Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices 14723 

1As discussed in the referenced EA, the Maine 

Yankee ISFSI sits on the former site of the Maine 

Yankee Atomic Power Station, which MYAPC 

finished decommissioning in 2005. Although only 

the Maine Yankee ISFSI remains on the site, Maine 

Yankee’s 10 CFR part 50 license, Facility Operating 

License No. DPR–36 remains in effect. Because the 

MYAPC requested an exemption from the 

requirements of 10 CFR part 50, this would be an 

exemption for MYAPC’s 10 CFR part 50 license 

rather than for MYAPC’s 10 CFR part 72 general 

license. Therefore, although MYAPC’s submission 

requested an exemption for the Maine Yankee 

ISFSI, the NRC staff will consider it a request for 

an exemption for the Maine Yankee Atomic Power 

Station. 

includes the name, address, the amount 

to be reimbursed, and the traveler’s 

signature. Travel expenses that are 

reimbursed are confined to those 

expenses essential to the transaction of 

official business for an approved trip. 

Dated: February 23, 2024. 

For the Nuclear Regulatory Commission. 

David C. Cullison, 

NRC Clearance Officer, Office of the Chief 

Information Officer. 

[FR Doc. 2024–04078 Filed 2–27–24; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–309 and 72–30; NRC–2024– 

0020] 

Maine Yankee Atomic Power 

Company; Maine Yankee Atomic 

Power Station; Environmental 

Assessment and Finding of No 

Significant Impact 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an exemption in response to 

the March 31, 2023, request from Maine 

Yankee Atomic Power Company 

(MYAPC or Maine Yankee), for the 

Maine Yankee Atomic Power Station 

(MYAPS), located in Wiscasset, Maine. 

The proposed exemption from NRC 

regulations, if granted, would permit 

MYAPC to make withdrawals from a 

segregated account within Maine 

Yankee’s overall nuclear 

decommissioning trust (NDT), on an 

annual basis, for spent fuel and Greater 

than Class C (GTCC) waste management 

and non-radiological site restoration 

without prior notification to the NRC. 

The NRC staff is issuing an 

environmental assessment (EA) and 

finding of no significant impact (FONSI) 

associated with the proposed 

exemption. 

DATES: The EA and FONSI referenced in 

this document are available on February 

28, 2024. 

ADDRESSES: Please refer to Docket ID 

NRC–2024–0020 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–2024–0020. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. 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 

PDR.Resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• 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 PDR.Resource@nrc.gov 

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: Tilda.Liu@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

By letter dated March 31, 2023, Maine 

Yankee submitted a request to the NRC 

for an exemption from paragraphs 

50.82(a)(8)(i)(A) and 50.75(h)(2) of title 

10 of the Code of Federal Regulations 

(10 CFR) for the Maine Yankee 

Independent Spent Fuel Storage 

Installation (ISFSI).1

Maine Yankee has established a 

separate (segregated) account within its 

over-arching nuclear decommissioning 

trust (NDT), entitled ‘‘ISFSI Radiological 

Decom,’’ that identifies the funds for 

radiological decommissioning of the 

ISFSI apart from the larger balance of 

funds in the NDT allocated for ongoing 

management of spent nuclear fuel and 

Greater than Class C (GTCC) waste and 

for non-radiological site restoration 

activities. Although 10 CFR 50.82 

applies to the segregated account, it 

does not apply to the overall NDT. 

If granted, the exemption from 10 CFR 

50.82(a)(8)(i)(A) and 50.75(h)(2) would 

permit MYAPC to make withdrawals 

from the segregated account, on an 

annual basis, for spent fuel and GTCC 

waste management and non-radiological 

site restoration without prior 

notification to the NRC. More 

specifically, with this exemption, 

MYAPC would be able to annually 

transfer funds exceeding 110 percent of 

the inflation-adjusted decommissioning 

cost estimate, described in 10 CFR 

50.75, from the segregated account to its 

overarching NDT and use those funds 

for spent fuel and GTCC waste 

management and non-radiological site 

restoration. 

