ML25330A004

– Request for Partial Site Release for Facility Operating License No. NPF-42 (EPID: L-2025-Lll- 0012) (Docket Number: 50-482)

ML25330A004
Person / Time
Site:	Wolf Creek
Issue date:	12/11/2025
From:	Samson Lee NRC/NRR/DORL/LPL4
To:	Reasoner C Wolf Creek
References
EPID L-2025-Lll- 0012
Download: ML25330A004 (0)

Text

December 11, 2025 Cleveland Reasoner President and Chief Nuclear Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839

SUBJECT:

WOLF CREEK GENERATING STATION - REQUEST FOR PARTIAL SITE RELEASE FOR FACILITY OPERATING LICENSE NO. NPF-42 (EPID: L-2025-LLL-0012) (DOCKET NUMBER: 50-482)

Dear Cleveland Reasoner:

By letter to the U.S. Nuclear Regulatory Commission (NRC, the Commission) dated August 26, 2025 (Agencywide Document Access and Management System (ADAMS) Accession No. ML25245A104), Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee) submitted a request to the NRC for approval of a partial site release of Wolf Creek Generating Station (WCGS). The proposed action would release part of the plant site consisting of 4.46 acres of WCGS land for unrestricted use to an already existing, privately-owned cemetery located nearby. The land being offered lies further north extending the cemetery away from the exclusion area, reinforcing its separation from plant operations. WCNOC requests approval for release of this property from its Facility Operating License No. NPF-42.

Title 10 of the Code of Federal Regulations (10 CFR) Section 50.83, requires written approval from the NRC prior to release for unrestricted use of any part of a power reactor site. The NRC staff reviewed the above referenced letter and based on the enclosed Safety Evaluation (SE),

the NRC staff concludes that the request to release this part of the WCGS site for unrestricted use (1) does not require an amendment to the license, and (2) meets the requirements in 10 CFR 50.83 to approve the release of the land. Pursuant to 10 CFR 50.83(c)(3), the release of the property as described above and in WCNOCs submittals, is approved.

As required by 10 CFR 50.83(f), the NRC staff noticed receipt of the release approval request and made the request available for public comment. The NRC staff published a notice in the Federal Register on September 26, 2025 (90 FR 46420), and in the Topeka Capital Journal (October 13, 2025) and Coffey County Republican (October 2 and 9, 2025), soliciting public comments. As a result of the Federal Government shutdown, the NRC cancelled the public meeting to be held in the vicinity of the licensees facility, issued an exemption to 10 CFR 50.83 (f), the NRC shall conduct a public meeting in the vicinity of the licensee's facility for the purpose of obtaining public comments on the proposed release of part of the facility or site (ML25321A688) and held a virtual meeting on December 8, 2025 (ML25325A049).

Sincerely, Samson Lee, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482

Enclosure:

As stated cc w/encl: Listserv SAMSON LEE Digitally signed by SAMSON LEE Date: 2025.12.11 14:42:16

-05'00'

Enclosure SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO PARTIAL SITE RELEASE REQUEST FOR FACILITY OPERATING LICENSE NO. NPF-42 WOLF CREEK NUCLEAR OPERATING CORPORATION WOLF CREEK GENERATING STATION DOCKET NUMBER 50-482

1.0 INTRODUCTION

By letter to the U.S. Nuclear Regulatory Commission (NRC, the Commission) dated August 26, 2025 (Agencywide Document Access and Management System (ADAMS) Accession No. ML25245A104), Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee) submitted a request to the NRC for approval of a partial site release at Wolf Creek Generating Station (WCGS, Wolf Creek). The parcel in question is intended for donation to an already existing, privately-owned cemetery located nearby. The 4.46 acres of land in question is outside of the WCGS exclusion areas defined by the WCGS Updated Safety Analysis Report (USAR), across the Coffey County Lake, located next to the already privately owned cemetery in use.

2.0 REGULATORY EVALUTATION Section 50.83, Release of part of a power reactor facility or site for unrestricted use, of Part 50 of Title 10 of the Code of Federal Regulations (i.e., 10 CFR 50.83), establishes the following requirements with respect to the release of any part of a power reactor site for unrestricted use:

Section 50.83 is summarized as follows:

Section 50.83(a) describes the evaluation criteria the licensee needs to perform to determine the effect of releasing the property.

Section 50.83(b) describes the process and contents of the licensees request for release of non-impacted areas.

Section 50.83(c) describes the NRC staffs evaluation criteria of the licensees request.

