[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34311-34313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12060]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-0289; NRC-2022-0115]


Constellation Energy Generation, LLC; Three Mile Island Nuclear 
Station, Unit 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption for Three Mile Island Nuclear Station, Unit 1 
(TMI-1). The exemption would allow the licensee, Constellation Energy 
Generation, LLC (CEG) to use a portion of the TMI-1 decommissioning 
trust fund (DTF) for site restoration activities at TMI-1 without prior 
notice to the NRC. The NRC is issuing an environmental assessment (EA) 
and finding of no significant impact (FONSI) associated with the 
proposed action.

DATES: The EA and FONSI referenced in this document are available on 
June 6, 2022.

ADDRESSES: Please refer to NRC-2022-0115 when contacting the NRC about 
the availability of information regarding this document. You may obtain 
publicly available information related to this document using any of 
the following methods:
    <bullet> Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0115. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#2172554042580f724249544c404f4f614f53420f464e57"><span class="__cf_email__" data-cfemail="07547366647e2954646f726a6669694769756429606871">[email protected]</span></a>. For technical 
questions, contact the individual listed in the ``For Further 
Information Contact'' section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at 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, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#39697d6b176b5c4a564c4b5a5c79574b5a175e564f"><span class="__cf_email__" data-cfemail="95c5d1c7bbc7f0e6fae0e7f6f0d5fbe7f6bbf2fae3">[email protected]</span></a>. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#f0a0b4a2dea295839f85829395b09e8293de979f86"><span class="__cf_email__" data-cfemail="94c4d0c6bac6f1e7fbe1e6f7f1d4fae6f7baf3fbe2">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-6822, email: 
<a href="/cdn-cgi/l/email-protection#c382aebaed90adbaa7a6b183adb1a0eda4acb5"><span class="__cf_email__" data-cfemail="2c6d4155027f425548495e6c425e4f024b435a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of an exemption pursuant to section 
50.12 of title 10 of the Code of Federal Regulations (10 CFR), 
``Specific exemptions,'' for Renewed Facility Operating License No. 
DPR-50, for TMI-1, located in Londonderry Township, Dauphin County, 
Pennsylvania. By letter dated May 20, 2021, Exelon Generation Company, 
LLC, submitted a request for exemption from the specific requirements 
of 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv). The exemption from 10 
CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) would permit the 
licensee to make withdrawals from the TMI-1 DTF for site restoration 
activities at TMI-1 without prior notice to the NRC, in the same manner 
that withdrawals are made under 10 CFR 50.82(a)(8) for radiological 
decommissioning activities. On February 1, 2022, the NRC was notified 
that the Exelon Generation Company, LLC changed its name to 
Constellation Energy Generation, LLC.
    In accordance with 10 CFR 51.21, the NRC has prepared an EA that 
analyzes the environmental effects of the proposed action. Based on the 
results of this EA, and in accordance with 10 CFR 51.31(a), the NRC has 
determined not to prepare an environmental impact statement (EIS) for 
the proposed licensing action and is issuing a FONSI.

II. Environmental Assessment

Description of the Proposed Action

    As described in the licensee's application dated May 20, 2021, the 
proposed action would partially exempt CEG from the requirements set 
forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv). 
Specifically, the proposed action would allow CEG to use funds from the 
DTF for site restoration activities not associated with radiological 
decommissioning activities and would exempt CEG from meeting the 
requirement for prior notification to the NRC for these activities.

Need for the Proposed Action

    By letter dated June 20, 2017, Exelon certified to the NRC that it 
had decided to permanently cease power operations at TMI-1 on or about 
September 30, 2019. Exelon permanently ceased power operations at TMI-1 
on September 20, 2019, and certified all fuel is removed from the 
reactor core on September 26, 2019. On April 5, 2019, pursuant to 10 
CFR 50.82(a)(4)(i), Exelon submitted the post-shutdown decommissioning 
activities report for TMI-1.
    As required by 10 CFR 50.82(a)(8)(i)(A), decommissioning trust 
funds may be used by CEG, the current licensee, if the withdrawals are 
for legitimate decommissioning activity expenses, consistent with the 
definition of decommissioning in 10 CFR 50.2. This definition addresses 
radiological decontamination and does not include activities associated 
with spent fuel management or site restoration. The requirements of 10 
CFR 50.75(h)(1)(iv) also restrict 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. Therefore, an exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 
CFR 50.75(h)(1)(iv) is needed to allow CEG to use funds from the TMI-1 
DTF for site restoration activities at TMI-1.
    The requirements of 10 CFR 50.75(h)(1)(iv) further provide that,

[[Page 34312]]

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 CEG to use funds from the 
TMI-1 DTF for site restoration activities at TMI-1 without prior NRC 
notification.

