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[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104236-104239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30394]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-354, 50-272, 50-311, 50-277, and 50-278; CEQ ID SEIS-
429-00-000-1732152679; NRC-2024-0206]

PSEG Nuclear, LLC; Hope Creek Generating Station; Salem 
Generating Station, Units 1 and 2; and Peach Bottom Atomic Power 
Station, Units 2 and 3; Environmental Assessment and Finding of No 
Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions in response to the May 28, 2024, request from 
PSEG Nuclear, LLC (the licensee) for Hope Creek Generating Station 
(Hope Creek); Salem Generating Station, Units 1 and 2 (Salem); and 
Peach Bottom Atomic Power Station, Units 2 and 3 (Peach Bottom). The 
exemptions would allow the licensee to periodically transfer earnings 
from funds dedicated for radiological decommissioning activities in its 
nuclear decommissioning trust (NDT) into separately maintained 
subaccounts within the NDT for certain activities not within the 
definition of ``decommission'' in NRC regulations without prior NRC 
notification. The NRC staff is issuing an environmental assessment (EA) 
and finding of no significant impact (FONSI) associated with the 
proposed exemptions.

[[Page 104237]]

DATES: The EA and FONSI referenced in this document are available on 
December 20, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0206 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-2024-0206. 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.
     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: Rachael Davis, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-0805; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of exemptions from the requirements 
in paragraphs 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of title 10 of the 
Code of Federal Regulations (10 CFR) to the licensee for Renewed 
Facility License Nos. NPF-57, DPR-70, DPR-75, DPR-44, and DPR-56 for 
Hope Creek Generating Station (Hope Creek); Salem Generating Station, 
Units 1 and 2 (Salem); and Peach Bottom Atomic Power Station, Units 2 
and 3 (Peach Bottom), respectively. Hope Creek and Salem are co-located 
in Hancocks Bridge, NJ, and Peach Bottom is located in Delta, PA. The 
licensee requested the exemptions by letter dated May 28, 2024. The 
exemptions would permit the licensee to periodically transfer future 
earnings from the nuclear decommissioning trust (NDT) into ``non-
50.75'' subaccounts within the NDT without prior notice to the NRC. The 
non-50.75 subaccounts would be used to separately account for funds to 
pay for ``decommissioning costs,'' as defined by the U.S. Treasury 
Department,\1\ for each site, that do not fall within the definition of 
``decommission'' in 10 CFR 50.2. These costs include costs for 
radiological and non-radiological activities, including major 
radioactive component (MRC) disposal, site restoration activities, and 
certain spent fuel management activities.
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    \1\ Title 26 of the CFR (26 CFR), section 1.468A-1(b)(6), of the 
Treasury Department regulations implementing section 468A of the 
Internal Revenue Code.
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    As required by 10 CFR 51.21, the NRC performed an EA that analyzed 
the environmental impacts of the proposed action. Based on the results 
of the EA that follows, and in accordance with 10 CFR 51.31(a), the NRC 
has determined not to prepare an environmental impact statement for the 
exemptions and, rather, is issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    Exemptions from 10 CFR 50.82(a)(8)(1)(A) and 10 CFR 50.75(h)(1)(iv) 
would allow the licensee to transfer excess earnings from funds 
dedicated to radiological decommissioning in the NDT into subaccounts 
within the NDT to use for decommissioning costs that do not fall under 
the definition in 10 CFR 50.2, such as spent fuel management, disposal 
of MRCs, and site restoration activities. Exemptions from 10 CFR 
50.75(h)(1)(iv) would also allow the licensee to make transfers from 
the NDT into subaccounts without prior notification to the NRC.
    The proposed action is in accordance with the licensee's 
application dated May 28, 2024.

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 
``decommission'' in 10 CFR 50.2. This definition addresses radiological 
decommissioning and does not include activities associated with 
disposal of MRCs during plant operations, spent fuel management, or 
site restoration.
    The requirements of 10 CFR 50.75(h)(1)(iv) restrict the use of DTF 
disbursements (other than for ordinary and incidental expenses) to 
decommissioning expenses until final decommissioning has been 
completed. Therefore, exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 
CFR 50.75(h)(1)(iv) are needed to allow the licensee to use funds from 
the NDTs for purposes not restricted to radiological decommissioning. 
In its submittal, the licensee stated that, if granted, the funds 
transferred into non-50.75 subaccounts within the NDT would remain 
subject to other applicable requirements, including the Decommissioning 
Trust Agreement. The licensee states that if it cannot use the excess 
funds in the NDT to pay for decommissioning activities other than those 
considered radiological decommissioning until after the completion of 
radiological decommissioning, then the licensee would need to provide 
additional funds to pay for those activities that would not be 
recoverable from the NDT until after final completion of radiological 
decommissioning. The licensee stated that the transferred funds would 
be used to pay for decommissioning costs as defined by the U.S. 
Treasury Department in 26 CFR 1.468A-1(b)(6), for each site. These 
costs include costs for radiological and non-radiological activities, 
including MRC disposal, site restoration activities, and certain spent 
fuel management activities. The requirements of 10 CFR 50.75(h)(1)(iv) 
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 NDTs in connection with the operation of the 
NDTs, no disbursement may be made from the NDTs 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 licensee to use 
funds from the NDTs for spent fuel management and disposal of MRCs 
without prior NRC notification. In summary, by letter dated May 28, 
2024, the licensee requested exemptions to allow transfers of excess 
earnings from funds dedicated to radiological decommissioning in the 
NDT into subaccounts, without prior written notification to the NRC, 
for spent fuel management, disposal of MRCs, and site restoration.

