Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 13381 

submitting comments, see their FAQs at 

https://www.regulations.gov/faq. 

If you are unable to comment via 

regulations.gov, you may email us at 

request.schedule@nara.gov for 

instructions on submitting your 

comment. You must cite the control 

number of the schedule you wish to 

comment on. You can find the control 

number for each schedule in 

parentheses at the end of each 

schedule’s entry in the list at the end of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Eddie Germino, Strategy and 

Performance Division, by email at 

regulation_comments@nara.gov or at 

301–837–3758. For information about 

records schedules, contact Records 

Management Operations by email at 

request.schedule@nara.gov or by phone 

at 301–837–1799. 

SUPPLEMENTARY INFORMATION: 

Public Comment Procedures 

We are publishing notice of records 

schedules in which agencies propose to 

dispose of records they no longer need 

to conduct agency business. We invite 

public comments on these records 

schedules, as required by 44 U.S.C. 

3303a(a), and list the schedules at the 

end of this notice by agency and 

subdivision requesting disposition 

authority. 

In addition, this notice lists the 

organizational unit(s) accumulating the 

records or states that the schedule has 

agency-wide applicability. It also 

provides the control number assigned to 

each schedule, which you will need if 

you submit comments on that schedule. 

We have uploaded the records 

schedules and accompanying appraisal 

memoranda to the regulations.gov 

docket for this notice as ‘‘other’’ 

documents. Each records schedule 

contains a full description of the records 

at the file unit level as well as their 

proposed disposition. The appraisal 

memorandum for the schedule includes 

information about the records. 

We will post comments, including 

any personal information and 

attachments, to the public docket 

unchanged. Because comments are 

public, you are responsible for ensuring 

that you do not include any confidential 

or other information that you or a third 

party may not wish to be publicly 

posted. If you want to submit a 

comment with confidential information 

or cannot otherwise use the 

regulations.gov portal, you may contact 

request.schedule@nara.gov for 

instructions on submitting your 

comment. 

We will consider all comments 

submitted by the posted deadline and 

consult as needed with the Federal 

agency seeking the disposition 

authority. After considering comments, 

we may or may not make changes to the 

proposed records schedule. The 

schedule is then sent for final approval 

by the Archivist of the United States. 

After the schedule is approved, we will 

post on regulations.gov a ‘‘Consolidated 

Reply’’ summarizing the comments, 

responding to them, and noting any 

changes we made to the proposed 

schedule. You may elect at 

regulations.gov to receive updates on 

the docket, including an alert when we 

post the Consolidated Reply, whether or 

not you submit a comment. If you have 

a question, you can submit it as a 

comment, and can also submit any 

concerns or comments you would have 

to a possible response to the question. 

We will address these items in 

consolidated replies along with any 

other comments submitted on that 

schedule. 

We will post schedules on our 

website in the Records Control Schedule 

(RCS) Repository, at https://

www.archives.gov/records-mgmt/rcs, 

after the Archivist approves them. The 

RCS contains all schedules approved 

since 1973. 

Background 

Each year, Federal agencies create 

billions of records. To control this 

accumulation, agency records managers 

prepare schedules proposing retention 

periods for records and submit these 

schedules for NARA’s approval. Once 

approved by NARA, records schedules 

provide mandatory instructions on what 

happens to records when no longer 

needed for current Government 

business. The records schedules 

authorize agencies to preserve records of 

continuing value in the National 

Archives or to destroy, after a specified 

period, records lacking continuing 

administrative, legal, research, or other 

value. Some schedules are 

comprehensive and cover all the records 

of an agency or one of its major 

subdivisions. Most schedules, however, 

cover records of only one office or 

program or a few series of records. Many 

of these update previously approved 

schedules, and some include records 

proposed as permanent. 

