[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Notices]
[Pages 48268-48271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15777]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2023-0123]


Environmental Assessment and Finding of No Significant Impact of 
Independent Spent Fuel Storage Facilities Decommissioning Funding Plans

AGENCY: Nuclear Regulatory Commission.

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

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing 
this notice regarding the issuance of a final environmental assessment 
(EA) and a finding of no significant impact (FONSI) for its review and 
approval of the updated decommissioning funding plans (DFPs) submitted 
by independent spent fuel storage installation (ISFSI) licensees for 
the ISFSIs listed in the ``Discussion'' section of this document.

DATES: The EA and FONSI referenced in this document are available on 
July 26, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0123 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0123. 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]. 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 
[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: Tilda Liu, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 404-997-4730; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering the approval of the updated DFPs submitted 
by ISFSI licensees. The NRC staff has prepared a final EA and FONSI 
determination for each of the updated ISFSI DFPs in accordance with the 
NRC regulations in part 51 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Environmental Protection Regulations for 
Domestic Licensing and Related Regulatory Functions,'' which implement 
the National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.).
    The NRC requires its licensees to plan for the eventual 
decommissioning of their licensed facilities prior to license 
termination. On June 17, 2011, the NRC published a final rule in the 
Federal Register amending its decommissioning planning regulations (76 
FR 35511). The final rule amended the NRC regulation, 10 CFR 72.30, 
which concerns financial assurance and decommissioning for ISFSIs. This 
regulation requires each holder of, or applicant for, a license under 
10 CFR part 72 to submit a DFP for the NRC's review and approval. The 
DFP is to demonstrate the licensee's financial assurance, i.e., that 
funds will be available to decommission the ISFSI. The NRC staff will 
later publish its financial analyses of the DFP submittals which will 
be available for public inspection in ADAMS.

[[Page 48269]]

II. Discussion

    The table in this notice includes the plant name, docket number, 
licensee, and ADAMS accession number for the final EA and FONSI 
determination for each of the individual ISFSIs. The table also 
includes the ADAMS accession numbers for other relevant documents, 
including the updated DFP submittals. For further details with respect 
to these actions, see the NRC staff's final EA and FONSI determinations 
which are available for public inspection in ADAMS and at https://www.regulations.gov under Docket ID NRC-2023-0123. For additional 
direction on accessing information related to this document, see the 
ADDRESSES section of this document.

