[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58320-58323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18331]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0135]


Environmental Assessment and Finding of No Significant Impact of 
Independent Spent Fuel Storage Facilities Decommissioning Funding Plans

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing 
this notice regarding the issuance of a final environmental assessment 
(EA) and a finding of no significant impact (FONSI) for its review and 
approval of the updated decommissioning funding plans (DFPs) submitted 
by independent spent fuel storage installation (ISFSI) licensees for 
the ISFSIs listed in the ``Discussion'' section of this document.

DATES: The EA and FONSI referenced in this document are available on 
August 25, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0135 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0135. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#1b486f7a7862354878736e767a75755b756978357c746d"><span class="__cf_email__" data-cfemail="43103722203a6d10202b362e222d2d032d31206d242c35">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#e2b2a6b0ccb087918d97908187a28c9081cc858d94"><span class="__cf_email__" data-cfemail="227266700c7047514d57504147624c50410c454d54">[email protected]</span></a>. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an

[[Page 58321]]

appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#e6b6a2b4c8b483958993948583a6889485c8818990"><span class="__cf_email__" data-cfemail="1e4e5a4c304c7b6d716b6c7d7b5e706c7d30797168">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tilda Liu, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 404-997-4730, email: <a href="/cdn-cgi/l/email-protection#aefac7c2cacf80e2c7dbeec0dccd80c9c1d8"><span class="__cf_email__" data-cfemail="05516c6961642b496c70456b77662b626a73">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering the approval of the updated DFPs submitted 
by ISFSI licensees. The NRC staff has prepared a final EA and FONSI 
determination for each of the updated ISFSI DFPs in accordance with the 
NRC regulations in part 51 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Environmental Protection Regulations for 
Domestic Licensing and Related Regulatory Functions,'' which implement 
the National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.).
    The NRC requires its licensees to plan for the eventual 
decommissioning of their licensed facilities prior to license 
termination. On June 17, 2011, the NRC published a final rule in the 
Federal Register amending its decommissioning planning regulations (76 
FR 35512). The final rule amended the NRC regulation, 10 CFR 72.30, 
which concerns financial assurance and decommissioning for ISFSIs. This 
regulation requires each holder of, or applicant for, a license under 
10 CFR part 72 to submit a DFP for the NRC's review and approval. The 
purpose of the DFP is to demonstrate the licensee's financial 
assurance, i.e., that funds will be available to decommission the 
ISFSI. The NRC staff will later publish its financial analyses of the 
DFP submittals which will be available for public inspection in ADAMS.

II. Discussion

    The table in this notice includes the plant name, docket number, 
licensee, and ADAMS accession number for the final EA and FONSI 
determination for each of the individual ISFSIs. The table also 
includes the ADAMS accession numbers for other relevant documents, 
including the updated DFP submittals. For further details with respect 
to these actions, see the NRC staff's final EA and FONSI determinations 
which are available for public inspection in ADAMS and at https://www.regulations.gov under Docket ID NRC-2023-0135. For additional 
direction on accessing information related to this document, see the 
ADDRESSES section of this document.