[[Page 104238]]

Environmental Impacts of the Proposed Action

    The proposed action involves exemptions from regulatory 
requirements that are of a financial nature and that do not have an 
incremental impact on the environment. The proposed action does not 
introduce new operational activities beyond actions covered under the 
current licensing bases and the current environmental impact 
statements, rather the proposed action allows the licensee to transfer 
excess earnings from the NDT dedicated to radiological decommissioning 
as defined in 10 CFR 50.2 into subaccounts within the NDT to pay for 
other decommissioning costs not described under the regulation. The NRC 
has completed its evaluation of the proposed action and found that 
reasonable assurance exists that adequate funds will be available in 
PSEG's NDT to complete radiological decommissioning and terminate the 
Part 50 licenses for Salem, Hope Creek, and Peach Bottom. Therefore, 
the NRC staff concludes that there will be no environmental impacts 
from the proposed action.
    Due to the proposed action being financial in nature, it will not 
significantly increase the probability or consequences of radiological 
accidents. The NRC staff has concluded that the proposed action has no 
direct radiological impacts. There would be no change to the types or 
amounts of radiological effluents that may be released; therefore, 
there would be no change in occupational or public radiation exposure 
from the proposed action. 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 would not be affected by the 
exemption. The proposed action 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 action. 
Therefore, there are no significant radiological environmental impacts 
associated with the proposed action.
    With regard to potential non-radiological 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 systems. There would 
be no changes to the quality or quantity of non-radiological 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 action. Therefore, 
there are no significant non-radiological environmental 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 staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the proposed action 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

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

Agencies and Persons Consulted

    No additional agencies or persons were consulted regarding the 
environmental impact of the proposed action.

III. Finding of No Significant Impact

    The licensee has requested exemptions from 10 CFR 50.82(a)(8)(i)(A) 
and 10 CFR 50.75(h)(1)(iv), which would allow the licensee to transfer 
excess earnings from the NDT dedicated to radiological decommissioning 
into subaccounts within the NDT for decommissioning costs as defined by 
the U.S Treasury Department 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 
non-radiological impacts. The reason the human environment would not be 
significantly affected is that the proposed action involves an 
exemption from requirements that are of a financial nature and that do 
not have an impact on the human environment. Consistent with 10 CFR 
51.21, the NRC conducted an EA for the proposed action, and this FONSI 
incorporates 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 May 28, 2024, there are no 
other environmental documents associated with this review. This 
document is available for public inspection as indicated in section I.
    Other considerations regarding the environmental impacts of 
operating Hope Creek and Salem are described in the ``Final 
Environmental Statement Related to the Salem Nuclear Generating Station 
Units 1 and 2, Public Service Electric and Gas Company,'' dated April 
1973, and NUREG-1074,''Final Environmental Statement Related to the 
Operation of Hope Creek Generating Station,'' dated December 1984. The 
most recent environmental impact statement for Hope Creek and Salem is 
NUREG-1437, Supplement 45, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants: Regarding Hope Creek Generating 
Station and Salem Nuclear Generating Station, Units 1 and 2,'' Final 
Report, dated March 2011.
    Other considerations regarding the environmental impacts of 
operating Peach Bottom are described in the ``Final Environmental 
Statement Related to Operation of Peach Bottom Atomic Power Station 
Units 2 and 3,'' dated April 1973; NUREG-1437,Supplement 10, ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding License Renewal for Peach Bottom Atomic Power Station Units 2 
and 3,'' dated January 2003. The most recent environmental impact 
statement for Peach Bottom is NUREG-1437,Supplement 10, ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding License Renewal for Peach Bottom Atomic Power Station Units 2 
and 3,'' dated January 2020.

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.

[[Page 104239]]

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                    Document description                                     Adams accession No.
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Letter from PSEG Nuclear, LLC to NRC titled, ``Request for   ML24150A002 (Package).
 Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR
 50.75(h)(1)(iv) and Proposed Amendment to the
 Decommissioning Trust Agreement,'' dated May 28, 2024.
Final Environmental Statement Related to the Salem Nuclear   ML110400162.
 Generating Station, Units 1 and 2, Public Service Electric
 and Gas Company, dated April 1973.
NUREG-1074,''Final Environmental Statement Related to the    ML20101K322.
 Operation of Hope Creek Generating Station,'' December
 1984.
NUREG-1437, Supplement 45, ``Generic Environmental Impact    ML11089A021.
 Statement for License Renewal of Nuclear Plants: Regarding
 Hope Creek Generating Station and Salem Nuclear Generating
 Station, Units 1 and 2,'' dated March 2011.
Final Environmental Statement Related to Operation of Peach  ML18291A605.
 Bottom Atomic Power Station, Units 2 and 3, dated April
 1973.
NUREG-1437,Supplement 10, ``Generic Environmental Impact     ML030150366 (Package).
 Statement for License Renewal of Nuclear Plants: Regarding
 License Renewal for Peach Bottom Atomic Power Station
 Units 2 and 3,'' dated January 2003.
NUREG-1437,Supplement 10, ``Generic Environmental Impact     ML20023A937.
 Statement for License Renewal of Nuclear Plants: Regarding
 Subsequent License Renewal for Peach Bottom Atomic Power
 Station Units 2 and 3,'' dated January 2020.
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    Dated: December 16, 2024.

    For the Nuclear Regulatory Commission.
Audrey L. Klett,
Senior Project Manager, Plant Licensing Branch 1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-30394 Filed 12-19-24; 8:45 am]
BILLING CODE 7590-01-P
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