                    Finding of No Significant Impact
------------------------------------------------------------------------
           Facility                  Joseph M. Farley Nuclear Plant
------------------------------------------------------------------------
Docket No....................  72-42.
Licensee.....................  Southern Nuclear Operating Company (SNC).
Proposed Action..............  The NRC's review and approval of SNC's
                                updated DFPs submitted in accordance
                                with 10 CFR 72.30(c).
Environmental Impact of        The NRC staff has determined that the
 Proposed Action.               proposed action, the review and approval
                                of SNC's updated DFPs, submitted in
                                accordance with 10 CFR 72.30(c), will
                                not authorize changes to licensed
                                operations or maintenance activities, or
                                result in changes in the types,
                                characteristics, or quantities of
                                radiological or non-radiological
                                effluents released into the environment
                                from the ISFSI, or result in the
                                creation of solid waste. Moreover, the
                                approval of the updated DFPs will not
                                authorize any construction activity,
                                facility modification, or other land-
                                disturbing activity. The NRC staff has
                                concluded that the proposed action is a
                                procedural and administrative action
                                that will not have a significant impact
                                on the environment.
Finding of No Significant      The proposed action does not require
 Impact.                        changes to the ISFSI's licensed routine
                                operations, maintenance activities, or
                                monitoring programs, nor does it require
                                new construction or land-disturbing
                                activities. The scope of the proposed
                                action concerns only the NRC's review
                                and approval of SNC's updated DFPs. The
                                scope of the proposed action does not
                                include, and will not result in, the
                                review and approval of decontamination
                                or decommissioning activities or license
                                termination for the ISFSI or for other
                                parts of the Joseph M. Farley Nuclear
                                Plant. Therefore, the NRC staff
                                determined that approval of the updated
                                DFPs for the Joseph M. Farley Nuclear
                                Plant ISFSI will not significantly
                                affect the quality of the human
                                environment, and accordingly, the staff
                                has concluded that a FONSI is
                                appropriate. The NRC staff further finds
                                that preparation of an environmental
                                impact statement is not required.
Available Documents..........  Federal Register notice. Final Rule
                                ``Environmental Protection Regulations
                                for Domestic Licensing and Related
                                Regulatory Functions and Related
                                Conforming Amendments,'' dated March 12,
                                1984 (49 FR 9381).
                               Federal Register notice. Final Rule
                                ``Decommissioning Planning,'' dated June
                                17, 2011 (76 FR 35512).
                               Federal Register notice. Environmental
                                Assessments and Findings of no
                                Significant Impact of Independent Spent
                                Fuel Storage Facilities Decommissioning
                                Funding Plans, dated May 20, 2021 (86 FR
                                27485).
                               Alabama Emergency Management Agency.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact for the Farley Nuclear Plant
                                Units 1 and 2 Independent Spent Fuel
                                Storage Installation Decommissioning
                                Funding Plan,'' dated March 18, 2021
                                (ADAMS Accession No. ML21081A039).
                               U.S. Nuclear Regulatory Commission. 2003/
                                08/31-NUREG-1748, ``Environmental Review
                                Guidance for Licensing Actions
                                Associated with NMSS Programs, Final
                                Report.'' August 2003 (ADAMS Accession
                                No. ML032540811).
                               U.S. Nuclear Regulatory Commission.
                                ``Environmental Assessment re: Final
                                Rule: Decommissioning Planning'' (10 CFR
                                parts 20, 30, 40, 50, 70, and 72; RIN
                                3150-AI55). February 2009 (ADAMS
                                Accession No. ML090500648).
                               U.S. Nuclear Regulatory Commission. ESA
                                Section 7 No Effect Determination for
                                ISFSI DFP Reviews (Note to File), dated
                                May 15, 2017 (ADAMS Accession No.
                                ML17135A062).
                               U.S. Nuclear Regulatory Commission.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact for the Farley Nuclear Plant
                                Units 1 and 2 Independent Spent Fuel
                                Storage Installation Decommissioning
                                Funding Plan,'' dated March 9, 2021
                                (ADAMS Accession No. ML21057A252).
                               U.S. Nuclear Regulatory Commission.
                                ``Final Environmental Assessment and
                                Finding of No Significant Impact for the
                                Southern Nuclear Operating Company,
                                Inc's Initial Decommissioning Funding
                                Plan Submitted in Accordance with 10 CFR
                                72.30 for Farley Independent Spent Fuel
                                Storage Installation,'' dated May 10,
                                2021 (ADAMS Package Accession No.
                                ML21085A675).
                               U.S. Nuclear Regulatory Commission.
                                ``Analysis of Southern Nuclear Operating
                                Company, Inc's Initial Decommissioning
                                Funding Plans for the Farley, Hatch, and
                                Vogtle Independent Spent Fuel Storage
                                Installations,'' dated May 20, 2021
                                (ADAMS Accession No. ML21089A241).
                               U.S. Nuclear Regulatory Commission.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact Related to Farley Independent
                                Spent Fuel Storage Installation Updated
                                Decommissioning Funding Plans.'' dated
                                May 18, 2023 (ADAMS Accession No.
                                ML23116A133, non-public, withheld
                                pursuant to 10 CFR 2.390).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan, dated
                                March 31, 2014 (ADAMS Accession No.
                                ML14091A008).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 30, 2017 (ADAMS
                                Accession No. ML17089A520).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 31, 2020 (ADAMS
                                Accession No. ML20091K821).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 29, 2023 (ADAMS
                                Accession No. ML23088A173).
------------------------------------------------------------------------


 
           Facility                  Edward I. Hatch Nuclear Plant
------------------------------------------------------------------------
Docket No....................  72-36.
Licensee.....................  Southern Nuclear Operating Company (SNC).
Proposed Action..............  The NRC's review and approval of SNC's
                                updated DFPs submitted in accordance
                                with 10 CFR 72.30(c).
------------------------------------------------------------------------


[[Page 48270]]