                    Finding of No Significant Impact
------------------------------------------------------------------------
           Facility                     Fermi, Unit 2 (Fermi 2)
------------------------------------------------------------------------
Docket No....................  72-71.
Licensee.....................  DTE Electric Company (DTE).
Proposed Action..............  The NRC's review and approval of DTE's
                                updated decommissioning funding plans
                                (DFPs) submitted in accordance with 10
                                CFR 72.30(c).
Environmental Impact of        The NRC staff has determined that the
 Proposed Action.               proposed action, the review and approval
                                of DTE's updated DFPs, submitted in
                                accordance with 10 CFR 72.30(c), will
                                not authorize changes to licensed
                                operations or maintenance activities, or
                                result in changes in the types,
                                characteristics, or quantities of
                                radiological or non-radiological
                                effluents released into the environment
                                from the independent spent fuel storage
                                installation (ISFSI), or result in the
                                creation of solid waste. Moreover, the
                                approval of the updated DFPs will not
                                authorize any construction activity,
                                facility modification, or other land-
                                disturbing activity. The NRC staff has
                                concluded that the proposed action is a
                                procedural and administrative action
                                that will not have a significant impact
                                on the environment.
Finding of No Significant      The proposed action does not require
 Impact.                        changes to the ISFSI's licensed routine
                                operations, maintenance activities, or
                                monitoring programs, nor does it require
                                new construction or land-disturbing
                                activities. The scope of the proposed
                                action concerns only the NRC's review
                                and approval of DTE's updated DFPs. The
                                scope of the 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 Fermi 2. Therefore, the NRC
                                staff determined that approval of the
                                updated DFPs for the Fermi 2 ISFSI will
                                not significantly affect the quality of
                                the human environment, and accordingly,
                                the staff has concluded that a Finding
                                of No Significant Impact (FONSI) is
                                appropriate. The NRC staff further finds
                                that preparation of an environmental
                                impact statement is not required.
Available Documents..........  Federal Register notice. Final Rule
                                ``Environmental Protection Regulations
                                for Domestic Licensing and Related
                                Regulatory Functions and Related
                                Conforming Amendments,'' dated March 12,
                                1984 (49 FR 9381).
                               Federal Register notice. Final Rule
                                ``Decommissioning Planning,'' dated June
                                17, 2011 (76 FR 35512).
                               Federal Register notice. Environmental
                                Assessments and Findings of no
                                Significant Impact of Independent Spent
                                Fuel Storage Facilities Decommissioning
                                Funding Plans, dated April 5, 2021 (86
                                FR 17644).
                               U.S. Nuclear Regulatory Commission. 2003/
                                08/31-NUREG-1748, ``Environmental Review
                                Guidance for Licensing Actions
                                Associated with NMSS Programs, Final
                                Report.'' August 2003 (ADAMS Accession
                                No. ML032540811).
                               U.S. Nuclear Regulatory Commission.
                                ``Environmental Assessment for Final
                                Rule: Decommissioning Planning'' (10 CFR
                                Parts 20, 30, 40, 50, 70, and 72; RIN
                                3150-AI55). February 2009 (ADAMS
                                Accession No. ML090500648).
                               U.S. Nuclear Regulatory Commission. ESA
                                Section 7 No Effect Determination for
                                ISFSI DFP Reviews (Note to File), dated
                                May 15, 2017 (ADAMS Accession No.
                                ML17135A062).
                               U.S. Nuclear Regulatory Commission.
                                ``Final Environmental Assessment and
                                Finding of No Significant Impact for DTE
                                Electric Company's Initial
                                Decommissioning Funding Plan Submitted
                                in Accordance with 10 CFR 72.30(b) for
                                Fermi-2 Independent Spent Fuel Storage
                                Installation,'' dated March 29, 2021
                                (ADAMS Accession No. ML21056A139).
                               U.S. Nuclear Regulatory Commission.
                                ``Analysis of DTE Electric Company's
                                Initial Decommissioning Funding Plan for
                                the Fermi-2 Independent Spent Fuel
                                Storage Installation,'' dated April 7,
                                2021 (ADAMS Accession No. ML21068A071).
                               U.S. Nuclear Regulatory Commission.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact for Fermi 2 Independent Spent
                                Fuel Storage Installation Updated
                                Decommissioning Funding Plans,'' dated
                                June 8, 2023 (ADAMS Accession No.
                                ML23132A319).
                               DTE Electric Company. Fermi 2 ISFSI
                                Decommissioning Funding Plan, dated July
                                2, 2014 (ADAMS Accession No.
                                ML14183B584).

[[Page 58322]]

 
                               DTE Electric Company. Fermi 2 ISFSI
                                Decommissioning Funding Plan Update,
                                dated March 30, 2017 (ADAMS Accession
                                No. ML17089A789).
                               DTE Electric Company. Fermi 2 ISFSI
                                Decommissioning Funding Plan Update,
                                dated March 30, 2020 (ADAMS Accession
                                No. ML20090H578).
                               DTE Electric Company. Fermi 2 ISFSI
                                Decommissioning Funding Plan Update,
                                dated March 30, 2023 (ADAMS Accession
                                No. ML23089A081).
------------------------------------------------------------------------