Sections 50.83(d) and 50.83(e) are not applicable to non-impacted site release requests.

Section 50.83(f) describes the public engagement process for partial site release requests.

In addition to the above requirements, 10 CFR 50.75(g) requires that each licensee keep records of information important to the safe and effective decommissioning of the facility, which includes the plant site, until the license is terminated by the Commission. Pursuant to paragraph 50.75(g)(4), the licensee is required to keep the following records:

i.

The licensed site area, as originally licensed, which must include a site map and any acquisition or use of property outside the originally licensed site area for the purpose of receiving, possessing, or using licensed materials; ii.

The licensed activities carried out on the acquired or used property; and iii.

The release and final disposition of any property recorded in [10 CFR 50.75(g)(4)(i)],

the historical site assessment performed for the release, radiation surveys performed to support release of the property, submittals to the NRC made in accordance with

[10 CFR] 50.83, and the methods employed to ensure that the property met the radiological criteria of 10 CFR 20, Subpart E, at the time the property was released.

Non-impacted areas is defined in 10 CFR 50.2 as the areas with no reasonable potential for residual radioactivity in excess of natural background or fallout levels.

3.0 BACKGROUND

In accordance with 10 CFR 50.83(b), WCNOC requests approval for the release of this non-impacted property from the jurisdiction of Facility Operating License No. NPF-42 for WCGS.

WCNOC is evaluating the potential donation of land from the WCGS site to the Stringtown Cemetery Board. The land is 4.46 acres north of WCGS next to Stringtown Cemetery. The 4.46 acres parcel of land is outside the restricted area, liquid release boundary, and the exclusion area boundary as defined by the Updated Safet Analysis Report Section 2.1.1.3 for WCGS. This property has not been impacted by WCGS operations and was evaluated for environmental concerns. No environmental concerns have been identified. This property has not been used for activities that could have radioactively contaminated the property. Currently, there is no confirming construction or expansion plans; Increase burial capacity would inherently disturb the land. Therefore, there is no reasonable potential for residual radioactivity, as shown below.

Figure 1: Portion of WCGS USAR Figure 2.1-6 showing the exclusion-restricted area boundary, the site boundary and the approximate location of the parcel of land to be donated.

Figure 2: Satellite image showing the approximate location of the parcel of land to be donated in relation to the WCGS.

4.0 TECHNICAL EVALUATION

4.1 Licensees Assessment of the Property to be Released The licensee evaluated the property transfer with respect to the criteria in 10 CFR 50.83(a)(1)(i)-

(vi) and concluded the following:

i.

The dose to individual members of the public does not exceed the limits and standards of 10 CFR 20, Subpart D. WCNOC maintains strict control over effluent releases to ensure that any radioactive discharges to the environment remain as low as reasonably achievable and fully comply with federal release limit criteria. These controls include the use of radiation monitoring systems within the plant and a comprehensive offsite environmental analysis program. The release of this property does not alter any existing measures in place to meet public dose limits. WCNOC has confirmed that this property has never been used for any radiological activities.

ii.

The impact on the effectiveness of emergency planning and physical security has been evaluated. No credit is taken for this property in either the Emergency Plan or the Security Plan. Therefore, the transfer of this property has no adverse effect on either plan.

iii.

Effluent releases remain within license conditions. Additionally, because the property is located at a considerable distance from the plant and is not situated downstream of any discharge structures, it is not at risk of being impacted by effluent release. The plants programs to maintain effluent releases in accordance with license conditions remain in effect.

iv.

The transfer of this property does not have any effect on the environmental monitoring program and Offsite Dose Calculation Manual (ODCM) revisions, and neither requires revision as a result of this property transfer.

v.

The siting criteria of 10 CFR 100 continue to be met. The transfer of this property has been reviewed with respect to the siting criteria in 10 CFR 100 and it has no effect on meeting these criteria. In addition, the limits of 10 CFR 50.67, "Alternative source term,"

have been reviewed and the transfer has no effect on meeting these criteria.

vi.

Other statutory and regulatory requirements continue to be met. The transfer of this property does not result in any changes to WCGSs policies or procedures, which continue to ensure full compliance with all applicable statutory and regulatory requirements.

The licensee also performed a historical site assessment (HSA) of the property, in accordance with 10 CFR 50.83(2). The HSA is provided in the licensees submittal dated August 26, 2025.

The licensee indicated the Annual Radioactive Effluent Release Reports (REMP) and the Annual Radiological Environmental Operating Reports submitted to the NRC each year contain information about the radioactive material on the property being transferred and about the magnitude of doses an individual would receive on the property being transferred.