Agencies may not destroy Federal 

records without the approval of the 

Archivist of the United States. The 

Archivist grants this approval only after 

thorough consideration of the records’ 

administrative use by the agency of 

origin, the rights of the Government and 

of private people directly affected by the 

Government’s activities, and whether or 

not the records have historical or other 

value. Public review and comment on 

these records schedules is part of the 

Archivist’s consideration process. 

Schedules Pending 

1. Department of Energy, Agencywide, Financial Management and 

Reporting Records (DAA–0434–2021– 

0001). 

2. Department of Health and Human 

Services, Office of the Secretary, Official 

Enforcement Case Files of the Office for 

Civil Rights (DAA–0468–2023–0001). 

3. Department of Justice, Federal 

Bureau of Investigation, Career Board 

Records (DAA–0065–2022–0001). 

4. Department of Transportation, 

Federal Transit Administration, Transit 

Integrated Appian Development 

platform (DAA–0408–2021–0001). 

5. American Battle Monuments 

Commission, Agency-Wide, Cemetery 

Maintenance and Facilities (DAA–0117– 

2023–0001). 

6. Peace Corps, Agency-Wide, 

Authorization To Use Personal 

Materials Agreement (DAA–0490–2023– 

0002). 

Laurence Brewer, 

Chief Records Officer for the U.S. 

Government. 

[FR Doc. 2024–03561 Filed 2–21–24; 8:45 am] 

BILLING CODE 7515–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–305; NRC–2024–0023] 

Kewaunee Solutions, Inc; Kewaunee 

Power Station; Exemption 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued an 

exemption in response to a request from 

Kewaunee Solutions, Inc. that would 

permit it to use funds from the 

Kewaunee Power Station nuclear 

decommissioning trust for the 

management of site restoration activities 

and allow trust disbursements for site 

restoration activities to be made without 

prior notice to the NRC. 

DATES: The exemption was issued on 

January 26, 2024. 

ADDRESSES: Please refer to Docket ID 

NRC–2024–0023 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 


lotter on DSK11XQN23PROD with NOTICES1
13382 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 

for Docket ID NRC–2024–0023. 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. 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. 

• 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: Karl 

Sturzebecher, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

8534, email: Karl.Sturzebecher@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemption is attached. 

Dated: February 15, 2024. 

For the Nuclear Regulatory Commission. 

Marlayna V. Doell, 

Project Manager, Reactor Decommissioning 

Branch, Division of Decommissioning, 

Uranium Recovery and Waste Programs, 

Office of Nuclear Material Safety and 

Safeguards. 

Attachment—Exemption 

Nuclear Regulatory Commission 

Docket No. 50–305 

Kewaunee Solutions, Inc. 

Kewaunee Power Station 

Exemption 

I. Background 

The Kewaunee Power Station (KPS) 

consists of a permanently shutdown and 

defueled pressurized water reactor 

located in Kewaunee County, 

Wisconsin. On May 7, 2013, the licensee 

at that time, Dominion Energy 

Kewaunee (DEK), permanently ceased 

power operations at KPS. On May 14, 

2013, DEK certified that it had 

permanently defueled the KPS reactor 

vessel (Agencywide Documents Access 

and Management System (ADAMS) 

Accession No. ML13135A209). On May 

21, 2014 (ML13225A224), the U.S. 

Nuclear Regulatory Commission (NRC) 

approved an exemption from the 

specific requirements of paragraph 

(a)(8)(i)(A) of Section 50.82 

‘‘Termination of license,’’ of Part 50, 

‘‘Domestic Licensing of Production and 

Utilization Facilities,’’ of Title 10 of the 

Code of Federal Regulations (10 CFR) 

and paragraph (h)(1)(iv) of 10 CFR 

50.75, ‘‘Reporting and recordkeeping for 

decommissioning planning,’’ for KPS. 

This exemption authorizes the licensee 

to use funds from the KPS nuclear 

decommissioning trust (NDT) for the 

management of spent nuclear fuel, and 

allows trust disbursements for spent 

fuel management to be made without 

prior NRC notice. 

