[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Notices]
[Pages 3538-3539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1610]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-286]


Power Authority of the State of New York; Indian Point Nuclear 
Generating Unit No. 3; Environmental Assessment and Finding of no 
Significant Impact

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to an exemption from certain 
requirements of 10 CFR Part 50, Appendix J, Paragraph III.D.3, Type C 
tests, to the Power Authority of the State of New York (the licensee) 
for the Indian Point Nuclear Generating Unit No. 3, located in 
Westchester County, New York.

Environmental Assessment

Identification of the Proposed Action

    The proposed action would exempt the licensee from the requirements 
of 10 CFR Part 50, Appendix J, Paragraph III.D.3, to the extent that a 
one-time extension would be allowed for conducting Type C local leak 
rate tests (LLRTs) on containment isolation valves. Appendix J to 10 
CFR Part 50 requires these tests to be performed at intervals no 
greater than 2 years. Indian Point 3 is operating under an existing 
exemption that allows Type C tests to be conducted at intervals of no 
greater than 30 months. The proposed amendment to this exemption would 
extend the current test interval by 4\1/2\ months.

The Need for the Proposed Action

    The proposed action would allow the licensee to complete the 
current operating cycle without a shutdown to conduct a Type C LLRT. 
The licensee commenced operating on 24-month fuel cycles, as opposed to 
the previous 18-month fuel cycles, starting with fuel cycle 9 in August 
1992. The requirements of 10 CFR Part 50, Appendix J, Paragraph 
III.D.3, indicate that Type C LLRTs must be performed during each 
reactor shutdown for refueling at intervals no greater than 2 years (24 
months). In order to conform with this regulation, the licensee would 
have to shut down Indian Point Nuclear Generating Unit No. 3 and enter 
an outage before the scheduled end of each fuel cycle.
    The NRC staff had previously recognized that certain regulations 
would not accommodate fuel cycles longer than 18-months. Consequently, 
the NRC staff issued Generic Letter 91-04, ``Changes in Technical 
Specification Surveillance Intervals to Accommodate a 24-Month Fuel 
Cycle.'' This generic letter provides guidance to licensees on how to 
prepare requests for TS amendments and regulation exemptions which are 
needed to accommodate a 24-month fuel cycle. The licensee's letters of 
July 17, 1992, and December 23, 1992, which requested the existing 
exemption, followed the guidance of Generic Letter 91-04. An exemption 
allowing the licensee to extend the interval for Type C LLRts was 
issued on February 19, 1993.
    Type C testing for containment isolation valves was performed 
during the Restart and Continuous Improvement outage; however, due to 
the length of this outage the 30-month time interval will expire for 
some of the containment isolation valves prior to the next refueling 
outage scheduled for spring 1997. The requested amendment to the 
exemption provides for a one-time extension of up to 4 months so that 
valve testing may be done during the next refueling outage. Deferral of 
valve testing will not be used to extend plant operation beyond May 31, 
1997.

Environmental Impacts of the Proposed Action

    The Commission has completed its evaluation of the proposed action 
and concludes that the proposed amendment to the existing exemption 
does not increase the probability or consequences of accidents 
previously analyzed and it does not affect facility radiation levels or 
facility radiological effluents. The licensee has analyzed the results 
of previous LLRTs performed at Indian Point Nuclear Generating Unit No. 
3, and has provided the methodology used in extrapolating the previous 
LLRT data to the proposed 34.5-month interval. The requested exemption 
is also based on increasing the margin to the allowed combined leakage 
rate limit by 25 percent. The licensee has provided a sound basis for 
concluding that the containment leakage rate would be maintained within 
acceptable limits with a maximum LLRT interval of 30 months. The NRC 
staff has determined the licensee's actions are consistent with the 
guidance provided in Generic Letter 91-04.
    The change will not increase the probability or consequences of 
accidents, no changes are being made in the types of any effluents that 
may be released offsite, and there is no significant increase in the 
allowable individual or cumulative occupational radiation exposure. 
Accordingly, the Commission concludes that there are no significant 
radiological environmental impacts associated with the proposed action.
    With regard to potential non-radiological impacts, the proposed 
exemption involves features located entirely within the restricted area 
as

[[Page 3539]]

defined in 10 CFR Part 20. It does not affect non-radiological plant 
effluents and has no other environmental impact. Therefore, the 
Commission concludes that there is no significant non-radiological 
environmental impact associated with the proposed exemption.

Alternatives to the Proposed Action

    Since the Commission has concluded that there is no measurable 
environmental associated with the proposed action, any alternatives 
with equal or greater environmental impacts need not be evaluated. As 
an alternative to the proposed action, the staff considered denial of 
the proposed action. Denial of the application would result in no 
change in current environmental impacts. The environmental impacts of 
the proposed action and the alternative action are similar.

Alternative Use of Resources

    This action does not involve the use of resources not previously 
considered in the Final Environmental Statement Related to the 
Operation of Indian Point Nuclear Generating Plant Unit No. 3, dated 
February 1975.

Agencies and Persons Consulted

    In accordance with its stated policy, on December 12, 1996, the 
staff consulted with the New York State official, Heidi Voelk, of the 
New York State Energy Research and Development Authority regarding the 
environmental impact of the proposed action. The state official had no 
comments.

Finding of no Significant Impact

    Based upon the environmental assessment, the Commission concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the Commission has 
determined not to prepare an environmental impact statement for the 
proposed action.
    For further details with respect to the proposed action, see the 
licensee's letter dated October 1, 1996, as supplemented by letter 
dated December 5, 1996, which are available for public inspection at 
the Commission's Public Document Room, The Gelman Building, 2120 L 
Street, NW., Washington, DC, and at the local public document room 
located at the White Plains Public Library, 100 Martine Avenue, White 
Plains, New York 10601.

    Dated at Rockville, Maryland, this 16th day of January 1997.

    For the Nuclear Regulatory Commission.
S. Singh Bajwa,
Acting Director, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-1610 Filed 1-22-97; 8:45 am]
BILLING CODE 7590-01-P