) upon the

J. Swigart 2

licensee's demonstration that the remaining dismantlement has been performed in accordance with the L TP and that it has met the radiological release criteria for unrestricted use under 10 CFR 20.1402. The portion of the site associated with the ISFSI will remain under restricted use and NRC license.

In accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the agency's regulations in 10 CFR part 51 "Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions," the NRC staff is preparing an environmental assessment (EA) to assess the potential environmental impacts that could result from license termination activities such as soil surveys as well as remaining decommissioning and dismantling activities. The EA will include an analysis of potential impacts to historic and cultural resources as a result of the L TP.

NHPA Section 106 Consultation In accordance with title 36 Code of Federal Regulations (36 CFR) section 800.8, "Coordination with the National Environmental Policy Act", the NRC staff is coordinating its National Historic Preservation Act (NHPA) section 106 review with its NEPA environmental review. This letter closes out the administrative record for the NRC's NHPA section 106 consultation conducted for this undertaking.

The Ft. Calhoun Station site is approximately 540 acres of owner-controlled area. There were two approved partial site releases of the areas shown in hatched lines in Enclosure 2. The NRC considers the direct area of potential effects (APE) to be the approximate 119-acre deconstruction area shown in Enclosure 2. The indirect APE will be the remaining area within the 540-acre site boundary.

The NRC previously issued a final environmental impact statement (FEIS) in August 2003 addressing the impacts from operating license renewal of Ft. Calhoun Station. The FEIS is available in the NRC's Agencywide Documents Access and Management System (ADAMS),

which can be accessed online at http://www.nrc.gov/reading-rm/adams.html, at ADAMS ML032230075. The FEIS contains a discussion of potential impacts to historic and archeological resources due to operation of Ft. Calhoun Station; the FEIS conclusion was that continued operation would not adversely affect historic and archeological resources. The DeSoto Townsite archeological site located on a portion of the plant site north of the rail spur and bounded by U.S. Highway 75 was formally determined eligible for listing on the National Register of Historic Places, but the FEIS found that it would not be adversely affected by continued operation of Ft. Calhoun Station.

The decommissioning activities as part of the current proposed action will be primarily confined to disturbed areas located away from areas of existing or high potential for archeological sites.

However, OPPD has mitigation measures in place should decommissioning activities be necessary in previously undisturbed areas, including all construction activities that disturb one acre or greater of soil will be permitted and approved by the Nebraska Department of Environment and Energy, Best Management Practices will be required to control sediment and the effects of erosion, and environmental protection procedures pertaining to archaeological and cultural resources will remain in effect during decommissioning. For additional information regarding the proposed action, the license amendment application is publicly available in ADAMS at ML21271A144.

J. Swigart 3

Based on the results of the FEIS review and decommissioning activities planned to occur in areas previously disturbed, the NRC staff has determined that, pursuant to 36 CFR 800.4(d)(1 ),

no historic properties will be affected. This determination is consistent with the findings stated in a letter dated June 8, 2022, from your office to Ryan Layman of OPPD for this project given the State Historic Preservation Office Review No. HP# 1810-138-01 (ADAMS ML22167A199). The NRC staff is providing documentation of this finding as set forth in 36 CFR 800.11 (d) and closing out our NHPA section 106 consultation.

If you have any questions about this matter, please contact Stacey Imboden of my staff via email at stacey.imboden@nrc.gov or via phone at (301) 415-2462.

Docket No. 50-285

Enclosures:

1. Site location map
2. Owner Controlled Areas Sincerely,

,,-,~,,__n,.,z,~-.:;,,, Signed by Quintero, Jessie V

_ on 09/29/22 Jessie M. Quintero, Chief Environmental Review Materials Branch Division of Rulemaking, Environmental and Financial Support Office of Nuclear Material Safety and Safeguards