By letter dated March 29, 2023 

(ML23093A031), Kewaunee Solutions, 

Inc., and EnergySolutions, LLC 

(Kewaunee Solutions and 

EnergySolutions, respectively, or the 

licensees), submitted, pursuant to 10 

CFR 50.12, ‘‘Specific Exemptions,’’ a 

request for an exemption to 10 CFR 

50.82(a)(8)(i)(A) that would allow KPS 

to use funds from the NDT for site 

restoration activities. Pursuant to 10 

CFR 50.12, the licensees also requested 

an exemption from 10 CFR 

50.75(h)(1)(iv), which would allow trust 

disbursements for site restoration 

activities to be made without prior 

notice to the NRC, similar to 

withdrawals in accordance with 10 CFR 

50.82(a)(8) for decommissioning 

activities. 

By letter dated October 5, 2023 

(ML23278A100), the licensees provided 

a response to an NRC request for 

additional information (RAI), dated 

August 29, 2023 (ML23222A152), 

pertaining to decommissioning trust 

fund (DTF) cash flows that were 

provided in the initial exemption 

request submittal. The funds within the 

DTF were collected in compliance with 

the 10 CFR 50.75 financial requirements 

while KPS was operating. The licensees 

included with the exemption request a 

cash flow analysis reflecting the balance 

of funds within the trust throughout the 

decommissioning period, based upon a 

DECON decommissioning method 

ending in 2055, which is the year of 

anticipated license termination. 

II. Request/Action 

The request for an exemption from the 

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

and 10 CFR 50.75(h)(1)(iv) would allow 

the licensees to use funds from the KPS 

NDT for the management of site 

restoration activities and allow trust 

disbursements for site restoration 

activities to be made without prior 

notice to the NRC. The licensee’s initial 

basis for the exemption request relied 

upon financial and other 

decommissioning data reflected in a 

May 13, 2021, letter from 

EnergySolutions titled ‘‘Notification of 

Amended Post Shutdown 

Decommissioning Activities Report 

(Revision 2) for Kewaunee Power 

Station’’ (ML21145A083), as well as on 

decommissioning cost estimate data 

provided with that letter. However, 

during the course of its review the NRC 

staff concluded that the status of 

funding in the KPS DTF had changed 

since submission of the May 13, 2021, 

letter. Specifically, the NRC staff noted 

that there were significant differences in 

the expenditure and cash flow data 

reported in the Post-Shutdown 

Decommissioning Activities Report 

(PSDAR) and site-specific 

decommissioning cost estimate (SSDCE) 

that formed the basis of the exemption 

request, and a more recent DTF Status 

Report, dated March 30, 2023 

(ML23089A304), for the KPS NDT, 

which reflects financial data through 

December 31, 2022. Therefore, the NRC 

staff raised a concern that the PSDAR 

and SSDCE data on which the NRC was 

to base its analysis of the portion of the 

exemption request relating to the 

requirement in 10 CFR 50.82(a)(8)(i)(A), 

to allow use of funds from the KPS NDT 

for site restoration activities, was 

outdated, and thus did not provide the 

timely information necessary for the 

staff to complete its analysis. 

Subsequently, the NRC staff requested 

additional information from the 

licensees in an RAI letter dated August 

29, 2023, requesting, in part, ‘‘. . . 

revised license termination, spent fuel 

management, and site restoration plans, 

including forecasted cash flow 

expenditure data, that reflect Kewaunee 

Solution’s current assumptions about 

the decommissioning method, 

decommissioning activities, and the 

schedule of such activities for KPS,’’ so 

that the staff could perform its analysis 

of the requested exemption with more 

timely data. The licensees responded by 

letter dated October 5, 2023, explaining 

that the basis for demonstrating 

adequate funding for the exemption 

request is provided in (1) the March 30, 

2023, KPS DTF Status Report, which 

includes detailed license termination, 

spent fuel management, and site 

restoration costs; and (2) the total 

forecasted expenditure data provided in 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 13383 

the RAI response, which is based on the 

DECON decommissioning method and 

the current schedule for 

decommissioning and license 

termination activities for KPS. 