Maine Yankee Atomic Power Station 

began commercial operation in 

December 1972, and shut down in 

December 1996. Maine Yankee began 

decommissioning the Maine Yankee 

Atomic Power Station in 1998. After 

ceasing reactor operations, MYAPC 

began transferring spent nuclear fuel 

(SNF) from the spent fuel pool to the 

Maine Yankee ISFSI for long-term dry 

storage. MYAPC completed these 

activities in 2004 and completed its 

final decommissioning of the reactor 

site, except for the ISFSI, which 

included dismantling and removing all 

reactor-related facilities, in 2005. As a 

result, only the ISFSI remains at the old 

plant site of Maine Yankee Atomic 

Power Station in Wiscasset, Maine. By 

letter dated September 30, 2005 

(ADAMS Package Accession No. 

ML052380223), the NRC issued 

Amendment No. 172 to Facility 

Operating License No. DPR–36 to allow 

MYAPC to possess and store SNF at the 

permanently shut down and 

decommissioned facility under the 

provisions of 10 CFR part 72, subpart K, 

‘‘General License for Storage of Spent 

Fuel at Power Reactor Sites.’’ 

The NRC staff is performing both a 

safety evaluation and an environmental 

review to determine whether to grant 

this exemption request. The NRC staff 

will prepare a separate safety evaluation 

report (SER) to document its safety 

review and analysis. The NRC’s SER 

will evaluate the proposed exemption to 

ensure reasonable assurance of adequate 

protection of public health and safety, 

and the common defense and security. 

This EA documents the environmental 


ddrumheller on DSK120RN23PROD with NOTICES1
14724 Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices 

review which the NRC staff prepared in 

accordance with 10 CFR 51.21 and 

51.30(a). The NRC’s decision whether to 

grant the exemption will be based on 

the results of the NRC staff’s review as 

documented in this EA, and the staff’s 

safety review to be documented in the 

SER. 

II. Environmental Assessment 

By letter dated March 31, 2023, Maine 

Yankee submitted a request to the NRC 

for an exemption from 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2). 

If granted, the proposed exemption from 

10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) 

would permit MYAPC to make 

withdrawals from the segregated 

account, on an annual basis, for SNF 

and GTCC waste management and nonradiological site restoration without 

prior notification to the NRC. More 

specifically, with this exemption, 

MYAPC would be able to annually 

transfer funds exceeding 110 percent of 

the inflation-adjusted decommissioning 

cost estimate, described in 10 CFR 

50.75, from the segregated account to its 

overarching NDT and use those funds 

for SNF and GTCC waste management 

and non-radiological site restoration 

activities. 

Need for the Proposed Action 

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 

decommissioning and does not include 

activities associated with management 

of SNF and GTCC waste or nonradiological site restoration. Similarly, 

the requirements of 10 CFR 50.75(h)(2) 

restrict the use of decommissioning 

trust fund disbursements (other than for 

ordinary and incidental expenses) to 

decommissioning expenses until final 

decommissioning has been completed. 

Maine Yankee stated that it has 

established a segregated account, 

entitled ‘‘ISFSI Radiological Decom,’’ 

within its over-arching NDT, that 

identifies the funds for radiological 

decommissioning of the ISFSI. This 

segregated account is separate from the 

larger balance of funds in the NDT 

allocated for ongoing management of 

SNF and GTCC waste and for other nonradiological site restoration activities. 

Therefore, exemption from 10 CFR 

50.82(a)(8)(i)(A) and 50.75(h)(2) is 

needed to allow Maine Yankee to use 

funds from the segregated account for of 

SNF and GTCC waste management and 

other non-radiological site restoration 

activities. 

In its Decommissioning Funding 

Assurance Status Report dated March 6, 

2023, Maine Yankee stated that, as of 

December 31, 2022, its inflationadjusted decommissioning cost estimate 

(DCE) for the radiological 

decommissioning of the ISFSI, is 

approximately $7.4 million in 2022 

dollars, which, it asserted provides 

reasonable assurance of adequate 

funding to complete the NRC-required 

decommissioning activities. In the same 

report, Maine Yankee reported that the 

segregated ‘‘ISFSI Radiological Decom’’ 

account had $56.4 million. More 

specifically, in its exemption request, 

Maine Yankee provided a table showing 

$7,436,375 in 2022 dollars as the 

inflation-adjusted DCE. Maine Yankee’s 

exemption request further stated that 

the segregated account has a balance of 

$56,449,354 as of December 31, 2022, 

meaning that the segregated account had 

a balance of $49,012,979, or 659 percent 

beyond the inflation-adjusted DCE. 