------------------------------------------------------------------------
           Facility                  Edward I. Hatch Nuclear Plant
------------------------------------------------------------------------
Environmental Impact of        The NRC staff has determined that the
 Proposed Action.               proposed action, the review and approval
                                of SNC's updated DFPs, submitted in
                                accordance with 10 CFR 72.30(c), will
                                not authorize changes to licensed
                                operations or maintenance activities, or
                                result in changes in the types,
                                characteristics, or quantities of
                                radiological or non-radiological
                                effluents released into the environment
                                from the ISFSI, or result in the
                                creation of solid waste. Moreover, the
                                approval of the updated DFPs will not
                                authorize any construction activity,
                                facility modification, or other land-
                                disturbing activity. The NRC staff has
                                concluded that the proposed action is a
                                procedural and administrative action
                                that will not have a significant impact
                                on the environment.
Finding of No Significant      The proposed action does not require
 Impact.                        changes to the ISFSI's licensed routine
                                operations, maintenance activities, or
                                monitoring programs, nor does it require
                                new construction or land-disturbing
                                activities. The scope of the proposed
                                action concerns only the NRC's review
                                and approval of SNC's updated DFPs. The
                                scope of the proposed action does not
                                include, and will not result in, the
                                review and approval of decontamination
                                or decommissioning activities or license
                                termination for the ISFSI or for other
                                parts of the Edward I. Hatch Nuclear
                                Plant. Therefore, the NRC staff
                                determined that approval of the updated
                                DFPs for the Edward I. Hatch Nuclear
                                Plant ISFSI will not significantly
                                affect the quality of the human
                                environment, and accordingly, the staff
                                has concluded that a FONSI is
                                appropriate. The NRC staff further finds
                                that preparation of an environmental
                                impact statement is not required.
Available Documents..........  Federal Register notice. Final Rule
                                ``Environmental Protection Regulations
                                for Domestic Licensing and Related
                                Regulatory Functions and Related
                                Conforming Amendments,'' dated March 12,
                                1984 (49 FR 9381).
                               Federal Register notice. Final Rule
                                ``Decommissioning Planning,'' dated June
                                17, 2011 (76 FR 35512).
                               Federal Register notice. Environmental
                                Assessments and Findings of no
                                Significant Impact of Independent Spent
                                Fuel Storage Facilities Decommissioning
                                Funding Plans, dated May 20, 2021 (86 FR
                                27485).
                               U.S. Nuclear Regulatory Commission. 2003/
                                08/31-NUREG-1748, ``Environmental Review
                                Guidance for Licensing Actions
                                Associated with NMSS Programs, Final
                                Report.'' August 2003 (ADAMS Accession
                                No. ML032540811).
                               U.S. Nuclear Regulatory Commission.
                                ``Environmental Assessment re: Final
                                Rule: Decommissioning Planning'' (10 CFR
                                parts 20, 30, 40, 50, 70, and 72; RIN
                                3150-AI55). February 2009 (ADAMS
                                Accession No. ML090500648).
                               U.S. Nuclear Regulatory Commission. ESA
                                Section 7 No Effect Determination for
                                ISFSI DFP Reviews (Note to File), dated
                                May 15, 2017 (ADAMS Accession No.
                                ML17135A062).
                               U.S. Nuclear Regulatory Commission.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact for the Hatch and Vogtle
                                Independent Spent Fuel Storage
                                Installation Decommissioning Funding
                                Plans,'' dated March 9, 2021 (ADAMS
                                Accession No. ML21057A315).
                               U.S. Nuclear Regulatory Commission.
                                ``Final Environmental Assessment and
                                Finding of No Significant Impact for the
                                Southern Nuclear Operating Company,
                                Inc's Initial Decommissioning Funding
                                Plan Submitted in Accordance with 10 CFR
                                72.30 for Hatch Independent Spent Fuel
                                Storage Installation,'' dated May 10,
                                2021 (ADAMS Package Accession No.
                                ML21085A829).
                               U.S. Nuclear Regulatory Commission.
                                ``Analysis of Southern Nuclear Operating
                                Company, Inc's Initial Decommissioning
                                Funding Plans for the Farley, Hatch, and
                                Vogtle Independent Spent Fuel Storage
                                Installations,'' dated May 20, 2021
                                (ADAMS Accession No. ML21089A241).
                               U.S. Nuclear Regulatory Commission.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact Related to Hatch and Vogtle
                                Independent Spent Fuel Storage
                                Installation Updated Decommissioning
                                Funding Plans,'' dated May 14, 2023
                                (ADAMS Accession No. ML23114A236).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan, dated
                                March 31, 2014 (ADAMS Accession No.
                                ML14091A008).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 30, 2017 (ADAMS
                                Accession No. ML17089A520).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 31, 2020 (ADAMS
                                Accession No. ML20091K821).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 29, 2023 (ADAMS
                                Accession No. ML23088A173).
------------------------------------------------------------------------


