ML24043A152

Federal Register Notice: Maine Yankee Exemption; Environmental Assessment and Finding of No Significant Impact; Issuance

ML24043A152
Person / Time
Site:	Maine Yankee
Issue date:	02/28/2024
From:	Yoira Diaz-Sanabria Storage and Transportation Licensing Branch
To:
References
NRC-2024-0020
Download: ML24043A152 (1)

Text

[7590- 01-P]

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-309 and 72-30; NRC-202 4-0020]

Maine Yankee Atomic Power Company;

Maine Yankee Atomic Power Station;

Environmental Assessment and F inding of N o Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of

an exemption in response to the March 31, 2023, request from Maine Yankee Atomic

Power Company (MYAPC or Maine Yankee), for the Maine Yankee Atomic Power

Station (MYAPS), located in Wiscasset, Maine. The proposed exemption from NRC

regulations, if granted, would permit MYAPC to make withdrawals from a segregated

account within Maine Yankees overall nuclear decommissioning trust (NDT), on an

annual basis, for spent fuel and Greater than Class C (GTCC) waste management and

non-radiological site restoration without prior notification to the NRC. The NRC staff is

issuing an environmental assessment (EA) and finding of no significant impact (FONSI)

associated with the proposed exemption.

DATES: The EA and FONSI referenced in this document are available on

February 28, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0020 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-2024 -0020. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415- 0624; email:

Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the

For Further Information Contact section of this document.

• NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at

301-415-4737, or by email to PDR. Resource@nrc.gov. For the convenience of the

reader, instructions about obtaining materials referenced in this document are provided

in the Availability of Documents section.

• NRCs 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 PDR.Resource@nrc.gov 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 : Tilda.Liu@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

By letter dated March 31, 2023, Maine Yankee submitted a request to the NRC

for an exemption from paragraphs 50.82(a)(8)(i)(A) and 50.75(h)(2) of title 10 of the

Code of Federal Regulations (10 CFR) for the Maine Yankee Independent Spent Fuel

2 Storage Installation (ISFSI).1

Maine Yankee has established a separate (segregated) account within its over-

arching nuclear decommissioning trust (NDT), entitled ISFSI Radiological Decom, that

identifies the funds for radiological decommissioning of the ISFSI apart from the larger

balance of funds in the NDT allocated for ongoing management of spent nuclear fuel

and Greater than Class C (GTCC) waste and for non-radiological site restoration

activities. Although 10 CFR 50.82 applies to the segregated account, it does not apply to

the overall NDT.

If granted, the exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) would

permit MYAPC to make withdrawals from the segregated account, on an annual basis,

for spent fuel and GTCC waste management and non-radiological site restoration

without prior notification to the NRC. More specifically, with this exemption, MYAPC

would be able to annually transfer funds exceeding 110 percent of the inflation-adjusted

decommissioning cost estimate, described in 10 CFR 50.75, from the segregated

account to its overarching NDT and use those funds for spent fuel and GTCC waste

management and non-radiological site restoration.

Maine Yankee Atomic Power Station began commercial operation in December

1972, and shut down in December 1996. Main e Yankee began decommissioning the

Maine Yankee Atomic Power Station in 1998. After ceasing reactor operations, MYAPC

began transferring spent nuclear fuel (SNF) from the spent fuel pool to the Maine

Yankee ISFSI for long-term dry storage. MYAPC completed these activities in 2004 and

1 As discussed in the reference d EA, the Maine Yankee ISFSI sits on the former site of the Maine Yankee Atomic Power Station, which MYAPC finished decommissioning in 2005. Although only the Maine Yankee ISFSI remains on the site, Maine Yankees 10 CFR p art 50 license, Facility Operating License No. DPR -36 remains in effect. Because the MYAPC requested an exemption from the requirements of 10 CFR p art 50, this would be an exemption for MYAPCs 10 CFR p art 50 license rather than for MYAPCs 10 CFR p art 72 general license. Therefore, although MYAPCs submission requested an exemption for the Maine Yankee ISFSI, the NRC staff will consider it a request for an exemption for the Maine Yankee Atomic Power Station.

3 completed its final decommissioning of the reactor site, except for the ISFSI, which

included dismantling and removing all reactor-related facilities, in 2005. As a result, only

the ISFSI remains at the old plant site of Maine Yankee Atomic Power Station in

Wiscasset, Maine. By letter dated September 30, 2005 (ADAMS Package Accession No.

ML052380223), the NRC issued Amendment No. 172 to Facility Operating License No.

DPR-36 to allow MYAPC to possess and store SNF at the permanently shut down and

decommissioned facility under the provisions of 10 CFR p art 72, subpart K, General

License for Storage of Spent Fuel at Power Reactor Sites.

The NRC staff is performing both a safety evaluation and an environmental

review to determine whether to grant this exemption request. The NRC staff will prepare

a separate safety evaluation report (SER) to document its safety review and analysis.

