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Home My WebLink About06 - Supporting the Action for Spent Fuel Now CoalitionQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 30, 2021 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Theresa A. Schweitzer, Public Works Finance / Administrative Manager, tschweitzer@newportbeachca.gov PHONE: 949-644-3335 TITLE: Resolution No. 2021-119: Supporting the Action for Spent Fuel Now Coalition /_1 16"t I:7_T91 6 Spent nuclear fuel currently remains at the San Onofre Nuclear Generating Station (SONGS), approximately 30 miles south from the City of Newport Beach (City). "Action for Spent Fuel Solutions Now" is a coalition advocating for the federal government to provide an off-site storage and permanent disposal solution for the spent nuclear fuel at SONGS. Council member Dixon requested, and City Council approved, consideration of a resolution supporting Action for Spent Fuel Solutions Now in its efforts to relocate spent nuclear fuel away from SONGS and the California coastline. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-119, A Resolution of the City Council of the City of Newport Beach, California, in Support of the Action for Spent Fuel Now Coalition DISCUSSION: SONGS, located approximately 30 miles south of the City of Newport Beach (City), is a retired commercial nuclear power plant on the California coastline. SONGS has been in the decommissioning process since 2013, and as of August 2020, all spent nuclear fuel has been packaged in stainless steel canisters designed for both storage and transportation. However, as of today, the spent nuclear fuel still remains onsite. To complete the decommissioning process, the spent nuclear fuel must be removed from the site. 6-1 Resolution No. 2021-119: Supporting the Action for Spent Fuel Now Coalition November 30, 2021 Page 2 Action for Spent Fuel Solutions Now is a coalition of local governments, utilities, business organizations, community members, and more with the goal of encouraging the federal government to provide offsite storage and/or permanent disposal solutions for spent nuclear fuel. It is co-chaired by Orange County Supervisor Lisa Bartlett and San Diego County Supervisor Jim Desmond. Council member Dixon requested, and the City Council approved, consideration of a resolution supporting the efforts of the Action for Spent Fuel Now coalition to relocate spent nuclear fuel away from SONGS and the California coastline. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2021-119 Attachment B — Action for Spent Fuel Solutions Now Fact Sheet 6-2 ATTACHMENT A RESOLUTION NO. 2021-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, IN SUPPORT OF THE ACTION FOR SPENT FUEL NOW COALITION WHEREAS, the San Onofre Nuclear Generating Station ("SONGS") is a retired commercial nuclear power plant located approximately 30 miles from the City of Newport Beach ("City"); WHEREAS, SONGS has been in the decommissioning process since 2013 and as of August 2020, all spent nuclear fuel has been packaged in stainless steel canisters that are designed for both storage and transportation; however, the spent nuclear fuel remains onsite; WHEREAS, the federal government has not assumed title to, liability for, or transported the spent fuel at SONGS, as it was required to do beginning in 1998 under the Nuclear Waste Policy Act of 1982, Pub. L. No. 97-425 (Jan. 7, 1983), 96 Stat. 2201 (codified as amended at 42 U.S.C. ch. 108 § 10101 et seq.) and by contract; WHEREAS, nearly $41 billion (including interest income) has been paid into the Nuclear Waste Fund managed by the U.S. Department of Energy, including almost $1 billion from SONGS customers; WHEREAS, the lack of a national policy prevents removal of the spent fuel from SONGS, impeding the full decommissioning of the plant and restoration of the site; WHEREAS, the SONGS Strategic Plan, developed by a team of independent national experts, recommends the formation of a coalition of stakeholders to spur federal action aimed at removing spent fuel from SONGS; WHEREAS, interim and long-term offsite storage options are important to enhance the health, safety and security, of residents and businesses located in Orange County; and WHEREAS, "Action for Spent Fuel Solutions Now" is a coalition of local governments, utilities, business organizations, labor leaders, Native American leaders, environmental groups, and other community members with the goal of encouraging the federal government to provide offsite storage and/or permanent disposal solutions for spent nuclear fuel. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: 6-3 Resolution No. 2021 - Page 2 of 2 Section 1: The City Council does hereby support the efforts of Action for Spent Fuel Solutions Now to relocate spent nuclear fuel away from SONGS and the California coastline. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 30th day of November, 2021. Brad Avery Mayor Leilani 1. Brown City Clerk APPROVED AS TO FORM: CIT ATTORNEY'S FICE aron C. Harp City Attorney Attachment B J�"' r"Mi .�� _ ACTION FOR SPENT FUEL SOLUTIONS NOW Action for Spent Fuel Solutions Now is a new group of local governments, elected officials, utilities, environmental groups, labor leaders, Native American leaders, business organizations and other community members who support the relocation of spent nuclear fuel to a federally licensed facility away from our coastline. This is the first step forward to take action. Our founding members include representatives from the County of Orange, County of San Diego, Southern California Edison (SCE), San Diego Gas & Electric and the City of Riverside. SIR 100% of SONGS spent fuel in canisters designed for storage and transportation M 102 of 123 spent fuel canisters at SONGS ready for transport now M 19 on-site dry storage facilities at retired U.S. nuclear power plants 4 spent nuclear fuel dry storage sites in California 35 states with at least some spent fuel stored at plant sites 6-5