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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88664-88667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28293]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255; NRC-2023-0200]

Environmental Assessment and Finding of No Significant Impact; 
Holtec Decommissioning International, LLC, and Holtec Palisades, LLC, 
Palisades Nuclear Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions that would permit the licensee to reduce its 
emergency planning (EP) activities at the Palisades Nuclear Plant 
(Palisades). Specifically, Holtec Decommissioning International, LLC 
(HDI), one of the licensees of Palisades and an indirect wholly owned 
subsidiary of Holtec International (Holtec), requested an exemption on 
behalf of Holtec Palisades, LLC, the other Palisades licensee 
(hereinafter collectively referred to as the licensee) that would 
eliminate the requirements to maintain formal offsite radiological 
emergency plans, as well as reduce the scope of some of the onsite EP 
activities based on the reduced risks at Palisades, based on the 
submission of certifications for permanent cessation of operations and 
permanent removal of fuel from the reactor vessel at Palisades. 
However, requirements for an onsite radiological emergency plan and for 
certain onsite capabilities to communicate and coordinate with offsite 
response authorities would be retained. In addition, offsite EP 
provisions would still exist through State and local government use of 
a comprehensive emergency management plan process, in accordance with 
the Federal Emergency Management Agency's (FEMA's) Comprehensive 
Preparedness Guide (CPG) 101, ``Developing and Maintaining Emergency 
Operations Plans.'' The NRC staff is issuing an environmental 
assessment (EA) and a finding of no significant impact (FONSI) 
associated with the proposed exemptions.

DATES: The EA and FONSI referenced in this document are available on 
December 22, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0200 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:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0200. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     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 [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section of this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] 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: Tanya E. Hood, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-1387; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letters dated September 28, 2017, and October 19, 2017, in 
accordance with sections 50.4(b)(8) and 50.82(a)(1)(i) of title 10 of 
the Code of Federal Regulations (10 CFR) part 50, ``Domestic Licensing 
of Production and Utilization Facilities,'' Entergy Nuclear Operations, 
Inc. (ENOI), which was the licensee at that time, notified the NRC that 
it had decided to permanently cease power operations at Palisades by 
May 31, 2022.
    Pursuant to 10 CFR 50.82(a)(1)(ii), by letter dated June 13, 2022, 
ENOI certified to the NRC that the fuel had been permanently removed 
from the Palisades reactor vessel and placed in the spent fuel pool 
(SFP). Upon the docketing of these certifications, in accordance with 
10 CFR 50.82(a)(2), the Palisades license no longer authorizes 
operation of the reactor or emplacement or retention of fuel into the 
reactor vessel. The spent fuel from Palisades is stored in the SFP and 
in dry cask storage at the onsite independent spent fuel storage 
installation, where it will remain until it is shipped offsite.
    By Order dated December 13, 2021, the NRC approved a transfer of 
the Palisades license from ENOI and Entergy Nuclear Palisades, LLC, to 
Holtec and HDI. This transfer was executed on June 28, 2022, such that 
HDI and Holtec Palisades, LLC became the licensees for Palisades. To 
address the upcoming transition from an operating plant to a 
permanently defueled facility, by letter dated September 24, 2018, the 
NRC issued an amendment authorizing ENOI to adopt a post-shutdown 
emergency plan (PSEP) and approving changes to the Palisades emergency 
plan to support the planned permanent cessation of operations and 
permanent removal of fuel from the reactor vessel. Upon implementation 
of the PSEP on June 15, 2022, the Palisades emergency response 
organization on-shift and augmented staffing requirements were revised 
commensurate with the reduced spectrum of credible accidents for a 
permanently shut down and defueled nuclear power reactor facility.
    By letter dated July 11, 2022, the licensee requested exemptions 
from specific portions of 10 CFR 50.47, ``Emergency plans,'' and 
appendix E, ``Emergency Planning and Preparedness for Production and 
Utilization Facilities,'' to 10 CFR part 50 for the Palisades license. 
More specifically, HDI requested exemptions from certain planning 
standards in 10 CFR 50.47(b) regarding onsite and offsite radiological 
emergency preparedness (REP) plans for

