Notice2023-16448
Notice of Adoption of Nuclear Regulatory Commission National Environmental Policy Act Documentation for the Operation of Diablo Canyon Power Plant and Republication as a Final DOE Environmental Impact Statement for Award of Credits to Pacific Gas and Electric Company Under the Civil Nuclear Credit Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 4, 2023
Issuing agencies
Energy Department
Abstract
The Department of Energy (DOE) is adopting the Nuclear Regulatory Commission (NRC) National Environmental Policy Act (NEPA) documentation (including that of the Atomic Energy Commission (AEC), the NRC's predecessor agency), for operation of the Diablo Canyon Power Plant (DCPP) under DCPP's operating licenses from the NRC. DOE determined these documents adequate to satisfy DOE NEPA obligations related to its award of credits to Pacific Gas and Electric Company (PG&E), pursuant to the Civil Nuclear Credit (CNC) Program, for the continued operation of the DCPP under DCPP's current operating licenses issued by the NRC. Because the actions covered by this NRC NEPA documentation and the proposed action are substantially the same, DOE is republishing and adopting those NEPA documents as a final DOE Environmental Impact Statement (EIS).
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 149 (Friday, August 4, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51798-51800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16448]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Notice of Adoption of Nuclear Regulatory Commission National
Environmental Policy Act Documentation for the Operation of Diablo
Canyon Power Plant and Republication as a Final DOE Environmental
Impact Statement for Award of Credits to Pacific Gas and Electric
Company Under the Civil Nuclear Credit Program
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of adoption of National Environmental Policy Act
documentation.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is adopting the Nuclear
Regulatory Commission (NRC) National Environmental Policy Act (NEPA)
documentation (including that of the Atomic Energy Commission (AEC),
the NRC's predecessor agency), for operation of the Diablo Canyon Power
Plant (DCPP) under DCPP's operating licenses from the NRC. DOE
determined these documents adequate to satisfy DOE NEPA obligations
related to its award of credits to Pacific Gas and Electric Company
(PG&E), pursuant to the Civil Nuclear Credit (CNC) Program, for the
continued operation of the DCPP under DCPP's current operating licenses
issued by the NRC. Because the actions covered by this NRC NEPA
documentation and the proposed action are substantially the same, DOE
is republishing and adopting those NEPA documents as a final DOE
Environmental Impact Statement (EIS).
DATES: DOE will execute a Record of Decision no sooner than 30 days
following publication by the Environmental Protection Agency (EPA) of
its Notice of Availability of DOE's adoption of the NRC NEPA documents
(EPA Notice) in the Federal Register.
ADDRESSES: Copies of this Notice of Adoption may be obtained by
contacting Mr. Jason Anderson, Document Manager, by mail at U.S.
Department of Energy, Idaho Operations Office, 1955 Fremont Avenue,
Idaho Falls, Idaho 83415; or by email to
<a href="/cdn-cgi/l/email-protection#debdb0bd81aeacb1b9acbfb381b3bfb7b2bcb1a69eb6aff0bab1bbf0b9b1a8"><span class="__cf_email__" data-cfemail="87e4e9e4d8f7f5e8e0f5e6ead8eae6eeebe5e8ffc7eff6a9e3e8e2a9e0e8f1">[email protected]</span></a>. This Notice of Adoption, as well as
other general information concerning the DOE NEPA process, are
available for viewing or download at: <a href="https://www.energy.gov/gdo/cnc-cycle-1-diablo-canyon-conditional-award-nepa-documentation">https://www.energy.gov/gdo/cnc-cycle-1-diablo-canyon-conditional-award-nepa-documentation</a>. For general
information on the CNC Program, visit <a href="http://www.energy.gov/gdo/civil-nuclear-credit-program">www.energy.gov/gdo/civil-nuclear-credit-program</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Theodore Taylor,
<a href="/cdn-cgi/l/email-protection#6c0f020f331c1e030b1e0d0133010d05000e03142c041d42080309420b031a"><span class="__cf_email__" data-cfemail="aac9c4c9f5dad8c5cdd8cbc7f5c7cbc3c6c8c5d2eac2db84cec5cf84cdc5dc">[email protected]</span></a>, (202) 586-4316.