The NRCs SER will evaluate the proposed exemption to ensure reasonable assurance

of adequate protection of public health and safety, and the common defense and

security. This EA documents the environmental review which the NRC staff prepared in

accordance with 10 CFR 51.21 and 51.30(a). The NRCs decision whether to grant the

exemption will be based on the results of the NRC staffs review as documented in this

EA, and the staffs safety review to be documented in the SER.

II. Environmental Assessment

By letter dated March 31, 2023, Maine Yankee submitted a request to the NRC

for an exemption from 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2). If granted, t he

proposed exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) would permit

MYAPC to make withdrawals from the segregated account, on an annual basis, for SNF

and GTCC waste management and non-radiological site restoration without prior

notification to the NRC. More specifically, with this exemption, MYAPC would be able to

annually transfer funds exceeding 110 percent of the inflation-adjusted decommissioning

4 cost estimate, described in 10 CFR 50.75, from the segregated account to its

overarching NDT and use those funds for SNF and GTCC waste management and non-

radiological site restoration activities.

Need For the Proposed Action

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. This

definition addresses radiological decommissioning and does not include activities

associated with management of SNF and GTCC waste or non-radiological site

restoration. Similarly, the requirements of 10 CFR 50.75(h)(2) restrict the use of

decommissioning trust fund disbursements (other than for ordinary and incidental

expenses) to decommissioning expenses until final decommissioning has been

completed.

Maine Yankee stated that it has established a segregated account, entitled

ISFSI Radiological Decom, within its over-arching NDT, that identifies the funds for

radiological decommissioning of the ISFSI. This segregated account is separate from the

larger balance of funds in the NDT allocated for ongoing management of SNF and

GTCC waste and for other non-radiological site restoration activities. Therefore,

exemption from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(2) is needed to allow Maine

Yankee to use funds from the segregated account for of SNF and GTCC waste

management and other non-radiological site restoration activities.

In its Decommissioning Funding Assurance Status Report dated March 6, 2023,

Maine Yankee stated that, as of December 31, 2022, its inflation-adjusted

decommissioning cost estimate (DCE) for the radiological decommissioning of the ISFSI,

is approximately $7.4 million in 2022 dollars, which, it asserted provides reasonable

5 assurance of adequate funding to complete the NRC-required decommissioning

activities. In the same report, Maine Yankee reported that the segregated ISFSI

Radiological Decom account had $56.4 million. More specifically, in its exemption

request, Maine Yankee provided a table showing $7,436,375 in 2022 dollars as the

inflation-adjusted DCE. Maine Yankees exemption request further stated that the

segregated account has a balance of $56,449,354 as of December 31, 2022, meaning

that the segregated account had a balance of $49,012,979, or 659 percent beyond the

inflation-adjusted DCE.

Maine Yankee stated that, if the exemption is granted, funds in its segregated

account which exceed 110 percent of the inflation-adjusted DCE for the radiological

decommissioning of the ISFSI would be transferred to the overarching NDT on an

annual basis without prior NRC notification. Maine Yankee would then use those funds

for SNF and GTCC waste management and non-radiological site restoration, which in

turn, would allow Maine Yankee to return its additional excess funds in the overarching

NDT to its customers as part of future rate cases with the Federal Energy Regulatory

Commission.

The requirements of 10 CFR 50.75(h)(2) further provide that, 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 NDT in connection with the

operation of the NDT, no disbursement may be made from the NDT without written

notice to the NRC at least 30 working days in advance. Therefore, an exemption from

10 CFR 50.75(h)(2) is also needed to allow Maine Yankee to use funds from the

segregated account for SNF and GTCC waste management and non-radiological site

restoration activities without prior NRC notification.

Environmental Impacts of the Proposed Action

6 The proposed action involves an exemption from requirements that are of

financial and/or administrative nature and that do not have an impact on the

environment.

Before the NRC could approve the proposed action, it would have to conclude

that there is reasonable assurance that adequate funds are available in the segregated

account to complete all activities associated with radiological decommissioning as well

as SNF and GTCC waste management and non-radiological site restoration. Therefore,

there would be no decrease in safety associated with the use of funds from the

segregated account to also fund activities associated with SNF and GTCC waste

management and non-radiological site-restoration.

The requested exemption from the requirements of 10 CFR 50.82(a)(8)(i)(A) and

10 CFR 50.75(h)(2), if approved, would allow transfers on an annual basis. Maine

Yankee stated that it will continue to provide its annual decommissioning funding

assurance status report in accordance with the 10 CFR 50.75(f)(1) and (2) and

10 CFR 50.82(a)(8)(v) and (vi) requirements. These reports provide the NRC staff with

awareness of, and the ability to act on, any actual or potential funding deficiencies. As

the proposed exemption would not affect these requirements, the NRC staff would have

tools available for any potential funding deficiencies. Since the exemption would allow

Maine Yankee to use funds from the segregated account that are in excess of those

required for radiological decommissioning, the adequacy of funds dedicated for

radiological decommissioning would not be affected by the proposed exemption.

