[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Pages 46763-46766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19976]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219; NRC-2018-0175]


Exelon Generation Company, LLC; Oyster Creek Nuclear Generating 
Station

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 considering 
issuance of exemptions in response to a March 22, 2018, request from 
Exelon Generation Company, LLC (Exelon or the licensee), for the Oyster 
Creek Nuclear Generating Station (Oyster Creek). One exemption would 
permit the licensee to use funds from the

[[Page 46764]]

Oyster Creek decommissioning trust fund (DTF or the Trust) for 
irradiated fuel management activities and site restoration. Another 
exemption would allow the licensee to use withdrawals from the Trust 
for these activities without prior notification to the NRC. The NRC 
staff is issuing a final Environmental Assessment (EA) and final 
Finding of No Significant Impact (FONSI) associated with the proposed 
exemptions.

DATES: The environmental assessment and finding of no significant 
impact referenced in this document is available on September 14, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0175 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 http://www.regulations.gov and search for Docket ID NRC-2018-0175. Address 
questions about NRC dockets in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: <a href="/cdn-cgi/l/email-protection#0c46696262656a697e224e637e6b697f4c627e6f226b637a"><span class="__cf_email__" data-cfemail="2369464d4d4a4546510d614c51444650634d51400d444c55">[email protected]</span></a>. For technical 
questions, contact the individual(s) 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 http://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, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#750511075b0710061a00071610351b07165b121a03"><span class="__cf_email__" data-cfemail="daaabea8f4a8bfa9b5afa8b9bf9ab4a8b9f4bdb5ac">[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. In addition, for the 
convenience of the reader, the ADAMS accession numbers are provided in 
a table in the ``Availability of Documents'' section of this document.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3100; email: <a href="/cdn-cgi/l/email-protection#501a3f383e7e1c313d32103e22337e373f26"><span class="__cf_email__" data-cfemail="4b0124232565072a26290b253928652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of exemptions from sections 
50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the Code of 
Federal Regulations (10 CFR) for Renewed Facility Operating License No. 
DPR-16, issued to Exelon for Oyster Creek, located in Ocean County, New 
Jersey. The licensee requested the exemptions by letter dated March 22, 
2018 (ADAMS Accession No. ML18081A201). The exemptions would allow the 
licensee to use funds from the Trust for irradiated fuel management and 
site restoration activities without prior notice to the NRC, in the 
same manner that funds from the Trust are used under 10 CFR 50.82(a)(8) 
for decommissioning activities. In accordance with 10 CFR 51.21, the 
NRC prepared the following environmental assessment (EA) that analyzes 
the environmental impacts of the proposed action. Based on the results 
of this EA, which are provided in Section II, and in accordance with 10 
CFR 51.31(a), the NRC has determined not to prepare an environmental 
impact statement for the proposed licensing action, and is issuing a 
final FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would partially exempt Exelon from meeting the 
requirements set forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 
50.75(h)(1)(iv). Specifically, the proposed action would allow Exelon 
to use funds from the Trust for irradiated fuel management and site 
restoration activities not associated with radiological decontamination 
and would exempt Exelon from meeting the requirement for prior 
notification to the NRC for these activities.
    The proposed action is in accordance with the licensee's 
application dated March 22, 2018.