The requirement at 10 CFR 

50.82(a)(8)(i)(A) restricts withdrawals 

from an NDT to expenses for legitimate 

decommissioning activities consistent 

with the definition in 10 CFR 50.2, 

‘‘Definitions.’’ The definition of 

‘‘decommission’’ in 10 CFR 50.2 does 

not include activities associated with 

site restoration. Specifically, the 

definition of ‘‘decommission’’ in 10 CFR 

50.2 is ‘‘to remove a facility or site 

safely from service and reduce residual 

radioactivity to a level that permits (1) 

release of the property for unrestricted 

use and termination of the license; or (2) 

release of the property under restricted 

conditions and termination of the 

license.’’ 

The requirement at 10 CFR 

50.75(h)(1)(iv) also restricts the use of 

DTF disbursements (other than for 

ordinary administrative costs and other 

incidental expenses of the fund in 

connection with the operation of the 

fund) to decommissioning expenses 

until final radiological 

decommissioning is completed. While 

the NRC previously approved an 

exemption for KPS to use funds from 

the KPS NDT for the management of 

spent fuel, an additional exemption 

from 10 CFR 50.82(a)(8)(i)(A) and 10 

CFR 50.75(h)(1)(iv) is needed to allow 

the licensees to use funds from the KPS 

NDT for site restoration activities at 

KPS. The requirement at 10 CFR 

50.75(h)(1)(iv) further provides 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 fund in connection with the 

operation of the fund, no disbursement 

may be made from the DTF without 

written notice to the NRC at least 30 

working days in advance. Therefore, an 

exemption from 10 CFR 50.75(h)(1)(iv) 

is also needed to allow the licensees to 

use funds from the KPS NDT for site 

restoration activities at KPS without 

prior NRC notification. 

III. Discussion 

Pursuant to 10 CFR 50.12, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR part 50 (1) when 

the exemptions are authorized by law, 

will not present an undue risk to the 

public health and safety, and are 

consistent with the common defense 

and security; and (2) when any of the 

special circumstances listed in 10 CFR 

50.12(a)(2) are present. These special 

circumstances include, among other 

things: 

(ii) Application of the regulation in the 

particular circumstances would not serve the 

underlying purpose of the rule or is not 

necessary to achieve the underlying purpose 

of the rule; and 

(iii) Compliance would result in undue 

hardship or other costs that are significantly 

in excess of those contemplated when the 

regulation was adopted, or that are 

significantly in excess of those incurred by 

others similarly situated. 

A. Authorized by Law 

The requested exemption from the 

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

and 10 CFR 50.75(h)(1)(iv) would allow 

the licensees to use a portion of the 

funds from the KPS DTF for site 

restoration activities at KPS without 

prior notice to the NRC, in the same 

manner that withdrawals are made 

under 10 CFR 50.82(a)(8) for 

decommissioning activities and through 

use of a previously authorized 

exemption for KPS spent fuel 

management activities. As stated above, 

10 CFR 50.12 allows the NRC to grant 

exemptions from the requirements of 10 

CFR part 50 when the exemptions are 

authorized by law. The NRC staff has 

determined, as explained below, that 

granting the licensees’ proposed 

exemption will not result in a violation 

of the Atomic Energy Act of 1954, as 

amended, or the Commission’s 

regulations. Therefore, the exemption is 

authorized by law. 

B. No Undue Risk to Public Health and 

Safety 

The underlying purpose of 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv) is to provide reasonable 

assurance that adequate funds will be 

available for the radiological 

decommissioning of power reactors. 