The REMP submitted to the NRC provides a detailed description of gaseous and liquid radioactive effluents, as well as solid waste released from WCGS and is consistent with the objectives outlined in the ODCM and process control program and in conformance with 10 CFR 50.36a and 10 CFR 50, Appendix I. These annual reports demonstrate that WCGS continues to be operated well within federally required limits for offsite dose to the public.

The REMP is conducted continuously for WCGS in accordance with the ODCM. As reported in the annual REMP during each yearly reporting period, hundreds of analyses are performed on hundreds of samples. Assessments of the data gathered for the yearly reports and comparing the results with preoperational data show there has been no adverse radiological impact on this property.

In addition, a review of corrective action documents was completed for events that could have had potential for releasing radioactive material to this property. The review identified no recorded events of any spills, leaks, or uncontrolled release of radioactive material on this land.

The licensees HSA had the following findings:

1. The property has not been used for plant operations.

2. The property has not been used for storage of any radioactive material or waste.

3. There are no event records that any spills, leaks, or uncontrolled release of radioactive material have ever occurred on the property.

4. Radiological monitoring of surface water samples from Coffey County Lake and surrounding areas has consistently shown only low-level tritium activity attributable to plant operations. These levels remain well below regulatory limits, and no liquid radioactive releases have impacted the parcel of land under consideration.

5. No state or local agency has required additional groundwater monitoring or remedial actions on the property.

6. Multiple hydrogeologic studies have been conducted at WCGS. This property does not impact those studies.

7. The Radioactive Groundwater Protection Program conducts periodic monitoring of shallow groundwater. This program shows that shallow groundwater continues to flow predominantly south towards Coffey County Lake. This property is located north of the plant, therefore, no contamination of this property through normal groundwater gradient flow occurs from plant discharges.

8. In assessing the data gathered for the REMP annual report and comparing each year's results with preoperational baseline data, it is concluded that the operation of WCGS has had no adverse radiological impact on this property.

The licensee indicated it continues to implement a radiation protection program commensurate with 10 CFR 20 and WCGS Technical Specifications. WCNOC has confirmed that the property transfer does not require a change to the Technical Specifications or Facility Operating License.

The licensee also indicated that the property subject to the transfer request has no reasonable potential for residual radioactivity and property qualifies as a non-impacted area as defined in 10 CFR 50.2.

The licensee concluded that this property transfer has no impact on WCGSs continued compliance with applicable NRC regulatory standards.

In its submittals dated August 26, 2025, the licensee provided information pursuant to 10 CFR 50.83(b)(5), which requires that any request for NRC approval of a release of non-impacted areas must include the reasons for concluding that the environmental impacts associated with the release of the property will be bounded by appropriate previously issued environmental impact statements. The Supplemental Final Environmental Impact Statement (FEIS) for WCGS was issued in May 2008 (ML081260608).

WCNOC reviewed the environmental impacts associated with the release of this property and considered those impacts in its evaluation and did not identify any significant new environmental impacts or significant changes from the environmental impacts previously assessed by the NRC. The licensee stated that the land transfer has no measurable increase in offsite dose consequences and no change in effluent releases. The WCNOC REMP accounts for the revised site area boundary, and no increases in effects are anticipated. Therefore, the licensee concluded that the environmental impacts associated with the proposed release of the property are bounded by the NRCs previous environmental reviews for WCNOC.

4.2 NRC Staff Evaluation of the Property to be Released The NRC staff has reviewed the licensees application for the release of part of the WCGS site for unrestricted use. The requested release of part of the plant site pertains to 4.46 acres of land that WCGS will donate to the Stringtown Cemetery Board. This portion of the property is adjacent to and further away from the existing cemetery that is.80 miles north northwest of the exclusion zone. Release of this property is not anticipated to degrade the environment, impact public health, or impact local land uses. The transfer of this land will not impact ongoing plant operation and monitoring. Therefore, the environmental impacts associated with plant operation

will not change as a result of this property transfer. The licensee determined that property has not been impacted by WCGS operations and was evaluated for environmental concerns. The licensee identified no environmental concerns. This property has also not been used for activities that could have radioactively contaminated the property. Thus, the NRC staff agrees with the licensee in its conclusion on the environmental impacts associated with the release of the property.

Transfer of the property will not result in public or environmental exposure to radioactive contamination. There are no known records of any spills, leaks, or uncontrolled release of radioactive material on this parcel of land. The property was not used for any activities that could have contaminated the property. Contamination is very unlikely to occur under the property as the location of land is north and upgradient of WCGS.

