[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Notices]
[Pages 25156-25158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10097]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-305; NRC-2013-0056]


Environmental Assessment and Finding of No Significant Impact; 
Final Issuance: Dominion Energy Kewaunee; Kewaunee Power Station

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions in response to an April 4, 2013, request from 
Dominion Energy Kewaunee (DEK, the licensee). One exemption would 
permit the licensee to use a portion of the funds from the Kewaunee 
Power Station (KPS) decommissioning trust fund (Trust) for irradiated 
fuel management activities. Another exemption would allow the licensee 
to make the withdrawals from the Trust for irradiated fuel management 
activities without prior notification to the NRC. The NRC staff is 
issuing an Environmental Assessment and Finding of No Significant 
Impact associated with the proposed exemptions.

ADDRESSES: Please refer to Docket ID NRC-2013-0056 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0056. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search''. For problems with ADAMS, 
please contact the NRC's Public

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Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to pdr.resource@nrc.gov. The ADAMS accession number for each 
document referenced in this notice (if that document is available in 
ADAMS) is provided the first time that a document is referenced. The 
request for exemption, dated April 4, 2013, is available electronically 
under ADAMS Accession No. ML13098A031. The supplement, dated November 
6, 2013, is available at ADAMS Accession No. ML13312A916.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: William Huffman, Office of Nuclear 
Reactor Regulation, 301-415-2046; William.Huffman@nrc.gov; U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of exemptions from Part 50, Section 
82(a)(8)(i)(A) and 10 CFR Part 50 Section 75(h)(1)(iv) of Title 10 of 
the Code of Federal Regulations (10 CFR) for Renewed Facility Operating 
License No. DPR-43, issued to Dominion Energy Kewaunee (DEK, the 
licensee), for the Kewaunee Power Station located in Kewaunee County, 
Wisconsin. The licensee requested the exemptions by letter dated April 
4, 2013, and supplemented its request by letter dated November 6, 2013. 
The exemptions would allow the licensee to use a portion of the funds 
from the KPS Trust for irradiated fuel management activities without 
prior notification to the NRC. Consistent with 10 CFR 51.21, the NRC 
has reviewed the requirements in 10 CFR 51.20(b) and 10 CFR 51.22(c) 
and determined that an environmental assessment is the appropriate form 
of environmental review. Based on the results of the environmental 
assessment, which is provided in Section II below, the NRC is issuing 
this final finding of no significant impact.

II. Environmental Assessment

Identification of the Proposed Action

    The proposed action would exempt DEK from meeting the requirements 
set forth in 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv). The 
proposed action would allow DEK to use a portion of the funds from the 
Trust for irradiated fuel management without prior notification to the 
NRC.
    The proposed action is in accordance with the licensee's 
application dated April 4, 2013, as supplemented by letter dated 
November 6, 2013.

The Need for the Proposed Action

    By letter dated February 25, 2013, DEK informed the NRC of its 
intention to permanently cease operation of KPS on May 7, 2013 (ADAMS 
Accession No. ML13058A065). By separate letters dated February 26, 
2013, DEK submitted an update to the KPS Irradiated Fuel Management 
Plan, as required by 10 CFR 50.54(bb), and a Post-Shutdown 
Decommissioning Activities Report (PSDAR), as required by 10 CFR 
50.82(a)(4)(i) (ADAMS Accession Nos. ML13059A028 and ML13063A248, 
respectively). On May 7, 2013, DEK permanently ceased power operations 
at KPS. On May 14, 2013, DEK certified that it had permanently defueled 
the KPS reactor vessel (ADAMS Accession No. ML13135A209).
    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 
decommissioning in 10 CFR 50.2. The definition of ``decommissioning'' 
in 10 CFR 50.2 does not include activities associated with irradiated 
fuel management. Similarly, the requirements of 10 CFR 50.75(h)(1)(iv) 
restrict the use of decommissioning trust fund withdrawals (other than 
for ordinary and incidental expenses) to decommissioning expenses until 
final decommissioning is completed. Therefore, exemptions from 10 CFR 
50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(1)(iv) are needed to allow DEK to 
use funds from the Trust for irradiated fuel management.
    The licensee states that the Trust contains funds for 
decommissioning comingled with funds needed for irradiated fuel 
management not associated with radiological decontamination. The 
adequacy of the Trust to cover the costs of activities associated with 
irradiated fuel management and radiological decontamination through 
license termination is supported by the site specific decommissioning 
cost estimate in the PSDAR and the KPS updated Irradiated Fuel 
Management Plan. The licensee needs access to the funds in excess of 
those needed for radiological decontamination to support irradiated 
fuel management not associated with radiological decontamination.
    The requirements of 10 CFR 50.75(h)(1)(iv) further provide that, 
except for decommissioning withdrawals being made under 10 CFR 
50.82(a)(8) or for payment of ordinary and incidental expenses, no 
disbursement may be made from the Trust 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 needed to allow DEK to use funds from the Trust 
for irradiated fuel management without prior NRC notification.
    In summary, by letter dated April 4, 2013, as supplemented by 
letter dated November 6, 2013, DEK requested exemptions to allow Trust 
withdrawals, without prior written notification to the NRC, for 
irradiated fuel management consistent with both the KPS updated 
Irradiated Fuel Management Plan and the PSDAR.