Based on the licensees’ PSDAR, SSDCE, 

the most recent KPS DTF Status Report, 

additional information provided by the 

licensees in response to the NRC staff’s 

RAI on this exemption request, and 

conclusions reached by the NRC staff in 

its independent cash flow analysis, the 

use of a portion of the KPS DTF for site 

restoration activities at KPS will not 

adversely impact the licensees’ ability to 

complete radiological decommissioning 

within 60 years and terminate the KPS 

license. Furthermore, an exemption 

from 10 CFR 50.75(h)(1)(iv) to allow 

KPS to make withdrawals from the DTF 

for site restoration activities without 

prior written notification to the NRC 

will not affect the sufficiency of funds 

in the DTF to accomplish radiological 

decommissioning. This is because such 

withdrawals are still constrained by the 

provisions of 10 CFR 50.82(a)(8)(i)(B)– 

(C) and are reviewable under the annual 

reporting requirements of 10 CFR 

50.82(a)(8)(v)–(vii). Therefore, KPS 

decommissioning trust funds, in 

accordance with 10 CFR 

50.82(a)(8)(i)(B)–(C), may only be used 

by the licensee if: (1) an expenditure 

would not reduce the value of the 

decommissioning trust below an 

amount necessary to place and maintain 

the reactor in a safe storage condition if 

unforeseen conditions or expenses arise 

and; (2) the withdrawals would not 

inhibit the ability of the licensees to 

complete funding of any shortfalls in 

the DTF needed to ensure the 

availability of funds to ultimately 

release the site and terminate the 

license. 

Based on the NRC staff’s analysis of 

the information provided in support of 

this exemption request, as 

supplemented, there are no new 

accident precursors created by using the 

DTF in the proposed manner. Thus, the 

probability of postulated accidents is 

not increased. In addition, based on the 

above, 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 public health and safety. 

C. Consistent With the Common Defense 

and Security 

The requested exemption would 

allow the licensees to use funds from 

the KPS NDT for the management of site 

restoration activities and allow trust 

disbursements for site restoration 

activities to be made without prior 

notice to the NRC. Spent fuel 

management under paragraph (bb) of 10 

CFR 50.54, ‘‘Conditions of licenses,’’ is 

an integral part of the planned KPS 

decommissioning and license 

termination process; the NRC previously 

approved an exemption for KPS to use 

funds from the KPS NDT for the 

management of spent fuel. The current 

change, to enable the use of a portion of 

the funds from the DTF for site 

restoration activities, and to do so 

without prior written NRC notification, 

has no relation to security issues. 

Therefore, the common defense and 

security is not impacted by the 

requested exemption. 

D. Special Circumstances 

Special circumstances, in accordance 

with 10 CFR 50.12(a)(2)(ii), are present 

whenever application of the regulation 

in the particular circumstances is not 


lotter on DSK11XQN23PROD with NOTICES1
13384 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 

necessary to achieve the underlying 

purpose of the regulation. 

The underlying purpose of 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv), which restrict 

withdrawals from the DTF to expenses 

for radiological decommissioning 

activities, is to provide reasonable 

assurance that adequate funds will be 

available to complete radiological 

decommissioning of power reactors and 

achieve license termination. Strict 

application of these requirements would 

prohibit the withdrawal of funds from 

the KPS DTF for activities other than 

radiological decommissioning activities 

at KPS, such as for spent fuel 

management and site restoration 

activities, until final radiological 

decommissioning at KPS has been 

completed. As noted above, the NRC 

previously approved an exemption for 

the licensees to use funds from the KPS 

NDT for the management of spent fuel 

on May 21, 2014. 