Therefore, there is reasonable assurance that there would be no environmental impact

due to lack of adequate funding for radiological decommissioning.

Further, there are no new accident precursors created by using the excess funds

from the segregated account for SNF and GTCC waste management and non-

7 radiological site-restoration. The exemption, if granted, would be financial and/or

administrative in nature. Thus, the probability of postulated accidents is not increased.

Also, the consequences of postulated accidents are not increased. No changes are

being made in the types or amounts of effluents that may be released offsite. There is no

significant increase in occupational or public radiation exposure. Therefore, the

requested exemption will not present an undue risk to the public health and safety.

With regard to potential non-radiological impacts, the proposed action 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 non-radiological effluents. In

addition, there would be no noticeable effect on socioeconomic conditions in the region,

no environmental justice impacts, no air quality impacts, and no impacts to historic and

cultural resources from the proposed action. T herefore, there are no significant non-

radiological environmental impacts associated with the proposed action.

For these reasons, the NRC concludes there are no significant environmental

impacts associated with the proposed exemption request.

Environmental Impacts of the Alternatives t o the Proposed Action

In addition to the proposed action, the NRC staff also considered denial of the

proposed action (i.e., the no -action alternative). Denial of the exemption request 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 Consulted

8 By email dated January 16, 2024, the NRC provided a copy of this d raft EA to the

Maine Department of Health and Human Services, Radiological Control Program, for

review. By email dated January 30, 2024, Maine Department of Health & Human

Services concurred with the NRC staffs determination.

Endangered Species Act Section 7 Consultation

Section 7 of the Endangered Species Act of 1973, as amended (ESA), requires

Federal agencies to consult with the U.S. Fish and Wildlife Service or National Marine

Fisheries Service regarding actions that may affect listed species or designated critical

habitats. The ESA is intended to prevent further decline of endangered and threatened

species and restore those species and their critical habitat.

The NRC staff determined that a consultation under section 7 of the ESA is not

required because the proposed action will not affect listed species or critical habitat.

National Historic Preservation Act Section 106 Consultation

Section 106 of the National Historic Preservation Act (NHPA) requires Federal

agencies to consider the effects of their undertakings on historic properties. As stated in

the NHPA, historic properties are any prehistoric or historic district, site, building,

structure, or object included in, or eligible for inclusion in the National Register of Historic

Places.

The NRC determined that the scope of activities described in this exemption

request do not have the potential to cause effects on historic properties because the

NRCs approval of this exemption request will not authorize new construction or land

disturbance activities. The NRC staff also determined that the proposed action is not a

type of activity that has the potential to impact historic properties because the proposed

action would occur within the established Maine Yankee site boundary. Therefore, in

accordance with 36 CFR 800.3(a)(1), no consultation is required under section 106 of

9 NHPA.

III. Finding of No Significant Impact

The environmental impacts of the proposed action an exemption from the

requirements of 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) allowing MYAPC to

make withdrawals from the segregated account, on an annual basis, for SNF and GTCC

waste management and non-radiological site restoration without prior notification to the

NRC have been reviewed under the requirements in 10 CFR p art 51, which

implement the National Environmental Policy Act of 1969, as amended.

The proposed exemption would not have a significant adverse effect on the

probability of an accident occurring and would not have any significant radiological or

non-radiological impacts. The proposed exemption involves an exemption from

requirements that are of a financial and/or administrative nature and would not have an

impact on the human environment. Consistent with 10 CFR 51.21, the NRC conducted

the EA for the proposed exemption, and this FONSI incorporates by reference the EA in

Section II of this document. Therefore, the NRC concludes that the proposed action will

not have significant effects on the quality of the human environment. Accordingly, the

NRC has determined not to prepare an environmental impact statement for the proposed

action.

IV. Availability of Documents

The documents identified in the following table are available to interested

persons through ADAMS, as indicated.

Document Description ADAMS Accession No.

Request for Exemption from ML23113A005 10 CFR 50.82(a)(8)(i)(A) and 10 CFR 50.75(h)(2) for the Maine Yankee ISFSI, dated March 31, 2023.

Email to State of Maine providing draft ML24024A153 environmental assessment related to Maine Yankee exemption request, dated January 16, 2024.

10 Document Description ADAMS Accession No.

Response from State of Maine on draft EA/FONSI, ML24033A284 dated January 30, 2024.

Maine Yankee Decommissioning Funding ML23068A011 Assurance Status Report, dated March 6, 2023.

Issuance of Amendment No. 172, to Facility ML052380223 (package)

Operating License No. DPR-36 - Maine Yankee Atomic Power Station, dated September 30, 2005.

Dated: February 22, 2024.

For the Nuclear Regulatory Commission.

/RA/

Yoira K. Diaz-Sanabria, Chief,

Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.

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