 
                                 San Onofre Nuclear Generating Station
           Facility                           (San Onofre)
------------------------------------------------------------------------
Docket No....................  72-41.
Licensee.....................  Southern California Edison (SCE).
Proposed Action..............  The NRC's review and approval of SCE's
                                updated decommissioning funding plans
                                (DFPs) submitted in accordance with 10
                                CFR 72.30(c).
Environmental Impact of        The NRC staff has determined that the
 Proposed Action.               proposed action, the review and approval
                                of SCE's updated DFPs, submitted in
                                accordance with 10 CFR 72.30(c), will
                                not authorize changes to licensed
                                operations or maintenance activities, or
                                result in changes in the types,
                                characteristics, or quantities of
                                radiological or non-radiological
                                effluents released into the environment
                                from the independent spent fuel storage
                                installation (ISFSI), or result in the
                                creation of solid waste. Moreover, the
                                approval of the updated DFPs will not
                                authorize any construction activity,
                                facility modification, or other land-
                                disturbing activity. The NRC staff has
                                concluded that the proposed action is a
                                procedural and administrative action
                                that will not have a significant impact
                                on the environment.
Finding of No Significant      The proposed action does not require
 Impact.                        changes to the ISFSI's licensed routine
                                operations, maintenance activities, or
                                monitoring programs, nor does it require
                                new construction or land-disturbing
                                activities. The scope of the proposed
                                action concerns only the NRC's review
                                and approval of SCE's updated DFPs. The
                                scope of the 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 San Onofre. Therefore, the NRC
                                staff determined that approval of the
                                updated DFPs for the San Onofre ISFSI
                                will not significantly affect the
                                quality of the human environment, and
                                accordingly, the staff has concluded
                                that a Finding of No Significant Impact
                                is appropriate. The NRC staff further
                                finds that preparation of an
                                environmental impact statement is not
                                required.
Available Documents..........  Federal Register notice. Final Rule
                                ``Environmental Protection Regulations
                                for Domestic Licensing and Related
                                Regulatory Functions and Related
                                Conforming Amendments,'' dated March 12,
                                1984 (49 FR 9381).
                               Federal Register notice. Final Rule
                                ``Decommissioning Planning,'' dated June
                                17, 2011 (76 FR 35512).
                               Federal Register notice. Environmental
                                Assessments and Findings of no
                                Significant Impact of Independent Spent
                                Fuel Storage Facilities Decommissioning
                                Funding Plans, dated April 14, 2021 (86
                                FR 19644).
                               U.S. Nuclear Regulatory Commission. 2003/
                                08/31-NUREG-1748, ``Environmental Review
                                Guidance for Licensing Actions
                                Associated with NMSS Programs, Final
                                Report.'' August 2003 (ADAMS Accession
                                No. ML032540811).
                               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). February 2009 (ADAMS
                                Accession No. ML090500648).
                               U.S. Nuclear Regulatory Commission. ESA
                                Section 7 No Effect Determination for
                                ISFSI DFP Reviews (Note to File), dated
                                May 15, 2017 (ADAMS Accession No.
                                ML17135A062).
                               U.S. Nuclear Regulatory Commission.
                                ``Final Environmental Assessment and
                                Finding of No Significant Impact for the
                                Southern California Edison Company's
                                Initial and Updated Decommissioning
                                Funding Plan Submitted in Accordance
                                with 10 CFR 72.30 for San Onofre
                                Independent Spent Fuel Storage
                                Installation,'' dated April 7, 2021
                                (ADAMS Accession No. ML21090A115).
                               U.S. Nuclear Regulatory Commission.
                                ``Analysis of Southern California Edison
                                Company's Initial and Updated
                                Decommissioning Funding Plans for the
                                San Onofre Nuclear Generating Station
                                Independent Spent Fuel Storage
                                Installations,'' dated April 7, 2021
                                (ADAMS Accession No. ML21061A231).
                               U.S. Nuclear Regulatory Commission.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact Related to San Onofre Independent
                                Spent Fuel Storage Installation Updated
                                Decommissioning Funding Plans,'' dated
                                June 14, 2023 (ADAMS Accession No.
                                ML23129A180).
                               ISFSI Decommissioning Funding Plans (10
                                CFR 72.30), dated December 14, 2012
                                (ADAMS Accession No. ML130420384).
                               ISFSI Decommissioning Funding Plans (10
                                CFR 72.30), dated December 14, 2015
                                (ADAMS Accession No. ML15349A942).
                               Response to Request for Additional
                                Information--Southern California
                                Edison's Decommissioning Funding Plan
                                Update for San Onofre Nuclear Generating
                                Station Independent Spent Fuel Storage
                                Installation, dated April 11, 2018
                                (ADAMS Accession No. ML18106A042).
                               Decommissioning Funding Status Report,
                                San Onofre Nuclear Generating Station
                                Units 1, 2 and 3 and ISFSI, dated March
                                28, 2017 (ADAMS Accession No.
                                ML17090A152).
                               Decommissioning Funding Status Report
                                2019, San Onofre Nuclear Generating
                                Station Units 1, 2, and 3 and
                                Independent Spent Fuel Storage
                                Installation, dated March 17, 2020
                                (ADAMS Accession No. ML20079J032).
                               Decommissioning Funding Status Report
                                2020, San Onofre Nuclear Generating
                                Station Units 1, 2, and 3 and
                                Independent Spent Fuel Storage
                                Installation, dated March 24, 2021
                                (ADAMS Accession No. ML21091A037).

[[Page 58323]]

 
                               Decommissioning Funding Status Report
                                2021, San Onofre Nuclear Generating
                                Station Units 1, 2, and 3 and
                                Independent Spent Fuel Storage
                                Installation, dated March 23, 2022
                                (ADAMS Accession No. ML22084A055).
                               Decommissioning Funding Status Report
                                2021 [sic], San Onofre Nuclear
                                Generating Station Units 1, 2, and 3 and
                                Independent Spent Fuel Storage
                                Installation, dated March 29, 2023
                                (ADAMS Accession No. ML23094A127).
------------------------------------------------------------------------


    Dated: August 22, 2023.

    For the Nuclear Regulatory Commission.
Yoira K. Diaz-Sanabria,
Chief, Storage and Transportation Licensing Branch, Division of Fuel 
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-18331 Filed 8-24-23; 8:45 am]
BILLING CODE 7590-01-P


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