According to the March 30, 2023, KPS 

DTF Status Report, the DTF for KPS 

contained $745.6 million as of 

December 31, 2022. The licensees’ 

analysis projects that the total remaining 

radiological decommissioning costs at 

KPS will be approximately $654 million 

(2023 dollars), including the costs for 

decommissioning the onsite 

independent spent fuel storage 

installation (ISFSI). As required by 10 

CFR 50.54(bb), the licensees estimated 

the costs associated with spent fuel 

management at KPS to be $36.1 million 

(2023 dollars). Site restoration costs are 

estimated at $38.1 million (2023 

dollars). This reflects a total remaining 

estimated cost of approximately $728.2 

million for radiological 

decommissioning, spent fuel 

management, and site restoration 

activities, with license termination 

anticipated in 2055. In its analysis, the 

NRC staff assumed a 2 percent annual 

real rate of return on the DTF balance 

as allowed by 10 CFR 50.75(e)(1)(ii), and 

determined the projected earnings of the 

DTF. 

The NRC staff’s independent cash 

flow analysis projects that the KPS DTF 

will contain approximately $84.3 

million following completion of 

radiological decommissioning activities 

at the site (year 2031), and $122.9 

million at the end of all license 

termination, spent fuel management, 

and site restoration activities (year 

2055), when considering use of the KPS 

DTF for payment of spent fuel 

management and site restoration 

expenses. The NRC staff’s analysis 

aligns with the cash flow analysis 

provided by the licensees in their 

submittals. Tax liabilities related to DTF 

investments are not reflected in the NRC 

staff’s analysis. 

The NRC staff confirmed that the 

current funds and projected earnings of 

the KPS DTF provide reasonable 

assurance of adequate funding to 

complete all NRC-required radiological; 

decommissioning activities at KPS, as 

well as to pay for spent fuel 

management and site restoration 

activities. Therefore, the NRC staff finds 

that the licensees have provided 

reasonable assurance that adequate 

funds will be available for the 

radiological decommissioning of KPS, 

even with the disbursement of funds 

from the DTF for spent fuel management 

and site restoration activities. 

Consequently, the NRC staff concludes 

that application of the requirements of 

10 CFR 50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv), in addition to 

application of a previously authorized 

exemption for spent fuel management 

activities at KPS, which provide that 

funds from the DTF only be used for 

radiological decommissioning activities 

and not for site restoration activities, is 

not necessary to achieve the underlying 

purpose of the rule. Thus, special 

circumstances are present supporting 

approval of the exemption request. 

In its submittal, the licensees also 

requested exemption from the 

requirement of 10 CFR 50.75(h)(1)(iv) 

concerning prior written notification to 

the NRC of withdrawals from the DTF 

to fund activities other than radiological 

decommissioning. The underlying 

purpose of notifying the NRC prior to 

withdrawal of funds from the DTF is to 

provide the opportunity for NRC 

intervention, when deemed necessary, if 

the withdrawals are for expenses other 

than those authorized by 10 CFR 

50.75(h)(1)(iv), 10 CFR 50.82(a)(8), and 

by the previously approved exemption 

for spent fuel management expenditures 

from the DTF, which could result in 

there being insufficient funds in the 

DTF to accomplish radiological 

decommissioning. 

By granting the exemption to 10 CFR 

50.75(h)(1)(iv) and 10 CFR 

50.82(a)(8)(i)(A), the NRC staff considers 

that withdrawals consistent with the 

licensees’ submittal dated March 29, 

2023, are authorized. As stated 

previously, the NRC staff determined 

that there are sufficient funds in the 

KPS DTF to complete radiological 

decommissioning activities, as well as 

to conduct spent fuel management and 

site restoration activities, consistent 

with the licensees’ PSDAR and SSDCE, 

dated May 13, 2021, as well as the 

information provided in support of its 

exemption request, as supplemented. 

Pursuant to the requirements in 10 

CFR 50.82(a)(8)(v) and (vii), licensees 

are required to monitor and annually 

report to the NRC the status of the DTF 

and the licensee’s funding for spent fuel 

management. These reports provide the 

NRC staff with awareness of, and the 

ability to take action on, any actual or 

potential funding deficiencies. 