Maine Yankee stated that, if the 

exemption is granted, funds in its 

segregated account which exceed 110 

percent of the inflation-adjusted DCE for 

the radiological decommissioning of the 

ISFSI would be transferred to the 

overarching NDT on an annual basis 

without prior NRC notification. Maine 

Yankee would then use those funds for 

SNF and GTCC waste management and 

non-radiological site restoration, which 

in turn, would allow Maine Yankee to 

return its additional excess funds in the 

overarching NDT to its customers as 

part of future rate cases with the Federal 

Energy Regulatory Commission. 

The requirements of 10 CFR 

50.75(h)(2) further provide that, except 

for withdrawals being made under 10 

CFR 50.82(a)(8) or for payments of 

ordinary administrative costs and other 

incidental expenses of the NDT in 

connection with the operation of the 

NDT, no disbursement may be made 

from the NDT without written notice to 

the NRC at least 30 working days in 

advance. Therefore, an exemption from 

10 CFR 50.75(h)(2) is also needed to 

allow Maine Yankee to use funds from 

the segregated account for SNF and 

GTCC waste management and nonradiological site restoration activities 

without prior NRC notification. 

Environmental Impacts of the Proposed 

Action 

The proposed action involves an 

exemption from requirements that are of 

financial and/or administrative nature 

and that do not have an impact on the 

environment. 

Before the NRC could approve the 

proposed action, it would have to 

conclude that there is reasonable 

assurance that adequate funds are 

available in the segregated account to 

complete all activities associated with 

radiological decommissioning as well as 

SNF and GTCC waste management and 

non-radiological site restoration. 

Therefore, there would be no decrease 

in safety associated with the use of 

funds from the segregated account to 

also fund activities associated with SNF 

and GTCC waste management and nonradiological site-restoration. 

The requested exemption from the 

requirements of 10 CFR 50.82(a)(8)(i)(A) 

and 10 CFR 50.75(h)(2), if approved, 

would allow transfers on an annual 

basis. Maine Yankee stated that it will 

continue to provide its annual 

decommissioning funding assurance 

status report in accordance with the 10 

CFR 50.75(f)(1) and (2) and 10 CFR 

50.82(a)(8)(v) and (vi) requirements. 

These reports provide the NRC staff 

with awareness of, and the ability to act 

on, any actual or potential funding 

deficiencies. As the proposed 

exemption would not affect these 

requirements, the NRC staff would have 

tools available for any potential funding 

deficiencies. Since the exemption 

would allow Maine Yankee to use funds 

from the segregated account that are in 

excess of those required for radiological 

decommissioning, the adequacy of 

funds dedicated for radiological 

decommissioning would not be affected 

by the proposed exemption. Therefore, 

there is reasonable assurance that there 

would be no environmental impact due 

to lack of adequate funding for 

radiological decommissioning. 

Further, there are no new accident 

precursors created by using the excess 

funds from the segregated account for 

SNF and GTCC waste management and 

non-radiological site-restoration. The 

exemption, if granted, would be 

financial and/or administrative in 

nature. Thus, the probability of 

postulated accidents is not increased. 

Also, the consequences of postulated 

accidents are not increased. No changes 

are being made in the types or amounts 

of effluents that may be released offsite. 

There is no significant increase in 

occupational or public radiation 

exposure. Therefore, the requested 

exemption will not present an undue 

risk to the public health and safety. 

With regard to potential nonradiological 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 or 

modification of plant operational 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices 14725 

systems. There would be no changes to 

the quality or quantity of nonradiological effluents. 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 non-radiological 

environmental impacts associated with 

the proposed action. 

For these reasons, the NRC concludes 

there are no significant environmental 

impacts associated with the proposed 

exemption request. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

In addition to the proposed action, the 

NRC staff also considered denial of the 

proposed action (i.e., the ‘‘no-action’’ 

alternative). Denial of the exemption 

request would result in no change in 

current environmental impacts. The 

environmental impacts of the proposed 

action and the alternative action would 

be similar. 

