[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-259, 50-260, 50-296, and 72-052; NRC-2024-0114]
Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1, 2, and 3;
Environmental Assessment and Finding of No Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of
an exemption for Renewed Facility Operating License Nos. DPR-33, DPR-52, and DPR68 held by Tennessee Valley Authority (TVA, the licensee) for the operation of Browns
Ferry Nuclear Plant, Units 1, 2, and 3 (Browns Ferry). The exemption would exempt TVA
from the requirement to install a monitored alarm at the access control point of the
storage facilities where the original steam dryers are stored. The exemption is being
requested to address a regulatory noncompliance which has resulted in the issuance of
minor violations at the Browns Ferry site. 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 [INSERT
DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Please refer to Docket ID NRC-2024-0114 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:

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Federal Rulemaking Website: Go to https://www.regulations.gov and

search for Docket ID NRC-2024-0114. 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.
•

NRC’s 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 NRC’s Public Document Room (PDR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number
for each document referenced (if it is available in ADAMS) is provided the first time that it
is mentioned in this document.
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NRC’s 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 301-4154737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kimberly Green, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone: 301-415-1627; email: Kimberly.Green@nrc.gov.

SUPPLEMENTARY INFORMATION:
I.

Introduction

The NRC is considering issuance of an exemption from the requirement in
paragraph 37.11(c)(2) of title 10 of the Code of Federal Regulations (10 CFR) to secure
category 1 or category 2 radioactive waste with a locked door or gate with monitored
alarm at the access control point for Renewed Facility Operating License Nos. DPR-33,
DPR-52, and DPR-68, issued to Tennessee Valley Authority (TVA), for operation of the
Browns Ferry Nuclear Plant, Units 1, 2, and 3 (Browns Ferry), respectively, located in
Limestone County, Alabama. Because this proposed exemption does not fall within the
NRC’s list of categorical exclusions in 10 CFR 51.22, the NRC prepared an EA, as
required by 10 CFR 51.21. Based on the results of the EA that follows, the NRC has
determined not to prepare an environmental impact statement for the exemption and is
issuing a FONSI.
TVA is requesting an exemption from the requirement to “[u]se a locked door or
gate with monitored alarm at the access control point” for category 1 and 2 quantities of
radioactive material as set forth in 10 CFR 37.11(c)(2) for the low-level radioactive waste
storage facility (LLRWSF) at the Browns Ferry site. The exemption is being requested to
address a regulatory noncompliance which has resulted in the issuance of minor
violations at the Browns Ferry site.
The LLRWSF is used to store the original steam dryers for Browns Ferry, which
were removed during the extended power uprate outages. The stored steam dryers
exceed the threshold for a category 2 quantity of radioactivity, as defined in
10 CFR 37.5, but do not contain discrete radioactive sources, ion-exchange resins, or
activated materials that weigh less than 2,000 kilograms (4,409 pounds), as described in
10 CFR 37.11(c).
TVA describes the LLRWSF as a robust structure consisting of a group of
rectangular box-type concrete storage modules that are located outside the Browns
Ferry protected area but inside the owner-controlled area and exclusion zone. Each

LLRWSF storage module is closed by five precast concrete caps, weighing
approximately 45,813 kilograms (101,000 pounds) each. Removal of the caps is the only
access point to the stored steam dryers and requires heavy lifting and rigging equipment
that cannot be staged or utilized quickly. Removal of the caps is an evolution that is
easily observable over an extended period of time.
II.

Environmental Assessment

Description of the Proposed Action
The proposed action would exempt TVA from the requirement to use a locked
door or gate with a monitored alarm at the access control point to the LLRWSF storage
vaults utilized for the original steam dryers at Browns Ferry.
The proposed action is in accordance with the licensee’s exemption request
dated September 28, 2023 (ADAMS Accession No. ML23271A063), as supplemented
by letter dated March 14, 2024 (ADAMS Accession No. ML24074A457).
Need for the Proposed Action
The regulation at 10 CFR 37.11(c)(2) requires, in part, licensees who possess
radioactive waste that contains category 1 or category 2 quantities of radioactive waste
to secure the radioactive waste with a locked door or gate with monitored alarm at the
access control point. The Browns Ferry original steam dryers exceed the threshold for a
category 2 quantity of radioactivity, but do not contain discrete radioactive sources, ionexchange resins, or activated materials that weigh less than 2,000 kilograms and,
therefore, are not exempt from the requirements in 10 CFR 37.11(c). As such, the
licensee is required to have a monitored alarm at the access control point to the
LLRWSF where the steam dryers are stored. As described in the request for exemption
and confirmed in the supplement, the only access point to the stored steam dryers is via
the removal of the 45,813-kilogram concrete caps, and removal of these caps would
require setting up heavy rigging and lifting equipment.
On March 13, 2014, the NRC issued Enforcement Guidance Memorandum
(EGM) 2014-001, “Interim Guidance for Dispositioning 10 CFR part 37 Violations with