Additionally, 10 CFR 50.82(a)(8)(vi) 

requires that the annual DTF Status 

Report must include additional 

financial assurance to cover the 

estimated cost of completion of 

radiological decommissioning if the 

sum of the balance of any remaining 

decommissioning funds, plus earnings 

on such funds calculated at not greater 

than a 2-percent real rate of return, 

together with the amount provided by 

other financial assurance methods being 

relied upon, does not cover the 

estimated cost to complete 

decommissioning. 

The requested exemption would not 

allow the withdrawal of funds from the 

KPS DTF for any purpose that is not 

currently authorized in the regulations, 

or that has previously been authorized 

by exemption from the NRC, without 

prior notification to the NRC. Therefore, 

the granting of the exemption to 10 CFR 

50.75(h)(1)(iv) to allow the licensees to 

make withdrawals from the KPS DTF to 

cover authorized expenses for site 

restoration activities without prior 

written notification to the NRC will still 

meet the underlying purpose of the 

regulation. 

Special circumstances, in accordance 

with 10 CFR 50.12(a)(2)(iii), are present 

whenever compliance would result in 

undue hardship or other costs that are 

significantly in excess of those 

contemplated when the regulation was 

adopted, or that are significantly in 

excess of those incurred by others 

similarly situated. The licensees state, 

and the NRC staff has confirmed, that 

the KPS DTF contains funds in excess 

of the estimated costs of radiological 

decommissioning. The licensees further 

state that these excess funds are needed 

for spent fuel management and site 

restoration activities. The NRC does not 

preclude the use of funds from the NDT 

in excess of those needed for 

radiological decommissioning for other 

purposes, such as spent fuel 

management or site restoration 

activities. 

The NRC has previously stated that 

funding for spent fuel management and 

site restoration activities may be 

commingled in the DTF, provided that 

the licensee is able to identify and 

account for the radiological 

decommissioning funds separately from 

the funds set aside for spent fuel 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 13385 

management and site restoration 

activities (see NRC Regulatory Issue 

Summary 2001–07, ‘‘10 CFR 50.75 

Reporting and Recordkeeping for 

Decommissioning Planning,’’ Revision 

1, dated January 8, 2009 

(ML083440158), and Regulatory Guide 

1.184, ‘‘Decommissioning of Nuclear 

Power Reactors,’’ Revision 1, dated 

October 2013 (ML13144A840)). 

Preventing access to those excess funds 

in DTFs because spent fuel management 

and site restoration activities are not 

associated with radiological 

decommissioning would create an 

unnecessary financial burden without 

any corresponding safety benefit. The 

adequacy of the KPS DTF to cover the 

cost of activities associated with site 

restoration, in addition to radiological 

decommissioning and spent fuel 

management, is supported by the 

licensees’ SSDCE for KPS. If the KPS 

DTF cannot be used for site restoration 

activities, the licensees would need to 

obtain additional funding that would 

not be recoverable from the DTF, or 

would have to modify the 

decommissioning approach and 

methods planned at KPS. The NRC staff 

concludes that either outcome would 

impose an unnecessary and undue 

burden significantly in excess of that 

contemplated when 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv) were adopted. 

The underlying purpose of 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv) would continue to be 

achieved by allowing the licensees to 

use a portion of the KPS DTF for site 

restoration activities without prior NRC 

notification, and compliance with the 

regulations would result in an undue 

hardship or other costs that are 

significantly in excess of those 

contemplated when the regulations 

were adopted. Thus, the special 

circumstances required by 10 CFR 

50.12(a)(2)(ii) and (iii) exist and support 

the approval of the requested 

exemption. 

E. Environmental Considerations 

In accordance with paragraph (a) of 10 

CFR 51.31, ‘‘Determinations based on 

environmental assessment,’’ the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment, as discussed in the 

NRC staff’s Environmental Assessment 

and Finding of No Significant Impact 

published on January 25, 2024 (89 FR 

4999). 