Environmental Impacts of the Proposed Action

    The proposed actions involve regulatory requirements that are of a 
financial or administrative nature and that do not have an impact on 
the environment. The NRC has completed its evaluation of the proposed 
action and concludes that there is reasonable assurance that adequate 
funds are available in the DTF to complete all activities associated 
with radiological decommissioning. There would be no decrease in safety 
associated with the use of the DTF to fund activities associated with 
site restoration. The NRC regulations in 10 CFR 50.82(a)(8)(v) require 
licensees to submit a financial assurance status report annually 
between the time of submitting their site-specific decommissioning cost 
estimate until they submit their final radiation survey and demonstrate 
that residual radioactivity has been reduced to a level that permits 
termination of the operating license. Section 50.82(a)(8)(vi) requires 
that if the sum of the balance of any remaining decommissioning funds, 
plus expected rate of return, plus any other financial surety mechanism 
relied upon by the licensee, does not cover the estimated costs to 
complete the decommissioning, the financial assurance status report 
must include additional financial assurance to cover the cost of 
completion. These annual reports provide a means for the NRC to monitor 
the adequacy of available funding.
    The proposed exemption would allow CEG to use excess funds from the 
DTF to support site restoration activities not associated with 
radiological decontamination. The NRC staff has determined that there 
is reasonable assurance of adequate funding for radiological 
decommissioning. Specifically, CEG has provided detailed site-specific 
cost-estimates for radiological decommissioning that the NRC staff 
finds sufficiently demonstrate that the funds in the DTF dedicated to 
radiological decommissioning are adequate to complete decommissioning 
and terminate the TMI-1 license, with excess funding available to pay 
for site restoration activities within the scope of the exemption 
request. Thus, there is reasonable assurance that there will be no 
environmental effect due to lack of adequate funding for 
decommissioning.
    The proposed actions will not significantly increase the 
probability or consequences of radiological accidents or change the 
types of effluents released offsite. In addition, there would be no 
significant increase in the amount of any radiological effluent 
released offsite, and no significant increase in occupational or public 
radiation exposure. There would be no materials or chemicals introduced 
into the plant affecting the characteristics or types of effluents 
released offsite. In addition, waste processing systems would not be 
affected by the proposed exemption. Therefore, there would be no 
significant radiological environmental impacts associated with the 
proposed actions.
    Regarding potential nonradiological impacts, the proposed actions 
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 nonradiological effluents, and no changes to 
the plant's National Pollutant Discharge Elimination System permits 
would be needed. In addition, there would be no noticeable effect on 
socioeconomic and environmental justice conditions in the region, no 
air quality impacts, and no potential to affect historic properties. 
Therefore, there would be no significant nonradiological environment 
impacts associated with the proposed actions.
    Accordingly, the NRC concludes that there would be no significant 
environmental impacts associated with the proposed actions.

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 actions (i.e., the ``no-action'' 
alternative). Denial of the exemption requests 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 and Persons Consulted

    In accordance with its stated policy, on May 3, 2022, the staff 
consulted with Commonwealth of Pennsylvania, regarding the 
environmental impact of the proposed action. The state official had no 
comments on the proposed EA and FONSI.

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 CEG to use funds from the 
DTF for site restoration activities, without prior written notification 
to the NRC. The NRC is considering issuing the requested exemption. The 
proposed action would not significantly affect plant safety, would not 
have a significant adverse effect on the probability of an accident 
occurring, and would not have any significant radiological or 
nonradiological impacts. The reason the human environment would not be 
significantly affected is that the proposed action involves an 
exemption from requirements that are of a financial or administrative 
nature and that do not have an impact on the human environment.
    Consistent with 10 CFR 51.21, the NRC conducted the EA for the 
proposed action, and this FONSI incorporates by reference the EA 
included in Section II of this notice. 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 
there is no need to prepare an EIS for the proposed action.
    As required by 10 CFR 51.32(a)(5), the related environmental 
document is the ``Generic Environmental Impact Statement for License 
Renewal of Nuclear Plants: Regarding Three Mile Island Nuclear Station, 
Unit 1, Final Report,'' (NUREG-1437, Supplement 37), which provides the 
latest environmental review of current operations and description of 
environmental conditions at TMI-1.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through ADAMS.

[[Page 34313]]



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                                                               ADAMS
                        Document                           Accession No.
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Notification of Completion of License Transfer and           ML22032A333
 Request to Continue Processing Pending NRC Actions
 Previously Requested by Exelon Generation Company, LLC,
 dated February 1, 2022.................................
Three Mile Island Nuclear Station, Unit 1, Request for       ML21140A311
 Exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR
 50.75(h)(1)(iv), dated May 20, 2021....................
Three Mile Island Nuclear Station, Unit 1--Certification     ML17171A151
 of Permanent Cessation of Power Operations, dated June
 20, 2017...............................................
Certification of Permanent Removal of Fuel from the          ML19269E480
 Reactor Vessel for Three Mile Island Nuclear Station,
 Unit 1, dated September 26, 2019.......................
Three Mile Island Nuclear Station, Unit 1--Post-Shutdown     ML19095A041
 Decommissioning Activities Report, dated April 5, 2019.
NUREG-1437, Supplement 37, ``Generic Environmental           ML091751063
 Impact Statement for License Renewal of Nuclear Plants,
 Supplement 37, Regarding Three Mile Island Nuclear
 Station, Unit 1,'' dated June 2009.....................
Three Mile Island Nuclear Station, Unit 1--Proposed          ML22125A010
 Action--Proposed FONSI for TMI-1 Exemption Request from
 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv)
 notification of Commonwealth of Pennsylvania Response,
 dated May 3, 2022......................................
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    Dated: June 1, 2022.

    For the Nuclear Regulatory Commission.
Jane E. Marshall,
Director, Division of Decommissioning, Uranium Recovery, and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-12060 Filed 6-3-22; 8:45 am]
BILLING CODE 7590-01-P


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