ML17083A014

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Letter to J. B. Rhodes Review of the Draft Environmental Assessment and Finding of No Significant Impact for the James Fitzpatrick Independent Spent Fuel Storage Installation Decommissioning Funding Plan (ML16145A328-RLSO)
ML17083A014
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 05/20/2016
From: Steve Ruffin
Spent Fuel Licensing Branch
To: Rhodes J
State of NY, Energy Research & Development Authority
Longmire P
References
CAC L24828
Download: ML17083A014 (3)


Text

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 20, 2016 John B. Rhodes President and CEO New York State Energy Research

& Development Authority 17 Columbus Circle Albany, NY 12223-6399

SUBJECT:

REVIEW OF THE DRAFT ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR THE JAMES FITZPATRICK INDEPENDENT SPENT FUEL STORAGE INSTALLATION DECOMMISSIONING FUNDING PLAN

Dear Mr. Rhodes:

By letters dated December 13, 2012, and December 17, 2015, Entergy Nuclear Operations (ENO) submitted decommissioning funding plans (DFP) for the James FitzPatrick Independent Spent Fuel Storage Installation (ISFSI), located in New York, for U.S. Nuclear Regulatory Commission (NRC) staff review and approval.

The NRC regulations at Title 10 of the Code of Federal Regulations (10 CFR) Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste, govern the storage of spent nuclear fuel (spent fuel) generated at commercial nuclear power reactors licensed by the NRC. Spent fuel that has been removed from the reactors spent fuel pool is typically stored at a nuclear power plants ISFSI.

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 amending its decommissioning planning regulations (76 Federal Register (FR) 35512). The final rule amended the NRC regulation, 10 CFR 72.30, which concerns financial assurance and decommissioning for ISFSIs. This regulation now requires each holder of, or applicant for, a license under 10 CFR Part 72 to submit, for NRC review and approval, a DFP. The purpose of the DFP is to demonstrate the licensees financial assurance, i.e., that funds will be available to decommission the ISFSI. The NRC staff is reviewing the information submitted by ENO, Specifically, the NRC must determine whether ENO DFP contains the information required by 10 CFR 72.30(b) and 10 CFR 72.30 (c) Tri-Annual Update and whether ENO has provided reasonable assurance that funds will be available to decommission the ISFSI.

The ENO ISFSI DFP is publicly available in the NRCs Agencywide Documents Access and Management System (ADAMS) accessible at http://www.nrc.gov/reading-rm/adams.html.

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

J. Rhodes The ADAMS accession number for the application package is ML12352A126 for the 2012 submittal and ML15351A524 for the 2015 submittal.

In accordance with 10 CFR Part 51, the NRC regulations that implement the National Environmental Policy Act of 1969, as amended, the agency has prepared a draft environmental assessment (EA) for the proposed action (enclosed). We are providing your office with the opportunity to review the draft EA and comment on environmental issues prior to the public issuance and publication of the EA. We request that distribution and use of the enclosed draft EA be limited only to those staff involved in the review and comment process.

Please submit any comments within 30 days of the receipt of this letter to the U.S. Nuclear Regulatory Commission, Document Control Desk, ATTN: Steve Ruffin, Mail Stop:TWFN4E-04, U.S. Nuclear Regulatory Commission, Washington, DC 20555. If you have any questions, please contact Mr. Richard Baum of my staff by telephone at 301-415-0018, or by e-mail at richard.baum@nrc.gov. The NRC staff will consider your timely comments and will revise the EA, as appropriate, before its final issuance and publication. Thank you for your assistance.

Sincerely,

/RA/

Steve Ruffin, Acting Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-12 CAC No.: L24828

Enclosure:

Draft Environmental Assessment PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.

J. Rhodes The ADAMS accession number for the application package is ML12352A126 for the 2012 submittal and ML15351A524 for the 2015 submittal.

In accordance with 10 CFR Part 51, the NRC regulations that implement the National Environmental Policy Act of 1969, as amended, the agency has prepared a draft environmental assessment (EA) for the proposed action (enclosed). We are providing your office with the opportunity to review the draft EA and comment on environmental issues prior to the public issuance and publication of the EA. We request that distribution and use of the enclosed draft EA be limited only to those staff involved in the review and comment process.

Please submit any comments within 30 days of the receipt of this letter to the U.S. Nuclear Regulatory Commission, Document Control Desk, ATTN: Steve Ruffin, Mail Stop: TWFN4E-04, U.S. Nuclear Regulatory Commission, Washington, DC 20555. If you have any questions, please contact Mr. Richard Baum of my staff by telephone at 301-415-0018, or by e-mail at richard.baum@nrc.gov. The NRC staff will consider your timely comments and will revise the EA, as appropriate, before its final issuance and publication. Thank you for your assistance.

Sincerely,

/RA/

Steve Ruffin, Acting Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-12 CAC No.: L24828

Enclosure:

Draft Environmental Assessment G:SFST\72.30 Decommissioning Funding Plans\2015 Submission Part 70.30 (c)\James Fitzpatrick DFP Consultation Letter to State.docx G:SFST\72.30 Decommissioning Funding Plans\2015 Submission Part 70.30 (c)\James Fitzpatrick Draft EA for Consultation.docx ADAMS P8 Accession No.: ML16145A324 Letter: ML16145A328

Enclosure:

ML16145A330 OFC DSFM DSFM DSFM DSFM NAME RBaum WWheatley SRuffin DATE 4/29/16 5/3/16 5/20/16 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY PRE-DECISIONAL INFORMATION. THIS INFORMATION IS LIMITED TO USE BY THE NEW YORK STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY. THIS INFORMATION SHALL NOT BE DISCLOSED WITHOUT PRIOR NRC PERMISSION.