IV. Conclusion 

In consideration of the above, the 

NRC staff finds that the proposed 

exemption confirms the adequacy of 

funding in the KPS DTF, considering 

growth, to complete radiological 

decommissioning of the site and to 

terminate the license, as well as to cover 

the estimated costs of spent fuel 

management and site restoration 

activities. 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

50.12(a), the exemption is authorized by 

law, will not present an undue risk to 

public health and safety, and is 

consistent with the common defense 

and security. Also, special 

circumstances are present. Therefore, 

the Commission hereby grants 

Kewaunee Solutions, Inc., and 

EnergySolutions, LLC an exemption 

from the requirements of 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv) to allow the use of a 

portion of the funds from the KPS DTF 

for site restoration activities in 

accordance with (1) the licensees’ 

PSDAR and SSCE, (2) forecasted cost 

and scheduling information from the 

most recent KPS DTF Status Report, and 

(3) as provided in response to the NRC’s 

RAI on this exemption request. 

Additionally, the Commission hereby 

grants the licensees an exemption from 

the requirement of 10 CFR 

50.75(h)(1)(iv) to allow such 

withdrawals from the KPS DTF for site 

restoration activities without prior NRC 

notification. 

This exemption is effective upon 

issuance. 

Dated: January 26, 2024. 

For the Nuclear Regulatory Commission. 

/RA/ 

Jane Marshall, 

Director, Division of Decommissioning, 

Uranium Recovery, and Waste Programs, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 2024–03543 Filed 2–21–24; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL SERVICE 

International Product Change—Priority 

Mail Express International, Priority Mail 

International & First-Class Package 

International Service Agreement 

AGENCY: Postal ServiceTM. 

ACTION: Notice. 

SUMMARY: The Postal Service gives 

notice of filing a request with the Postal 

Regulatory Commission to add a Priority 

Mail Express International, Priority Mail 

International & First-Class Package 

International Service contract to the list 

of Negotiated Service Agreements in the 

Competitive Product List in the Mail 

Classification Schedule. 

DATES: Date of notice: February 22, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Christopher C. Meyerson, (202) 268– 

7820. 

SUPPLEMENTARY INFORMATION: The 

United States Postal Service® hereby 

gives notice that, pursuant to 39 U.S.C. 

3642 and 3632(b)(3), on February 2, 

2024, it filed with the Postal Regulatory 

Commission a USPS Request to Add 

Priority Mail Express International, 

Priority Mail International & First-Class 

Package International Service Contract 

36 to Competitive Product List. 

Documents are available at 

www.prc.gov, Docket Nos. MC2024–180 

and CP2024–186. 

Christopher Doyle, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2024–03563 Filed 2–21–24; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

International Product Change—Priority 

Mail Express International, Priority Mail 

International & Commercial ePacket 

Agreement 

AGENCY: Postal ServiceTM. 

ACTION: Notice. 

SUMMARY: The Postal Service gives 

notice of filing a request with the Postal 

Regulatory Commission to add a Priority 

Mail Express International, Priority Mail 

International & Commercial ePacket 

contract to the list of Negotiated Service 

Agreements in the Competitive Product 

List in the Mail Classification Schedule. 

DATES: Date of notice: February 22, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Christopher C. Meyerson, (202) 268– 

7820. 

SUPPLEMENTARY INFORMATION: The 

United States Postal Service® hereby 

gives notice that, pursuant to 39 U.S.C. 

3642 and 3632(b)(3), on February 7, 

2024, it filed with the Postal Regulatory 

Commission a USPS Request to Add 

Priority Mail Express International, 

Priority Mail International & 

Commercial ePacket Contract 4 to 

Competitive Product List. Documents 

are available at www.prc.gov, Docket 

Nos. MC2024–186 and CP2024–192. 

Colleen Hibbert-Kapler, 

Attorney, Ethics and Legal Compliance. 

[FR Doc. 2024–03633 Filed 2–21–24; 8:45 am] 

BILLING CODE 7710–12–P 


lotter on DSK11XQN23PROD with NOTICES1