[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69967-69969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22374]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440; NRC-2023-0136]


Notice of Intent To Conduct Scoping Process and Prepare 
Environmental Impact Statement; Energy Harbor Corp.; Energy Harbor 
Generation LLC.; Energy Harbor Nuclear Corp.; Perry Nuclear Power 
Plant, Unit 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Intent to conduct scoping process and prepare environmental 
impact statement; public scoping meeting and request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) will conduct a 
scoping process to gather information necessary to prepare an 
environmental impact statement (EIS) to evaluate the environmental 
impacts for the license renewal of the Facility Operating License No. 
NPF-58 for Perry Nuclear Power Plant, Unit 1. The NRC is seeking public 
comment on this action and has scheduled an in-person public scoping 
meeting, followed by a virtual one.

DATES: The NRC will hold two public scoping meetings, one through 
online webinar and teleconference call and one in-person near the 
facility, including a presentation on the license renewal process and a 
transcribed public comment session. The virtual meeting will be held 
October 19, 2023, at 2 p.m. eastern time (ET). The in-person meeting 
will be held October 25, 2023, at 6:30 p.m. ET at the Perry Public 
Library, 3753 Main St., Perry, OH 44081. Details on both meetings can 
be found on the NRC's Public Meeting Schedule at: https://www.nrc.gov/pmns/mtg. Submit comments on the scope of the EIS by November 9, 2023. 
Comments received after this date will be considered if it is practical 
to do so, but the NRC is able to ensure consideration only for comments 
received on or before this date. See section IV, ``Public Scoping 
Meeting,'' of this notice for additional information.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal Rulemaking Website: Go to https://regulations.gov 
and search for Docket ID NRC-2023-0136. 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.
     Email: Comments may be submitted to the NRC electronically 
using the email address [email protected].
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lance Rakovan, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2589, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0136 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://regulations.gov 
and search for Docket ID NRC-2023-0136.
     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 in this document (if it is available in ADAMS) 
is provided the first time that it is referenced.
     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. ET, Monday through Friday, except Federal holidays.
     Public Library: A copy of the license renewal application 
for Perry, including the environmental report (ER), will be available 
for public review at the following public library location: Perry 
Public Library, 3753 Main St., Perry, OH 44081.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2023-0136 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Discussion

    By letter dated July 3, 2023 (ADAMS Accession No. ML23184A081), 
Energy Harbor Nuclear Corp. (Energy Harbor or the applicant), doing 
business as Energy Harbor Nuclear Generation LLC., submitted to the NRC 
an application for license renewal of Facility Operating License No. 
NPF-58 for Perry Nuclear Power Plant, Unit 1, for an additional 20 
years of operation. This submission initiated the NRC's proposed action 
of determining whether to grant the license renewal application. Perry 
is a boiling water reactor designed by General Electric and is located 
35 miles NE of Cleveland, OH on the banks of Lake Erie. The current 
facility operating license for Unit 1 expires at midnight on November 
7, 2026. The license renewal application was submitted pursuant to part 
54 of title 10 of the Code of Federal Regulations (10 CFR), 
``Requirements for Renewal of Operating Licenses for Nuclear Power 
Plants,'' and seeks to extend the renewed facility operating license 
for Unit 1 to midnight on November 7, 2046. A notice of receipt and 
availability of the application was published in the Federal Register 
on August 9, 2023 (88 FR 53933). A notice of acceptance for docketing 
of the application and of opportunity to

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request a hearing was published in the Federal Register on September 
29, 2023 (88 FR 67373) and is available on the Federal rulemaking 
website (https://www.regulations.gov) by searching for Docket ID NRC-
2023-0136.