SUPPLEMENTARY INFORMATION: Part of the DOE mission is to ensure
America's security and prosperity by addressing its energy,
environmental, and nuclear challenges through transformative science
and technology solutions. As described at <a href="http://www.energy.gov/gdo/civil-nuclear-credit-program">www.energy.gov/gdo/civil-nuclear-credit-program</a>, the CNC Program was established on November 15,
2021, when President Biden signed the Infrastructure Investment and
Jobs Act (IIJA) (Pub. L. 117-58), also known as the Bipartisan
Infrastructure Law, into law. Section 40323 of the IIJA (42 U.S.C.
18753) provides $6 billion to establish a program to award civil
nuclear credits. The CNC Program is a strategic investment to help
preserve the existing U.S. commercial power reactor fleet and save
thousands of high-paying jobs across the country.
Under the CNC Program, owners or operators of U.S. commercial power
reactors can apply for certification to bid on credits to support the
nuclear reactor's continued operation. An application must demonstrate
that the nuclear reactor is projected to close for economic reasons and
that closure will lead to a rise in air pollutants and carbon
emissions, among other conditions. An owner or operator of a certified
nuclear reactor whose bid for credits is selected by DOE is then
eligible to receive payments from the Federal government in the amount
of the credits awarded to the owner or operator, provided it continues
to operate the nuclear reactor for the four-year award period (2023 to
2026) and subject to its satisfaction of other specified payment terms.
PG&E submitted its application for certification and its bid for
credits under the CNC Program on September 9, 2022. DOE made a
conditional award of credits to PG&E on November 21, 2022.
NEPA requires Federal agencies to evaluate the environmental
impacts of proposals for major Federal actions with the potential to
significantly affect the quality of the human environment. Awarding
credits for continued operation of a commercial nuclear power reactor
under the CNC Program is subject to NEPA. Therefore, to award credits
to DCPP, an existing commercial nuclear power plant, DOE conducted a
review of the existing NEPA documentation for continued operation of
the reactor in accordance with the Council on Environmental Quality
(CEQ) and DOE NEPA regulations, 40 CFR 1506.3 and 10 CFR 1021.200(d),
respectively. DOE also considered non-NEPA documents, such as available
licensing basis documents, the 2021 Safety Analysis Report, Federal and
State permits, site reports and documents, and relevant public
information to satisfy its obligations under NEPA.
Proposed Action
DOE proposes to award credits to PG&E under the CNC Program for the
continued operation of DCPP under DCPP's current NRC operating
licenses. While DCPP's current NRC operating licenses are valid until
November 2, 2024 (Unit 1) and until August 26, 2025 (Unit 2), they may
remain in effect by operation of law beyond those dates in accordance
with NRC rules and 5 U.S.C. 558(c). DOE's review and adoption of the
NRC NEPA documents covers DOE's proposed action, which occurs during
the period that DCPP's current NRC operating licenses remain in effect.
The issuance or payment of credits awarded to PG&E beyond the period
that DCPP's current NRC operating licenses remain in effect would be
dependent on PG&E's compliance with NRC requirements applicable to
license renewal. DOE would consider the need for further NEPA review
prior to deciding whether to issue any credits or make any
[[Page 51799]]
payments during the period of operation under an NRC license
renewal.\1\
---------------------------------------------------------------------------
\1\ The NRC has granted PG&E a one-time exemption for DCPP from
10 CFR 2.109(b) to allow PG&E to submit a license renewal
application for DCPP less than 5 years prior to expiration of the
current operating licenses, but no later than December 31, 2023.
U.S. Nuclear Regulatory Commission, Pacific Gas and Electric Company
Diablo Canyon Power Plant, Units 1 and 2 Exemption, ADAMS Accession
No. ML 23026A109 (NRC 2023). As the NRC explained, ``[t]he decision
to issue PG&E an exemption from 10 CFR 2.109(b) does not constitute
approval of the license renewal application PG&E intends to submit
by December 31, 2023. Rather, this exemption provides that if PG&E
submits an application by December 31, 2023, and the application is
sufficient for docketing, the licensee will receive timely renewal
protection under 10 CFR 2.109(b) while the NRC evaluates that
application.''