In the FEIS dated May 2008 (ML081260608), Request for Partial Site Release, (ML25245A104), and the Phase I report for the Stringtown Cemetery both WCGS and the parcel of land to be donated are discussed. All reports describe the site as historically undisturbed farmland and that no changes to the land have occurred since WCGS was built.

The original cemetery was a private burial ground. There is no evidence of environmental contamination, industrial activity was found, reinforcing the area's primarily agricultural and residential heritage.

Based on the property being a non-impacted area, the NRC staff reviewed the requirements in 10 CFR 50.83(c)(1) and (2) for releasing non-impacted areas for unrestricted use and determined that the licensees submittal has sufficiently addressed the requirements as follows:

The requirements in section 50.83(c)(1) are addressed by the licensee and detailed in the WCGS, Request for Partial Site Release, (ML25245A104), section Evaluation of the Effect of Proposed Property Transfer, and the NRCs assessment is as follows:

i.

§ 50.83(a)(1)(i) -- Ensure that the dose to individual members of the public does not exceed the limits and standards of 10 CFR 20, Subpart D. The NRC finds that the licensees surveillance and analyses conducted as part of its REMP provides sufficient information to conclude that the doses to members of the public on the property are currently within 10 CFR 20, Subpart D, limits and are expected to remain within those limits. The NRC staff concludes that additional assurance is provided by the licensees radiation monitoring systems and the fact that no licensed activities were ever conducted on this property.

ii.

§ 50.83(a)(1)(ii) -- Ensure that there is no reduction in the effectiveness of emergency planning or physical security. The NRC staff has evaluated the release of the property and finds that the licensee does not take credit for the property in either the Emergency Plan or Security Plan. The NRC staff concludes that the release of the land for unrestricted use will not reduce the effectiveness of the emergency plan or physical security.

iii.

§ 50.83(a)(1)(iii) - Ensure effluent releases remain within the license conditions. The NRC staff has evaluated the release of the property and finds that the property is distant from the plant site and structures that would have any potential for effluent releases.

After the release of the land, the use of the property by members of the public will not create new pathways of exposure that would cause radioactive releases from the site to exceed license conditions. The NRC staff finds sufficient information in the licensees submittal, to conclude that the licensees site programs, which maintain effluent releases from WCGS within license conditions, will remain in effect and that this transfer of property does not impact those programs. Therefore, the NRC staff concludes the release of this land for unrestricted use will not impact the licensees ability to maintain effluent releases from WCGS within license conditions.

iv.

§ 50.83(a)(1)(iv) - Ensure the environmental monitoring program and ODCM are revised to account for the change. The NRC staff recognizes a radiological exposure pathway as the vehicle by which the public may become exposed to radioactivity released from nuclear facilities. The major pathways of concern are those that could cause the highest calculated radiation dose. These pathways are determined from the type and amount of radioactive material released, the environmental transport mechanism, and how the plant environs are used (i.e., residence, gardens, etc.). The environmental transport mechanism includes the historical meteorological characteristics of the area that are defined by wind speed and wind direction. This information is used to evaluate how the radionuclides will be distributed within the surrounding area. The most important factor in evaluating the exposure pathway is the use of the environment by the public living around WCGS. Factors such as location of homes in the area, use of cattle for milk, and the growing of gardens for vegetable consumption are important considerations when evaluating exposure pathways. In its submittal, the licensee states that the release of the land has no effect on the environmental monitoring program, the ODCM, or the established plant programs used to maintain effluent releases within license conditions.

Since the use of the land as a cemetery will not change after the release, the NRC staff concludes the current radiological effluent control program (RECP), the REMP, and the ODCM are not impacted by the transfer of this land, and no changes to the RECP, the REMP, or the ODCM would be required by the release of this land for unrestricted use.

v.

§ 50.83(a)(1)(v) - Ensure the siting criteria of 10 CFR 100 continue to be met. The purpose of 10 CFR 100 is to help assure that radiological doses from normal operation and postulated accidents will be acceptably low, that natural phenomena and potential man-made hazards will be appropriately accounted for in the design of the plant, that site characteristics are such that adequate security measures to protect the plant can be developed, and that physical characteristics unique to the proposed site that could pose a significant impediment to the development of emergency plans are identified. The NRC staff recognizes that the population density and use characteristics of the site environs, including the exclusion area, low population zone, and population center distance have the possibility of being affected when releasing part of a site for unrestricted use. The NRC staff finds that the property is not within the security fence of the plant; is.75 miles from the plant site; is not within the exclusion zone or restricted zone; has no effect on the cooling function of the lake; is not related to either the safety-related structures, systems, or components or the effluent discharge equipment of the plant; and has no effect on plant operation. Accordingly, the NRC staff concludes that release of the property for unrestricted use will have no adverse effect on the siting criteria of 10 CFR 100.

vi.