[[Page 88665]]

nuclear power reactors; from certain requirements in 10 CFR 50.47(c)(2) 
for establishment of plume exposure pathway and ingestion pathway 
emergency planning zones (EPZs) for nuclear power reactors; and from 
certain requirements in 10 CFR part 50, appendix E, section IV, 
``Content of Emergency Plans.''
    HDI's requested exemptions would eliminate the NRC requirements to 
maintain formal offsite REP plans in accordance with 44 CFR, 
``Emergency Management and Assistance,'' part 350, ``Review and 
Approval of State and Local Radiological Emergency Plans and 
Preparedness,'' and would reduce the scope of the onsite EP activities 
at Palisades. The request by HDI is based on the reduced risks of an 
offsite radiological release at Palisades after permanent cessation of 
power operations and when all spent fuel has decayed for at least 12 
months. The exemptions would maintain the requirements for an onsite 
radiological emergency plan and would continue to ensure the capability 
to communicate and coordinate with offsite response authorities. These 
exemptions will terminate if the status of the Palisades reactor 
changes such that the certifications of permanent cessation of 
operations and permanent removal of fuel from the reactor vessel are no 
longer applicable and the facility would be required to come into 
compliance with all applicable NRC regulations.
    The EP requirements of 10 CFR 50.47 and appendix E to 10 CFR part 
50 do not distinguish between operating reactors and those that have 
ceased operations and defueled. As such, a permanently shut down and 
defueled reactor must continue to maintain the same EP requirements as 
an operating power reactor under the existing regulatory requirements. 
To establish a level of EP commensurate with the reduced risks of a 
permanently shut down and defueled reactor, the licensee must seek 
exemptions from certain EP regulatory requirements before it can change 
its emergency plans.
    The NRC is therefore considering issuing to the licensee the 
proposed exemptions from portions of 10 CFR 50.47 and appendix E to 10 
CFR part 50, which would eliminate the requirements for the licensee to 
maintain offsite radiological emergency plans and reduce some of the 
onsite EP activities based on the reduced radiological risks as 
Palisades has permanently ceased power operations and all spent fuel 
has decayed for more than 12 months.
    Consistent with 10 CFR 51.21, ``Criteria for and identification of 
licensing and regulatory actions requiring environmental assessments,'' 
the NRC has determined that an EA is the appropriate form of 
environmental review for the requested action. Based on the results of 
the EA, which is provided in Section II of this document, the NRC has 
determined not to prepare an environmental impact statement for the 
proposed action and is issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would exempt the licensee from: (1) certain 
standards as set forth in 10 CFR 50.47(b) regarding onsite and offsite 
emergency response plans for nuclear power reactors; (2) requirements 
in 10 CFR 50.47(c)(2) to establish plume exposure and ingestion pathway 
EPZs for nuclear power reactors; and (3) certain requirements in 10 CFR 
part 50, appendix E, section IV, which establishes the elements that 
make up the content of emergency plans. The proposed action of granting 
these exemptions would eliminate the NRC requirements for the licensee 
to maintain offsite radiological emergency plans in accordance with 44 
CFR part 50 and reduce some of the onsite EP activities at Palisades. 
However, requirements for certain onsite capabilities to communicate 
and coordinate with offsite response authorities would be retained.
    Additionally, if necessary, offsite protective actions could still 
be implemented using a comprehensive emergency management plan (CEMP) 
process. A CEMP in this context, also referred to as an emergency 
operations plan, is addressed in FEMA's CPG 101. The CPG 101 is the 
foundation for State, territorial, Tribal, and local EP in the United 
States under the National Preparedness System. It promotes a common 
understanding of the fundamentals of risk-informed planning and 
decision making and assists planners at all levels of government in 
their efforts to develop and maintain viable, all-hazards, all-threats 
emergency plans. A CEMP is flexible enough for use in all emergencies. 
It describes how people and property will be protected; details who is 
responsible for carrying out specific actions; identifies the 
personnel, equipment, facilities, supplies, and other resources 
available; and outlines how all actions will be coordinated. A CEMP is 
often referred to as a synonym for ``all-hazards'' planning. The 
proposed action is in accordance with the previously noted discussion 
in this notice and the licensee's exemption request dated July 11, 
2022.

Need for the Proposed Action

    The proposed action is needed for the licensee to revise the 
Palisades PSEP. Since the certifications for permanent cessation of 
operations and permanent removal of fuel from the reactor vessel have 
been docketed, pursuant to 10 CFR 50.82(a)(2), the Palisades license no 
longer authorizes use of the facility for power operation or 
emplacement or retention of fuel into the reactor vessel and, 
therefore, the occurrence of postulated accidents associated with 
Palisades reactor operation is no longer credible. As the EP 
requirements do not distinguish between operating reactors and a power 
reactor that has been permanently shut down and defueled, the licensee 
requests an exemption from certain EP requirements commensurate with 
the radiological risks at the site.
    In its exemption request, the licensee identified four possible 
design-basis accidents (DBAs) at Palisades in its permanently shut down 
and defueled condition. These are: (1) a fuel handling accident in the 
reactor cavity; (2) an accidental release of waste gas; (3) an 
accidental release of waste liquid; and (4) a postulated cask drop 
accident. The licensee also considered the consequences of a beyond DBA 
involving a complete loss of SFP water inventory and no accompanying 
heat loss (i.e., adiabatic heat up). The NRC staff evaluated these 
possible radiological accidents, as well as the associated analyses 
provided by the licensee, in the Commission Paper (SECY)-23-0043, 
``Request by Holtec Decommissioning International, LLC for Exemptions 
from Certain EP Requirements for Palisades Nuclear Plant,'' dated May 
15, 2023.
    In SECY-23-0043, the NRC staff verified that the licensee's 
analyses and calculations provided reasonable assurance that if the 
requested exemptions were granted, then: (1) for a DBA, an offsite 
radiological release will not exceed the U.S. Environmental Protection 
Agency's (EPA) early phase Protective Action Guides (PAGs) at the 
exclusion area boundary (EAB), as detailed in Table 1-1, ``Summary 
Table for PAGs, Guidelines, and Planning Guidance for Radiological 
Incidents,'' to the EPA's ``PAG Manual: Protective Action Guides and 
Planning Guidance for Radiological Incidents,'' EPA-400/R-17/001, dated 
January 2017; (2) in the highly unlikely event of a beyond DBA 
resulting in a loss of all SFP cooling, there is sufficient time to 
initiate appropriate mitigating actions; and (3) in the event a 
radiological release has or