Need for the Proposed Action

    By letter dated February 14, 2018 (ADAMS Accession No. 
ML18045A084), Exelon informed the NRC that it plans to permanently 
ceased power operations at Oyster Creek no later than October 31, 2018.
    As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust 
funds may be used by the licensee if the withdrawals are for legitimate 
decommissioning activity expenses, consistent with the definition of 
decommissioning in 10 CFR 50.2. This definition addresses radiological 
decontamination and does not include activities associated with 
irradiated fuel management or site restoration. Similarly, the 
requirements of 10 CFR 50.75(h)(1)(iv) restrict the use of 
decommissioning trust fund disbursements (other than for ordinary and 
incidental expenses) to decommissioning expenses until final 
decommissioning has been completed. Therefore, partial exemptions from 
10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) are needed to allow 
Exelon to use funds from the Trust for irradiated fuel management and 
site restoration activities.
    Exelon stated that Table 2 of the application dated March 22, 2018, 
demonstrates that the DTF contains the amount needed to cover the 
estimated costs of radiological decommissioning, as well as spent fuel 
management and site restoration activities. The adequacy of funds in 
the Trust to cover the costs of activities associated with irradiated 
fuel management, site restoration, and radiological decontamination 
through license termination is supported by the Oyster Creek Post-
Shutdown Decommissioning Activities Report submitted by Exelon in a 
letter dated May 21, 2018 (ADAMS Accession No. ML18141A775). The 
licensee stated that it needs access to the funds in the Trust in 
excess of those needed for radiological decontamination to support 
irradiated fuel management and site restoration activities not 
associated with radiological decontamination.
    The requirements of 10 CFR 50.75(h)(1)(iv) further provide that, 
except for decommissioning withdrawals being made under 10 CFR 
50.82(a)(8) or for payments of ordinary administrative costs and other 
incidental expenses of the Trust, no disbursement may be made from the 
Trust until written notice of the intention to make a disbursement has 
been given to the NRC at least 30 working days in advance of the 
intended disbursement. Therefore, an exemption from 10 CFR 
50.75(h)(1)(iv) is needed to allow Exelon to use funds from the Trust 
for irradiated fuel management and site restoration activities without 
prior NRC notification.
    In summary, by letter dated March 22, 2018, Exelon requested 
exemptions to allow Trust withdrawals, without prior written 
notification to the NRC, for irradiated fuel management and site 
restoration activities.

Environmental Impacts of the Proposed Action

    The NRC staff has completed its evaluation of the environmental 
impacts of the proposed action.
    The proposed action involves exemptions from requirements that are

[[Page 46765]]

of a financial or administrative nature and that do not have an impact 
on the environment. The NRC has completed its evaluation of the 
proposed action and concludes that there is reasonable assurance that 
adequate funds are available in the Trust to complete all activities 
associated with decommissioning and irradiated fuel management and site 
restoration. There is no decrease in safety associated with the use of 
the Trust to fund activities associated with irradiated fuel management 
and site restoration. Section 50.82(a)(8)(v) of 10 CFR requires a 
licensee to submit a financial assurance status report annually between 
the time of submitting its decommissioning cost estimate and submitting 
its final radiation survey and demonstrating that residual 
radioactivity has been reduced to a level that permits termination of 
its license. Section 50.82(a)(8)(vi) of 10 CFR requires that if the 
remaining balance, plus expected rate of return, plus any other 
financial surety mechanism does not cover the estimated costs to 
complete the decommissioning, additional financial assurance must be 
provided to cover the cost of completion. These annual reports provide 
a means for the NRC to monitor the adequacy of available funding. Since 
the exemptions would allow Exelon to use funds from the Trust that are 
in excess of those required for radiological decontamination of the 
site and the adequacy of funds dedicated for radiological 
decontamination are not affected by the proposed exemptions, there is 
reasonable assurance that there will be no environmental impact due to 
lack of adequate funding for decommissioning.
    The proposed action will not significantly increase the probability 
or consequences of radiological accidents. Additionally, the NRC staff 
has concluded that the proposed changes have no direct radiological 
impacts. There would be no change to the types or amounts of 
radiological effluents that may be released, therefore, no change in 
occupational or public radiation exposure from the proposed changes. 
There are no materials or chemicals introduced into the plant that 
could affect the characteristics or types of effluents released 
offsite. In addition, the method of operation of waste processing 
systems will not be affected by the exemption. The proposed exemption 
will not result in changes to the design basis requirements of 
structures, systems, and components (SSCs) that function to limit or 
monitor the release of effluents. All the SSCs associated with limiting 
the release of effluents will continue to be able to perform their 
functions. Moreover, no changes would be made to plant buildings or the 
site property from the proposed changes. Therefore, there are no 
significant radiological environmental impacts associated with the 
proposed action.
    With regard to potential nonradiological impacts, the proposed 
changes would have no direct impacts on land use or water resources, 
including terrestrial and aquatic biota, as they involve no new 
construction or modification of plant operational systems. There would 
be no changes to the quality or quantity of nonradiological effluents 
and no changes to the plant's National Pollutant Discharge Elimination 
System permits would be needed. In addition, there would be no 
noticeable effect on socioeconomic conditions in the region, no 
environment justice impacts, no air quality impacts, and no impacts to 
historic and cultural resources from the proposed changes. Therefore, 
there are no significant nonradiological environment impacts associated 
with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the application would result in no change in current 
environmental impacts. The environmental impacts of the proposed action 
and the alternative action are similar.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies or Persons Consulted