---------------------------------------------------------------------------
NEPA Document Review
Because DOE did not participate as a cooperating agency in the
preparation of the NRC NEPA documents,\2\ in accordance with 10 CFR
1021.200(d), DOE conducted a review to determine if the NRC
documentation ``meets the standards for an adequate statement,
assessment, or determination'' under the CEQ NEPA regulations and an
evaluation of whether ``the actions covered by the original
environmental impact statement and the proposed action are
substantially the same.'' 40 CFR 1506.3. DOE reviewed the following NRC
NEPA documents:
---------------------------------------------------------------------------
\2\ For ease of reference, documents prepared by either the AEC
or the NRC are referred to as ``NRC documents'' or the ``NRC NEPA
documents,'' unless a specific AEC document is identified.
---------------------------------------------------------------------------
<bullet> U.S. Atomic Energy Commission Final Environmental
Statement related to the Nuclear Generating Station Diablo Canyon Units
1 & 2 (AEC 1973);
<bullet> U.S. Nuclear Regulatory Commission Addendum to the Final
Environmental Statement for the Operation of the Diablo Canyon Nuclear
Power Plant Units 1 & 2 (NRC 1976);
<bullet> U.S. Nuclear Regulatory Commission Pacific Gas and
Electric Company Diablo Canyon Nuclear Power Plant, Units 1 and 2
Notice of Issuance of Environmental Assessment and Finding of No
Significant Impact (NRC 1993);
<bullet> U.S. Nuclear Regulatory Commission Environmental
Assessment Related to the Construction and Operation of the Diablo
Canyon Independent Spent Fuel Storage Installation (NRC 2003); and
<bullet> U.S. Nuclear Regulatory Commission Supplement to the
Environmental Assessment and Final Finding of No Significant Impact
Related to the Construction and Operation of the Diablo Canyon
Independent Spent Fuel Storage Installation (NRC 2007).
DOE's review of the DCPP NRC NEPA documents was guided by the NRC's
2013 Generic Environmental Impact Statement (GEIS) (NUREG 1437,
Revision 1). The 2013 GEIS examines the possible environmental impacts
that could occur as a result of renewing licenses of individual nuclear
power plants under 10 CFR part 54. The GEIS, to the extent possible,
establishes the bounds and significance of these potential impacts.
While DOE's proposed action does not cover license renewal of DCPP
beyond the current licenses in effect, the analyses in the GEIS
encompass all operating light-water nuclear power reactors in the
United States and provide a reasonable analytical structure for DOE's
review of its proposed action to provide financial support for
continued operation of existing NRC licensed light-water nuclear power
reactors.
In 1967 and 1968, PG&E submitted license applications for the
construction and operation of DCPP to the AEC. In 1973, the AEC issued
a final Environmental Statement (ES) related to construction and
operation of DCPP. The NRC updated some of the analyses and issued an
addendum to the ES in 1976. The NRC documents analyzed the potential
environmental impacts associated with construction and operation of
DCPP. In 1981, the Atomic Safety and Licensing Board Panel, an
independent adjudicatory body of the NRC, authorized the issuance to
PG&E of two NRC licenses, DPR-80 and DPR-82, for operation of DCPP.
Based on its review of the NRC NEPA documents, and subsequent documents
as referenced in the DOE EIS (including available licensing basis
documents, Federal and State permits, site reports and documents, and
relevant public information), DOE has determined that the documents
meet the standards for an adequate statement, assessment, or
determination under CEQ NEPA regulations and the actions covered by the
NRC NEPA documents are substantially the same as the actions proposed
to be undertaken with respect to the award of credits described herein.
In this instance, DOE's action is proposed financial support for the
continuing operation of DCPP, and NRC has permitting (licensing)
authority over the same project. DOE took a hard look at the
environmental effects of the planned action, including the analysis in
prior NRC NEPA documents and other environmental documents. DOE
concluded that the NEPA documentation is adequate for continued
operation during the period that DCPP's current operating licenses
remain in effect. Therefore, DOE has adopted the NRC NEPA documents as
a single DOE EIS (DOE/EIS-0555).