Environmental Impacts of the Proposed Action

    The proposed action involves exemptions from requirements that are 
of a financial or administrative nature which 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 Trust to complete all activities associated 
with license termination and irradiated fuel management. There is no 
decrease in the safety associated with the Trust being used to fund 
activities associated with irradiated fuel management. The exemptions 
would permit the use of Trust funds to effectuate DEK's plan to manage 
irradiated fuel in accordance with the updated Irradiated Fuel 
Management Plan and PSDAR. Since the exemption would allow DEK to use 
funds from the Trust that are in excess of those required for 
radiological decontamination of the site and the funds dedicated for 
radiological decontamination are not affected by the proposed 
exemption, there is reasonable assurance that there will be no 
environmental impact due to lack of adequate funding for 
decommissioning.
    The proposed action will not significantly increase the probability 
or consequences of accidents. No changes are being made in the types of 
effluents that may be released offsite. There is no significant 
increase in the amount of any effluent released offsite. There is no 
significant increase in occupational or public radiation exposure. 
Therefore, there are no significant radiological environmental impacts 
associated with the proposed action.
    With regard to potential non-radiological impacts, the proposed 
action does not have any foreseeable impacts to land, air, or water 
resources,

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including impacts to biota. In addition, there are also no known 
socioeconomic or environmental justice impacts associated with such 
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 application would result in no change in current 
environmental impacts. The environmental impacts of the proposed action 
and the alternative action are similar.

Alternative Use of Resources

    The action does not involve the use of any different resources than 
those previously considered in the Final Environmental Statement for 
the KPS, dated December 1972, and the ``Generic Environmental Impact 
Statement for License Renewal of Nuclear Plants Regarding Kewaunee 
Power Station, Final Report,'' NUREG-1437, Supplement 40, dated August 
2010 (ADAMS Accession No. ML102150106).

Agencies or Persons Consulted

    The staff did not enter into consultation with any other Federal 
Agency or with the State of Wisconsin regarding the environmental 
impact of the proposed action. On April 10, 2014, the Wisconsin state 
representative was notified.

III. Finding of No Significant Impact

    The licensee has proposed exemptions from 10 CFR 50.82(a)(8)(i)(A) 
and 10 CFR 50.75(h)(1)(iv) which would allow DEK to use funds from the 
Trust for irradiated fuel management activities in accordance with the 
updated Irradiated Fuel Management Plan and PSDAR, without prior 
written notification to the NRC.
    The NRC decided not to prepare an Environmental Impact Statement 
for the proposed action. On the basis of the environmental assessment 
included in Section II above and incorporated by reference in this 
finding, the NRC concludes that the proposed action will not have 
significant effects on the quality of the human environment. 
Accordingly, the NRC has determined that a finding of no significant 
impact is appropriate.
    Other than the licensee's letters, dated April 4, 2013, as 
supplemented by letter dated November 6, 2013, there are no other 
environmental documents associated with this review. These documents 
are available for public inspection as indicated above.

    Dated at Rockville, Maryland, this 25th day of April 2014.
    For the Nuclear Regulatory Commission.
Douglas A. Broaddus,
Chief, Plant Licensing IV-2 and Decommissioning Transition Branch, 
Division of Operating Reactor Licensing, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2014-10097 Filed 5-1-14; 8:45 am]
BILLING CODE 7590-01-P