    No additional agencies or persons were consulted regarding the 
environmental impact of the proposed action. On August 10, 2018, the 
State of New Jersey representatives were notified of the EA and FONSI.

III. Finding of No Significant Impact

    The licensee has proposed exemptions from 10 CFR 50.82(a)(8)(i)(A) 
and 10 CFR 50.75(h)(1)(iv), which would allow Exelon to use funds from 
the Trust for irradiated fuel management and site restoration 
activities, without prior written notification to the NRC. The proposed 
action would not significantly affect plant safety, would not have a 
significant adverse effect on the probability of an accident occurring, 
and would not have any significant radiological or nonradiological 
impacts. The reason the human environment would not be significantly 
affected is that the proposed action involves exemptions from 
requirements that are of a financial or administrative nature and that 
do not have an impact of the human environment. Consistent with 10 CFR 
51.21, the NRC conducted the EA for the proposed action, and this FONSI 
incorporates by reference the EA included in Section II. Therefore, the 
NRC concludes that the proposed action will not have significant 
effects on the quality of the human environment. Accordingly, the NRC 
has determined not to prepare an environmental impact statement for the 
proposed action.
    Other than the licensee's letter dated March 22, 2018, there are no 
other environmental documents associated with this review. This 
document is available for public inspection as indicated section I.
    Previous considerations regarding the environmental impacts of 
operating Oyster Creek Nuclear Generating Station, in accordance with 
its renewed operating license, is described in the ``Final 
Environmental Statement for Oyster Creek Nuclear Generating Station,'' 
dated December 1974, and NUREG-1437, Supplement 28, ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding Oyster Creek Nuclear Generating Station,'' Volumes 1 and 2, 
Final Report, dated January 2007.

IV. Availability of Documents

------------------------------------------------------------------------
          Date                    Title             ADAMS accession No.
------------------------------------------------------------------------
3/22/2018..............  Letter from Exelon to    ML18081A201
                          NRC titled ``Request
                          for Exemption from 10
                          50.82(a)(8)(i)(A) and
                          10 CFR
                          50.75(h)(1)(iv)''.

[[Page 46766]]

 
2/14/2018..............  Letter from Exelon to    ML18045A084
                          NRC titled
                          ``Certification of
                          Permanent Cessation of
                          Power Operations for
                          Oyster Creek Nuclear
                          Generating Station''.
5/21/2018..............  Letter from Exelon to    ML18141A775
                          NRC titled ``Oyster
                          Creek Nuclear
                          Generating Station--
                          Post-Shutdown
                          Decommissioning
                          Activities Report''.
12/1974................  Final Environmental      ML072200150
                          Statement for Oyster
                          Creek Nuclear
                          Generating Station.
1/2007.................  NUREG-1437, Supplement   ML070100234
                          28, ``Generic           ML070100258
                          Environmental Impact
                          Statement for License
                          Renewal of Nuclear
                          Plants: Regarding
                          Oyster Creek Nuclear
                          Generating Station,''
                          Volumes 1 and 2.
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    Dated at Rockville, Maryland, this 10th day of September 2018.

    For the Nuclear Regulatory Commission.
John G. Lamb,
Senior Project Manager, Special Projects and Process Branch, Division 
of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-19976 Filed 9-13-18; 8:45 am]
 BILLING CODE 7590-01-P


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