While the NRC NEPA documents themselves are the basis of this
adequacy review, it is permissible to use non-NEPA documents, such as
available licensing basis documents, Federal and State permits, site
reports and documents, and relevant public information in DOE's
analysis. Further, as a condition of the Environmental Protection Plan
(EPP) which is part of the NRC licenses for operation of DCPP, PG&E is
required to report ``unreviewed environmental questions'' which ``may
result in a significant increase in any adverse environmental impact
previously evaluated in the final environmental statement.''
Implementation of such changes are subject to prior approval by the NRC
in the form of a license amendment incorporating the appropriate
revision into the EPP. PG&E is required to submit an annual report
identifying if any of these events occurred. For example, PG&E's most
recent report to the NRC with respect to DCPP, dated May 1, 2023,
reported that there were no EPP noncompliances nor changes in plant
design or operation, tests, or experiments involving an unreviewed
environmental question during 2022. These documents were included in
DOE's review and are consistent with the NRC NEPA documents.
DOE determined that the project analyzed in the NEPA documents is
substantially the same project for which DOE is considering awarding
credits as part of the CNC Program, namely the continued operation of
DCPP under its NRC operating licenses, and that the NEPA documents meet
the standards for an adequate statement, assessment, or determination
under the CEQ NEPA regulations. Additional details on that review are
summarized below.
Potential Environmental Impacts
The existing NEPA documents as well as available public documents
were reviewed by DOE to satisfy DOE's obligations under NEPA. The NEPA
resource areas reviewed by DOE included land use and visual resources,
meteorology and air quality, noise, geologic environment, biological
resources, water resources, ecological resources, historic and cultural
resources, socioeconomics, human health, environmental justice, waste
management, transportation, intentional destructive acts, and
cumulative impacts.
The NRC's 1996 GEIS (NUREG 1437) examines the possible
environmental impacts that could occur because of
[[Page 51800]]
renewing licenses of individual nuclear power plants under 10 CFR part
54. The GEIS, to the extent possible, establishes the bounds and
significance of these potential impacts. The analyses in the GEIS
encompass all operating light-water power plants. As part of the
review, DOE considered the resource areas analyzed in the 2013 GEIS and
listed above.
DOE's review of the NRC NEPA documents and other available
information for DCPP indicates the impact findings in the existing NEPA
documentation remains adequate through the current operating licenses
and that the impacts of continued DCPP operation would be consistent
with the impacts of current and historic operations.
DOE found that there was sufficient information in the documents
reviewed by DOE to complete DOE's analysis and to determine that the
NEPA documents remain adequate, despite the age of many of these
documents. In its review, DOE did not identify significant new
circumstances or information relevant to environmental concerns and
bearing on the proposed award of credits or the impact of the award of
credits and therefore, no supplemental EIS is required. In addition,
DCPP complies with Federal, State, and local environmental regulations,
requirements, and agreements, and it operates using best management
practices. Further, DOE determined that the proposed action is
substantially the same as the proposed action analyzed in the existing
NEPA documents: both the NRC's issuance of an operating license to DCPP
pursuant to the NEPA documents and DOE's award of credits under the CNC
Program for DCPP have the purpose and effect of allowing for the
continued operation of DCPP. DOE's award of credits under the CNC
Program for the period that DCPP's current NRC license remains in
effect does not change the existing location, design, construction,
size, fuel usage, production of electricity, or environmental impacts
of DCPP as evaluated by the NEPA documents and for which the NRC has
issued an operating license. In light of the foregoing, DOE finds the
NEPA documentation is adequate for continued operation through the
period that DCPP's current NRC operating licenses remain in effect.
Therefore, DOE is adopting and republishing the NRC NEPA documents as a
single final EIS (DOE/EIS-0555).
Signing Authority
This document of the DOE was signed on July 28, 2023, by Maria D.
Robinson, Director, Grid Deployment Office, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on July 28, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-16448 Filed 8-3-23; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 4, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.