Alternative Use of Resources 

There are no unresolved conflicts 

concerning alternative uses of available 

resources under the proposed action. 

Agencies Consulted 

By email dated January 16, 2024, the 

NRC provided a copy of this draft EA to 

the Maine Department of Health and 

Human Services, Radiological Control 

Program, for review. By email dated 

January 30, 2024, Maine Department of 

Health & Human Services concurred 

with the NRC staff’s determination. 

Endangered Species Act Section 7 

Consultation 

Section 7 of the Endangered Species 

Act of 1973, as amended (ESA), requires 

Federal agencies to consult with the 

U.S. Fish and Wildlife Service or 

National Marine Fisheries Service 

regarding actions that may affect listed 

species or designated critical habitats. 

The ESA is intended to prevent further 

decline of endangered and threatened 

species and restore those species and 

their critical habitat. 

The NRC staff determined that a 

consultation under section 7 of the ESA 

is not required because the proposed 

action will not affect listed species or 

critical habitat. 

National Historic Preservation Act 

Section 106 Consultation 

Section 106 of the National Historic 

Preservation Act (NHPA) requires 

Federal agencies to consider the effects 

of their undertakings on historic 

properties. As stated in the NHPA, 

historic properties are any prehistoric or 

historic district, site, building, structure, 

or object included in, or eligible for 

inclusion in the National Register of 

Historic Places. 

The NRC determined that the scope of 

activities described in this exemption 

request do not have the potential to 

cause effects on historic properties 

because the NRC’s approval of this 

exemption request will not authorize 

new construction or land disturbance 

activities. The NRC staff also 

determined that the proposed action is 

not a type of activity that has the 

potential to impact historic properties 

because the proposed action would 

occur within the established Maine 

Yankee site boundary. Therefore, in 

accordance with 36 CFR 800.3(a)(1), no 

consultation is required under section 

106 of NHPA. 

III. Finding of No Significant Impact 

The environmental impacts of the 

proposed action—an exemption from 

the requirements of 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) 

allowing MYAPC to make withdrawals 

from the segregated account, on an 

annual basis, for SNF and GTCC waste 

management and non-radiological site 

restoration without prior notification to 

the NRC—have been reviewed under the 

requirements in 10 CFR part 51, which 

implement the National Environmental 

Policy Act of 1969, as amended. 

The proposed exemption would not 

have a significant adverse effect on the 

probability of an accident occurring and 

would not have any significant 

radiological or non-radiological impacts. 

The proposed exemption involves an 

exemption from requirements that are of 

a financial and/or administrative nature 

and would not have an impact on the 

human environment. Consistent with 10 

CFR 51.21, the NRC conducted the EA 

for the proposed exemption, and this 

FONSI incorporates by reference the EA 

in Section II of this document. 

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. 

IV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through ADAMS, as 

indicated. 

Document description ADAMS accession No. 

Request for Exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) for the Maine Yankee 

ISFSI, dated March 31, 2023.

ML23113A005. 

Email to State of Maine providing draft environmental assessment related to Maine Yankee exemption request, dated January 16, 2024.ML24024A153. 

Response from State of Maine on draft EA/FONSI, dated January 30, 2024 .................................................. ML24033A284. 

Maine Yankee Decommissioning Funding Assurance Status Report, dated March 6, 2023 ........................... ML23068A011. 

Issuance of Amendment No. 172, to Facility Operating License No. DPR–36—Maine Yankee Atomic 

Power Station, dated September 30, 2005.

ML052380223 (package). 

Dated: February 22, 2024. 

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. 2024–04077 Filed 2–27–24; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2024–0022] 

Information Collection: Generic 

Clearance for the Collection of 

Qualitative Feedback on Agency 

Service Delivery 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Renewal of existing information 

collection; request for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) invites public 

comment on the renewal of Office of 

Management and Budget (OMB) 

approval for an existing collection of 

information. The information collection 

is entitled, ‘‘Generic Clearance for the 


ddrumheller on DSK120RN23PROD with NOTICES1