 
           Facility                 Vogtle Electric Generating Plant
------------------------------------------------------------------------
Docket No....................  72-1039.
Licensee.....................  Southern Nuclear Operating Company (SNC).
Proposed Action..............  The NRC's review and approval of SNC's
                                updated DFPs submitted in accordance
                                with 10 CFR 72.30(c).
Environmental Impact of        The NRC staff has determined that the
 Proposed Action.               proposed action, the review and approval
                                of SNC's updated DFPs, submitted in
                                accordance with 10 CFR 72.30(c), will
                                not authorize changes to licensed
                                operations or maintenance activities, or
                                result in changes in the types,
                                characteristics, or quantities of
                                radiological or non-radiological
                                effluents released into the environment
                                from the ISFSI, or result in the
                                creation of solid waste. Moreover, the
                                approval of the updated DFPs will not
                                authorize any construction activity,
                                facility modification, or other land-
                                disturbing activity. The NRC staff has
                                concluded that the proposed action is a
                                procedural and administrative action
                                that will not have a significant impact
                                on the environment.
Finding of No Significant      The proposed action does not require
 Impact.                        changes to the ISFSI's licensed routine
                                operations, maintenance activities, or
                                monitoring programs, nor does it require
                                new construction or land-disturbing
                                activities. The scope of the proposed
                                action concerns only the NRC's review
                                and approval of SNC's updated DFPs. The
                                scope of the proposed action does not
                                include, and will not result in, the
                                review and approval of decontamination
                                or decommissioning activities or license
                                termination for the ISFSI or for other
                                parts of the Vogtle Electric Generating
                                Plant. Therefore, the NRC staff
                                determined that approval of the updated
                                DFPs for the Vogtle Electric Generating
                                Plant ISFSI will not significantly
                                affect the quality of the human
                                environment, and accordingly, the staff
                                has concluded that a FONSI is
                                appropriate. The NRC staff further finds
                                that preparation of an environmental
                                impact statement is not required.
------------------------------------------------------------------------


[[Page 48271]]


------------------------------------------------------------------------
           Facility                 Vogtle Electric Generating Plant
------------------------------------------------------------------------
Available Documents..........  Federal Register notice. Final Rule
                                ``Environmental Protection Regulations
                                for Domestic Licensing and Related
                                Regulatory Functions and Related
                                Conforming Amendments,'' dated March 12,
                                1984 (49 FR 9381).
                               Federal Register notice. Final Rule
                                ``Decommissioning Planning,'' dated June
                                17, 2011 (76 FR 35512).
                               Federal Register notice. Environmental
                                Assessments and Findings of no
                                Significant Impact of Independent Spent
                                Fuel Storage Facilities Decommissioning
                                Funding Plans, dated May 20, 2021 (86 FR
                                27485).
                               U.S. Nuclear Regulatory Commission. 2003/
                                08/31-NUREG-1748, ``Environmental Review
                                Guidance for Licensing Actions
                                Associated with NMSS Programs, Final
                                Report.'' August 2003 (ADAMS Accession
                                No. ML032540811).
                               U.S. Nuclear Regulatory Commission.
                                ``Environmental Assessment re: Final
                                Rule: Decommissioning Planning'' (10 CFR
                                parts 20, 30, 40, 50, 70, and 72; RIN
                                3150-AI55). February 2009 (ADAMS
                                Accession No. ML090500648).
                               U.S. Nuclear Regulatory Commission. ESA
                                Section 7 No Effect Determination for
                                ISFSI DFP Reviews (Note to File), dated
                                May 15, 2017 (ADAMS Accession No.
                                ML17135A062).
                               U.S. Nuclear Regulatory Commission.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact for the Hatch and Vogtle
                                Independent Spent Fuel Storage
                                Installation Decommissioning Funding
                                Plans,'' dated March 9, 2021 (ADAMS
                                Accession No. ML21057A315).
                               U.S. Nuclear Regulatory Commission.
                                ``Final Environmental Assessment and
                                Finding of No Significant Impact for the
                                Southern Nuclear Operating Company,
                                Inc's Initial Decommissioning Funding
                                Plan Submitted in Accordance with 10 CFR
                                72.30 for Vogtle Independent Spent Fuel
                                Storage Installation,'' dated May 10,
                                2021 (ADAMS Package Accession No.
                                ML21089A221).
                               U.S. Nuclear Regulatory Commission.
                                ``Analysis of Southern Nuclear Operating
                                Company, Inc's Initial Decommissioning
                                Funding Plans for the Farley, Hatch, and
                                Vogtle Independent Spent Fuel Storage
                                Installations,'' dated May 20, 2021
                                (ADAMS Accession No. ML21089A241).
                               U.S. Nuclear Regulatory Commission.
                                ``Review of the Draft Environmental
                                Assessment and Finding of No Significant
                                Impact Related to Hatch and Vogtle
                                Independent Spent Fuel Storage
                                Installation Updated Decommissioning
                                Funding Plans,'' dated May 14, 2023
                                (ADAMS Accession No. ML23114A236).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan, dated
                                March 31, 2014 (ADAMS Accession No.
                                ML14091A008).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 30, 2017 (ADAMS
                                Accession No. ML17089A520).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 31, 2020 (ADAMS
                                Accession No. ML20091K821).
                               Southern Nuclear Operating Company. ISFSI
                                Decommissioning Funding Plan Triennial
                                Update, dated March 29, 2023 (ADAMS
                                Accession No. ML23088A173).
------------------------------------------------------------------------


    Dated: July 20, 2023.

    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. 2023-15777 Filed 7-25-23; 8:45 am]
BILLING CODE 7590-01-P