[[Page 88666]]

is projected to occur, there would be sufficient time for offsite 
agencies to take protective actions using a CEMP to protect the health 
and safety of the public if offsite governmental officials determine 
that such action is warranted. The Commission approved the NRC staff's 
recommendation to grant the exemptions based on this evaluation in its 
Staff Requirements Memorandum to SECY-23-0043, dated December 7, 2023.
    Based on the licensee's analyses related to the reduced 
radiological risks, the licensee states that complete application of 
the EP regulations to Palisades 12 months after permanent cessation of 
power operations would not serve the underlying purpose of the 
regulations and is not necessary to achieve the underlying purpose of 
the regulations. The licensee also states that it would incur undue 
costs in the application of operating plant EP requirements for the 
maintenance of an emergency response organization in excess of that 
actually needed to respond to the diminished scope of credible 
accidents for Palisades 12 months after its permanent cessation of 
power operations.

Environmental Impacts of the Proposed Action

    The NRC staff has completed its evaluation of the environmental 
impacts of the proposed action.
    The proposed action consists mainly of changes related to the 
elimination of NRC requirements for the licensee to maintain offsite 
radiological emergency plans in accordance with 44 CFR part 350 and 
reduce some of the onsite EP activities at Palisades, based on the 
reduced risks once the reactor has been permanently shut down for a 
period of 12 months. However, requirements for certain onsite 
capabilities to communicate and coordinate with offsite response 
authorities will be retained and offsite EP provisions to protect 
public health and safety will still exist through State and local 
government use of a CEMP.
    With regard to potential nonradiological environmental impacts, the 
proposed action would have no direct impacts on land use or water 
resources, including terrestrial and aquatic biota, as it involves no 
new construction, land disturbance, or modification of plant 
operational systems. There would be no changes to the quality or 
quantity of nonradiological effluents and no changes to the plants' 
National Pollutant Discharge Elimination System permits would be 
needed. In addition, there would be no noticeable effect on 
socioeconomic conditions in the region, no environmental justice 
impacts, no air quality impacts, and no impacts to historic and 
cultural resources from the proposed action. Therefore, there are no 
significant nonradiological environmental impacts associated with the 
proposed action.
    With regard to potential radiological environmental impacts, the 
proposed action would not significantly increase the probability or 
consequences of radiological accidents. Additionally, the NRC staff has 
concluded that the proposed action would have no direct radiological 
environmental impacts. There would be no change to the types or amounts 
of radioactive effluents that may be released and, therefore, no change 
in occupational or public radiation exposure from the proposed action. 
Moreover, no changes would be made to plant buildings or the site 
property from the proposed action. For these reasons, there are no 
significant radiological 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 
the denial of the proposed action (i.e., the ``no-action'' 
alternative). The denial of the application would result in no change 
in current environmental impacts. Therefore, the environmental impacts 
of the proposed action and the alternative action are similar.

Alternative Use of Resources

    The proposed action does not involve the use of any different 
resources than those previously considered in the ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding Palisades Nuclear Plant--Final Report,'' NUREG-1437, 
Supplement 27, dated October 2006.

Agencies or Persons Consulted

    No additional agencies or persons were consulted regarding the 
environmental impact of the proposed action. On September 21, 2023, the 
State of Michigan representative was notified of this EA and FONSI.