III. Request for Comment

    This notice informs the public of the NRC's intention to conduct 
environmental scoping and prepare an EIS related to the license renewal 
application for Perry, and to provide the public an opportunity to 
participate in the environmental scoping process, as defined in 10 CFR 
51.29, ``Scoping-environmental impact statement and supplement to 
environmental impact statement,'' and 10 CFR 51.116 ``Notice of 
Intent.''
    The regulations in 36 CFR 800.8, ``Coordination with the National 
Environmental Policy Act,'' allow agencies to use their National 
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) (NEPA) 
process to fulfill the requirements of Section 106 of the National 
Historic Preservation Act of 1966 (54 U.S.C. 300101, et seq.) (NHPA). 
Therefore, pursuant to 36 CFR 800.8(c), the NRC intends to use its 
process and documentation required for the preparation of the EIS on 
the proposed action to comply with Section 106 of the NHPA in lieu of 
the procedures set forth at 36 CFR 800.3 through 800.6.
    In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, Perry 
submitted an ER as part of the license renewal application. The ER was 
prepared pursuant to 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
and is publicly available in ADAMS under Accession No. ML23184A081. The 
ER will also be available for viewing at https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html. In addition, the license 
renewal application, including the ER, will be available for public 
review at the Perry Public Library, 3753 Main St., Perry, OH 44081.
    The NRC intends to gather the information necessary to prepare a 
plant-specific supplement to NUREG-1437, ``Generic Environmental Impact 
Statement for License Renewal of Nuclear Plants'' (ADAMS Package 
Accession No. ML13107A023) (GEIS), related to the license renewal 
application for Perry. The NRC is required by 10 CFR 51.95 to prepare a 
plant-specific supplement to the GEIS in connection with the renewal of 
an operating license. This notice is being published in accordance with 
NEPA and the NRC's regulations at 10 CFR part 51.
    The supplement to the GEIS will evaluate the environmental impacts 
of license renewal for Perry, and reasonable alternatives thereto. 
Possible alternatives to the proposed action include the no action 
alternative and reasonable alternative energy sources.
    As part of its environmental review, the NRC will first conduct a 
scoping process for the plant-specific supplement to the GEIS and, as 
soon as practicable thereafter, will prepare a draft supplement to the 
GEIS for public comment. Participation in this scoping process by 
members of the public and local, State, Tribal, and Federal government 
agencies is encouraged. The scoping process for the supplement to the 
GEIS will be used to accomplish the following:
    a. Define the proposed action that is to be the subject of the 
supplement to the GEIS;
    b. Determine the scope of the supplement to the GEIS and identify 
the significant issues to be analyzed in depth;
    c. Identify and eliminate from detailed study those issues that are 
peripheral or are not significant or that have been covered by prior 
environmental review;
    d. Identify any environmental assessments and other ElSs that are 
being or will be prepared that are related to, but are not part of, the 
scope of the supplement to the GEIS under consideration;
    e. Identify other environmental review and consultation 
requirements related to the proposed action;
    f. Indicate the relationship between the timing of the preparation 
of the environmental analyses and the NRC's tentative planning and 
decision-making schedule;
    g. Identify any cooperating agencies and, as appropriate, allocate 
assignments for preparation and schedules for completing the supplement 
to the GEIS to the NRC and any cooperating agencies; and
    h. Describe how the supplement to the GEIS will be prepared, 
including any contractor assistance to be used.
    The NRC invites the following entities to participate in scoping:
    a. The applicant, Energy Harbor Nuclear Corp. (Energy Harbor or the 
applicant), doing business as Energy Harbor Nuclear Generation LLC.;
    b. Any Federal agency that has jurisdiction by law or special 
expertise with respect to any environmental impact involved or that is 
authorized to develop and enforce relevant environmental standards;
    c. Affected State and local government agencies, including those 
authorized to develop and enforce relevant environmental standards;
    d. Any affected Indian Tribe;
    e. Any person who requests or has requested an opportunity to 
participate in the scoping process; and
    f. Any person who has petitioned or intends to petition for leave 
to intervene under 10 CFR 2.309.

IV. Public Scoping Meeting

    In accordance with 10 CFR 51.26(b), the scoping process for an EIS 
may include a public scoping meeting to help identify significant 
issues related to the proposed action and to determine the scope of 
issues to be addressed in the EIS.
    The NRC is announcing that it will hold an online webinar and 
teleconference call and an in-person near the facility, including a 
presentation on the license renewal process and a transcribed public 
comment session. The virtual meeting will be held October 19, 2023, at 
2 p.m. ET. The in-person meeting will be held October 25, 2023, at 6:30 
p.m. ET at the Perry Public Library, 3753 Main St., Perry, OH 44081. 
Details on both meetings can be found on the NRC's Public Meeting 
Schedule at: https://www.nrc.gov/pmns/mtg. A court reporter will 
transcribe all comments received during each public scoping meeting. To 
be considered, comments must be provided either at a transcribed public 
meeting or in writing, as discussed in the ADDRESSES section of this 
notice. Persons interested in attending these meetings should monitor 
the NRC's Public Meeting Schedule website at https://www.nrc.gov/pmns/mtg for additional information, agenda for the meetings, and access 
additional information. Please contact Mr. Lance Rakovan no later than 
October 18, 2023, if accommodations or special equipment is needed to 
attend or to provide comments, so that the NRC staff can determine 
whether the request can be accommodated.
    The public scoping meetings will include: (1) an overview by the 
NRC staff of the environmental and safety review processes, the 
proposed scope of the supplement to the GEIS, and the proposed review 
schedule; and (2) the opportunity for interested government agencies, 
organizations, and individuals to submit comments or suggestions on 
environmental issues or the proposed scope of the Perry license renewal 
supplement to the GEIS.
    Participation in the scoping process for the Perry license renewal

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supplement to the GEIS does not entitle participants to become parties 
to the proceeding to which the supplement to the GEIS relates. Matters 
related to participation in any hearing are outside the scope of 
matters to be discussed at this public meeting.

    Dated: October 4, 2023.

    For the Nuclear Regulatory Commission.
Theodore B. Smith,
Chief, Environmental Review License Renewal Branch, Division of 
Rulemaking, Environment, and Financial Support, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2023-22374 Filed 10-6-23; 8:45 am]
BILLING CODE 7590-01-P