[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Notices]
[Pages 68315-68316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32945]


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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 exemption from certain requirements of its 
regulations for Facility Operating License No. DPR-64, issued to the 
Power Authority of the State of New York (the licensee), for operation 
of the Indian Point Nuclear Generating Unit No. 3, located in 
Westchester County, New York.

Environmental Assessment

Identification of Proposed Action

    The proposed action would exempt the licensee from the requirements 
of 10 CFR 70.24, which requires a monitoring system that will energize 
clear audible alarms if accidental criticality occurs in each area in 
which special nuclear material is handled, used, or stored. The 
proposed action would also exempt the licensee from the requirements to 
maintain emergency procedures for each area in which this licensed 
special nuclear material is handled, used, or stored to ensure that all 
personnel withdraw to an area of safety upon the sounding of the alarm, 
to familiarize personnel with the evacuation plan, and to designate 
responsible individuals for determining the cause of the alarm, and to 
place radiation survey instruments in accessible locations for use in 
such an emergency.
    The proposed action is in accordance with the licensee's 
application for exemption dated September 24, 1998.

The Need for the Proposed Action

    The purpose of 10 CFR 70.24 is to ensure that if a criticality were 
to occur during the handling of special nuclear material, personnel 
would be alerted to that fact and would take appropriate action. At a 
commercial nuclear power plant the inadvertent criticality with which 
10 CFR 70.24 is concerned could occur during fuel handling operations. 
The special nuclear material that could be assembled into a critical 
mass at a commercial nuclear power plant is in the form of nuclear 
fuel; the quantity of other forms of special nuclear material that is 
stored on site is small enough to preclude achieving a critical mass. 
Because the fuel is not enriched beyond 5.0 weight percent Uranium-235 
and because commercial nuclear plant licensees have procedures and 
design features that prevent inadvertent criticality, the staff has 
determined that it is unlikely that an inadvertent criticality could 
occur due to the handling of special nuclear material at a commercial 
power reactor. The requirements of 10 CFR 70.24, therefore, are not 
necessary to ensure the safety of personnel during the handling of 
special nuclear materials at commercial power reactors.

Environmental Impacts of the Proposed Action

    The Commission has completed its evaluation of the proposed action 
and concludes that inadvertent or accidental criticality will be 
precluded through compliance with the Indian Point Unit No. 3 Technical 
Specifications, through the design of the fuel storage racks, and 
through administrative controls imposed on fuel handling procedures.
    The proposed action will not increase the probability or 
consequences of accidents, no changes are being made in the types of 
any effluents that may be released off site, and there is no 
significant increase in occupational or public radiation exposure. 
Therefore, there are no significant radiological environmental impacts 
associated with the proposed exemption.
    With regard to potential non-radiological impacts, the proposed 
action does not involve any historic sites. It does not affect 
nonradiological plant effluents and has no other nonradiological 
environmental impact. Therefore, there are no significant non-
radiological environmental impacts associated with the proposed action.
    Accordingly, the Commission concludes that there are no significant 
environmental impacts associated with the proposed action.

Alternatives to the Proposed Action

    As an alternative to the proposed exemption, the staff considered 
denial of the proposed action (i.e., the no action alternative). Denial 
of the request would result in no change in current environmental 
impacts. The environmental impacts of the proposed action and the 
alternative action are similar.

[[Page 68316]]

Alternative Use of Resources

    This action does not involve the use of any resources not 
previously considered in the Final Environmental Statement related to 
the Indian Point Unit 3, dated February 1975.

Agencies and Persons Consulted

    In accordance with its stated policy, on October 28, 1998, the 
staff consulted with the New York State Official, Jack Spath, of the 
New York State Research and Development Authority regarding the 
environmental impact of the proposed action. The State official had no 
comments.

Finding of No Significant Impact

    On the basis of 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 September 24, 1998, which is available for 
public inspection at the Commission's Public Document Room, which is 
located at The Gelman Building, 2120 L Street, NW., Washington, DC, and 
at the local public document room located at the 100 Martine Avenue, 
White Plains Public Library, White Plains, New York, 10601.

    Dated at Rockville, Maryland, this 8th day of December, 1998.

    For the Nuclear Regulatory Commission.
Alexander W. Dromerick,
Acting Director, Project Directorate I-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-32945 Filed 12-9-98; 8:45 am]
BILLING CODE 7590-01-P