III. Finding of No Significant Impact

    The licensee has proposed exemptions from: (1) certain standards in 
10 CFR 50.47(b) regarding onsite and offsite emergency response plans 
for nuclear power reactors; (2) the requirements in 10 CFR 50.47(c)(2) 
to establish plume exposure and ingestion pathway EPZs for nuclear 
power reactors; and (3) certain requirements in 10 CFR part 50, 
appendix E, section IV, which establishes the elements that make up the 
content of emergency plans. The proposed action of granting these 
exemptions would eliminate the NRC requirements for the licensee to 
maintain offsite radiological emergency plans in accordance with 44 CFR 
part 350 and reduce some of the onsite EP activities at Palisades, 
based on the reduced risks once the reactor has been permanently shut 
down for a period of 12 months. However, requirements for certain 
onsite capabilities to communicate and coordinate with offsite response 
authorities will be retained and offsite EP provisions to protect 
public health and safety will still exist through State and local 
government use of a CEMP.
    The NRC is considering issuing the exemptions. 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. This FONSI is a final finding and incorporates by reference 
the EA in Section II of this document. Therefore, the NRC concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the NRC has determined 
not to prepare an environmental impact statement for the proposed 
action.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

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          Document description             ADAMS accession No./weblink
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Federal Emergency Management Agency,     https://www.fema.gov/media-
 ``Developing and Maintaining Emergency   library-data/20130726-1828-
 Operations Plans,'' Comprehensive        25045-0014/
 Preparedness Guide (CPG) 101, Version    cpg_101_comprehensive_prepared
 2.0, November 2010.                      ness_guide_developing_and_main
                                          taining_emergency_operations_p
                                          lans_2010.pdf.

[[Page 88667]]

 
Letter from Entergy Nuclear Operations,  ML17271A233.
 Inc. to U.S. Nuclear Regulatory
 Commission, ``Certification of
 Permanent Cessation of Power
 Operations, Palisades Nuclear Plant,
 Docket No. 50-255,'' dated September
 28, 2017.
Letter from Entergy Nuclear Operations,  ML17292A032.
 Inc. to U.S. Nuclear Regulatory
 Commission, ``Supplement to
 Certification of Permanent Cessation
 of Power Operations, Palisades Nuclear
 Plant, Docket No. 50-255,'' dated
 October 19, 2017.
Letter from Entergy Nuclear Operations,  ML22164A067.
 Inc. to U.S. Nuclear Regulatory
 Commission, ``Certifications of
 Permanent Cessation of Power
 Operations and Permanent Removal of
 Fuel from the Reactor Vessel,'' dated
 June 13, 2022.
Letter from U.S. Nuclear Regulatory      ML21292A155 (Package).
 Commission to Entergy Nuclear
 Operations, Inc., ``Palisades Nuclear
 Plant and Big Rock Point Plant--Order
 Approving Transfer of Licenses and
 Draft Conforming Administrative
 License Amendments (EPID L-2020-LLM-
 0003),'' dated December 13, 2021.
Email from Entergy Nuclear Operations,   ML22179A075.
 Inc. to U.S. Nuclear Regulatory
 Commission, ``Notification of
 Palisades and Big Rock Point License
 Transfer (EPIDs L-2022-LLM-0002 and L-
 2020-LLM-0003),'' dated June 28, 2022.
Letter from U.S. Nuclear Regulatory      ML18170A219.
 Commission to Entergy Nuclear
 Operations, Inc., ``Palisades Nuclear
 Plant--Issuance of Amendment Re:
 Changes to the Emergency Plan for
 Permanently Defueled Condition (CAC
 No. MG0198; EPID L-2017-LLA-0305),''
 dated September 24, 2018.
Letter from Holtec Decommissioning       ML22192A134.
 International, LLC, to U.S. Nuclear
 Regulatory Commission, ``Request for
 Exemptions from Certain Emergency
 Planning Requirements of 10 CFR 50.47;
 10 CFR 50.47(c)(2); and 10 CFR part
 50, appendix E,'' dated July 11, 2022.
SECY-23-0043, ``Request by Holtec        ML23054A179 (Package).
 Decommissioning International, LLC for
 Exemptions from Certain EP
 Requirements for Palisades Nuclear
 Plant,'' dated May 15, 2023.
U.S. Environmental Protection Agency     ML17044A073.
 (EPA), EPA-400/R-17/001, ``PAG Manual:
 Protective Action Guides and Planning
 Guidance for Radiological Incidents,''
 January 2017.
Staff Requirements Memorandum to SECY-   ML23341A181.
 23-0043, ``Request by Holtec
 Decommissioning International, LLC for
 Exemptions from Certain EP
 Requirements for Palisades Nuclear
 Plant,'' dated December 7, 2023.
NUREG-1437, Supplement 27, ``Generic     ML062710300.
 Environmental Impact Statement for
 License Renewal of Nuclear Plants:
 Regarding Palisades Nuclear Plant--
 Final Report,'' dated October 2006.
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    Dated: December 19, 2023.

    For the Nuclear Regulatory Commission.
Shaun M. Anderson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2023-28293 Filed 12-21-23; 8:45 am]
BILLING CODE 7590-01-P
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