Respect to Large Components or Robust Structures Containing Category 1 or Category
2 Quantities of Material at Power Reactor Facilities Licensed Under 10 CFR parts 50
and 52” (ADAMS Accession No. ML14056A151), to provide guidance to NRC staff for
dispositioning violations associated with 10 CFR part 37 with respect to large
components containing category 1 and category 2 quantities of radioactive material
stored in robust structures at power reactor facilities licensed under 10 CFR parts 50 and
52. The EGM defines a large component as an item weighing 2,000 kilograms or more,
but not containing either discrete sources or ion exchange resins, and limits the
components to steam generators, steam dryers, turbine rotors, reactor vessels, reactor
vessel heads, reactor coolant pumps, and shielding blocks. It also defines a robust
structure as a closed concrete bunker or modular vault for which access to the
radioactive materials contained within the structure is gained only through the use of
heavy equipment to remove structural components or large access blocks that weigh
2,000 kilograms or more. The EGM allows the NRC Regional Offices to evaluate
potential violations and consider if the use of enforcement discretion is warranted under
certain circumstances. The EGM will remain effective until the underlying technical issue
is dispositioned through rulemaking or other regulatory action. Therefore, to address a
regulatory noncompliance and avoid future violations, TVA has requested an exemption.
Environmental Impacts of the Proposed Action
The NRC staff has assessed the potential environmental impacts from granting
the requested exemption. The proposed action involves no new construction or
modification of the facilities at Browns Ferry, and no changes to the contents of the
LLRWSF vaults where the original steam dryers are stored. Therefore, the proposed
action would have no direct impact on land and water use or water quality, including
terrestrial and aquatic biota, and there would be no change in the quality or quantity of
radiological and non-radiological effluents. Additionally, there would be no change in
dose to members of the public and occupational workers. The proposed action would
have no effect on air pollutant emissions or ambient air quality. In addition, the proposed

action would have no noticeable effect on socioeconomic and environmental justice
conditions in the region, and no adverse effect on historic and cultural resources.
Therefore, the proposed action would have no significant effect on the quality of the
human environment.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the staff considered denial of the
exemption request (i.e., the “no-action” alternative). Denial of the exemption request
would result in the need to install a locked door or gate with monitored alarm, and there
would be no change in the current environmental impacts. Accordingly, the
environmental impacts from the proposed action and the no-action alternative are
similar.
Alternative Use of Resources
There are no unresolved conflicts concerning alternative uses of available
resources under the proposed action.
Agencies and Persons Consulted
No agencies or persons were consulted. Because the proposed action is not a
type of activity that has the potential to cause effects on historic properties, the NRC has
no further obligations under section 106 of the National Historic Preservation Act.
Similarly, the proposed action would not affect threatened or endangered species;
therefore, consultation under section 7 of the Endangered Species Act is not required.
III.

Finding of No Significant Impact

TVA requested an exemption from the requirement in 10 CFR 37.11(c)(2) to
have a locked gate or door with a monitored alarm at the access control point for the
Browns Ferry LLRWSF vaults where the original steam dryers are stored. Based on the
review of available information, including the information provided in the licensee’s
request for exemption and its response to a request for additional information, the NRC
determined that the proposed action would not have any significant environmental

impacts. Also, the impacts of the “no-action” alternative would be similar to the impacts
of the proposed action.
Consistent with 10 CFR 51.21, the NRC conducted an environmental review of
the proposed action and, in accordance with 10 CFR 51.32(a)(4), this FONSI
incorporates the EA in Section II of this document by reference. Therefore, the NRC
concludes that the proposed action will not have a significant effect on the quality of the
human environment. Accordingly, the NRC has determined an environmental impact
statement for the proposed action is not needed.
This FONSI and related environmental documents are available for public
inspection online in the ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to
ADAMS or who encounter problems in accessing the documents located in ADAMS
should contact the NRC’s PDR reference staff by telephone at 1-800-397-4209 or 301415-4737, or by email to PDR.Resource@nrc.gov.
Dated: June 21, 2024.
For the Nuclear Regulatory Commission.

Kimberly Green,
Senior Project Manager,
Licensing Projects Branch II-2,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2024-14056 Filed: 6/26/2024 8:45 am; Publication Date: 6/27/2024]