§ 50.83(a)(1)(vi) - Ensure that all other applicable statutory and regulatory requirements continue to be met. The NRC staff concludes that this requirement will be met through license requirements, Technical Specifications, safety analysis report updates, and the inspection process.

Based on the NRC staff evaluation of the items in (i)-(vi) above, the NRC concludes the requirements of 50.83(c)(1) are satisfied.

The requirements in Section 50.83(c)(2) are addressed by the licensee as listed in the WCGS submittal, and the NRCs assessment is as follows:

1. § 50.83(c)(2) - After receiving an approval request from the licensee for the release of a non-impacted area, the NRC shall determine whether the licensees classification of any release areas as non-impacted is adequately justified. The NRC (in 10 CFR 50.2) defines non-impacted areas as areas with no reasonable potential for residual radioactivity in excess of natural background or fallout levels. The NRC (in 10 CFR 20.1003) defines residual radioactivity as radioactivity in structures, materials, soils, groundwater, and other media at a site resulting from activities under the licensee's control. This includes radioactivity from all licensed and unlicensed sources used by the licensee but excludes background radiation. It also includes radioactive materials remaining at the site as a result of routine or accidental releases of radioactive material at the site and previous burials at the site, even if those burials were made in accordance with the provisions of 10 CFR 20.

Based on the information supplied by WCGS and the definitions above, the NRC finds the property in question is distant from the plant site and structures that are potential sources of radioactive effluents. The NRC evaluation of the information submitted by the licensee indicates that there have been no routine liquid effluents discharged at the plant, any mobile radioactive materials that may have been released in abnormal liquid effluents (e.g., spills or leaks) from the site to the ground would enter the shallow groundwater and (given sufficient time and absent radioactive decay) be transported south due to hydraulic gradient. Land parcel is located North of WCGS. As a result, the NRC staff concludes that no radioactive liquid effluents (either normal or abnormal) have a reasonable potential to leave residual radioactivity in excess of natural background or fallout levels on the property in question.

The NRC staff also evaluated potential gaseous releases to determine the potential to leave residual radioactivity in excess of natural background or fallout levels on the property in question. The licensees REMP routinely measures air particulates and deposition and has found results are consistent with the preoperational, natural background levels of radiation. The REMP results indicate the operation of the plant has not affected this property.

Therefore, the NRC staff concludes that the property meets the definition of a non-impacted area in accordance with 10 CFR 50.2. The NRC staff has evaluated the release of the property and based on the licensees environmental assessment of the property; the NRC staff concludes the property has no reasonable potential for residual radioactivity in excess of natural background or fallout levels. As a result, the NRC staff finds that the licensees classification of the property as non-impacted is adequately justified and, therefore, that the requirement in 10 CFR 50.83(c)(2) is met.

Based on the above considerations, the NRC staff conclude that the licensee has met the requirements in 10 CFR 50.83(c)(1) and (2) for releasing non-impacted areas for unrestricted use and determines that a license amendment is not required.

5.0 CONCLUSION

The licensee requested approval for the release of the land described in Section 3.0 of this Safety Evaluation, which is currently part of the WCGS site, for unrestricted use. Based on the NRC staffs evaluation of this partial site release application, the NRC staff concludes that the licensees submittal has adequately:

1. assessed the property to be released,

2. justified the property as a non-impacted area and no amendment to the license is needed, and

3. addressed the effect of releasing the property for unrestricted use.

The NRC staff concludes that the licensees request meets the requirements in 10 CFR 50.83.

Therefore, the NRC staff approves the release of the property as described above and in WCGSs submittals.

Primary Contributors:

T. Tran, NMSS Angela Sabet, NMSS December 11, 2025

ML25330A004 OFFICE NMSS/REFS/EPMB1 NMSS/REFS/EPMB1/LA NMSS/REFS/EPMB1/BC NAME TTran AWalker-Smith SKoenick DATE 11/262025 12/1/2025 12/4/2025 OFFICE NRR/DORL/LPL4/BC NRR/DORL/LPL4/PM NAME TNakanishi SLee DATE 12/5/2025 12/11/2025