[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Pages 76795-76796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28066]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219]


Amergen Energy Company, LLC; Oyster Creek Nuclear Generating 
Station Environmental Assessment and Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from certain requirements of Title 10 of the 
Code of Federal Regulations (10 CFR), Subsection 2.109(b), for Facility 
Operating License No. DPR-16, which authorizes operation of the Oyster 
Creek Nuclear Generating Station (OCNGS), a boiling-water reactor 
facility, located in Ocean County, New Jersey. Therefore, as required 
by 10 CFR 51.21, the NRC is issuing this environmental assessment and 
finding of no significant impact.

Environmental Assessment

Identification of the Proposed Action

    Subsection 109(b) of 10 CFR part 2 states, ``If the licensee of a 
nuclear power plant licensed under 10 CFR 50.21(b) or 50.22 files a 
sufficient application for renewal of an operating license at least 5 
years prior to the expiration of the existing license, the existing 
license will not be deemed to have expired until the application has 
been finally determined.'' This requirement for license renewal 
applications was established in December 1991 in conjunction with the 
publication of the final license renewal rule, 10 CFR part 54, 
``Requirements for Renewal of Operating Licenses for Nuclear Power 
Plants'' (56 FR 64943).
    AmerGen's application requested an exemption from the timing 
requirements of 10 CFR 2.109(b), for submittal of the OCNGS license 
renewal application. The exemption would allow the submittal of the 
renewal application with less than 5 years remaining prior to 
expiration of the operating license while maintaining the protection of 
the timely renewal provision in 10 CFR 2.109(b).
    The proposed action is in accordance with the licensee's 
application for exemption dated August 10, 2004.

The Need for the Proposed Action

    AmerGen stated that the OCGNS license renewal application would be 
submitted in July 2005 and that application of the 5-year term in 10 
CFR 2.109(b) for filing a license renewal application is not necessary 
in this situation to achieve the purpose of the regulation. The July 
2005 filing date, which is approximately 44 months before expiration of 
the existing license in April 2009, according to AmerGen will provide 
the NRC staff with ample time in which to perform a full and adequate 
review.
    The licensee proposed an exemption from the requirements of 10 CFR 
2.109(b), to allow submittal of the license renewal application with 
less than 5 years remaining prior to expiration of the operating 
license, while maintaining the protection of the timely renewal 
provision in 10 CFR 2.109(b).

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the proposed action and 
concludes that the pursuant to 10 CFR 50.12(a), the proposed exemption 
is authorized by law, will not endanger life or property or common 
defense and security, and is, otherwise, in the public interest. In 
addition, special circumstances exist to justify the proposed 
exemption. The details of the staff's evaluation will be provided in 
the exemption that will be issued as part of the letter to the licensee 
approving the exemption to the regulation.
    The proposed action will not significantly increase the probability 
or consequences of accidents. No changes are being made in the types of 
effluents that may be released offsite. There is no significant 
increase in the amount of any effluent release offsite. There is no 
significant increase in occupational or public radiation exposure. 
Therefore, there are no significant radiological environmental impacts 
associated with the proposed action.
    With regard to potential non-radiological impacts, the proposed 
action does not have a potential to affect any historic sites. It does 
not affect non-radiological plant effluents and has no other 
environmental impact. Therefore, there are no significant non-
radiological environmental impacts associated with the proposed action.
    Accordingly, the NRC staff concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed action (i.e., the ``no-

[[Page 76796]]

action'' alternative). 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

    The action does not involve the use of any different resources than 
those previously considered in the Final Environmental Statement for 
OCNGS, dated December 1974, published by the Atomic Energy Commission.

Agencies and Persons Consulted

    In accordance with its policy, on December 16, 2004, the NRC staff 
consulted with the New Jersey State official, Mr. Richard Pinney, of 
the New Jersey Department of Environmental Protection, Bureau of 
Nuclear Engineering, regarding the environmental impact of the proposed 
action. During the consultation, the NRC staff acknowledged a September 
23, 2004, letter from Mr. Bradley Campbell, Commissioner of the State 
of New Jersey Department of Environmental Protection, which opposed the 
exemption. The NRC staff responded by letter dated November 2, 2004. No 
environmental concerns were raised by the September 23, 2004 letter. 
During the consultation, the State official had no additional comments 
regarding the environmental aspects of the exemption.

Finding of No Significant Impact

    On the basis of the environmental assessment, 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 
not to prepare an environmental impact statement for the proposed 
action. However, a site specific supplement to the ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants 
(NUREG-1437)'' will be required for the license renewal application 
submitted under this exemption.
    For further details with respect to the proposed action, see the 
licensee's letter dated August 10, 2004. Documents may be examined, 
and/or copied for a fee, at the NRC's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the Agencywide Documents 
Access and Management System (ADAMS) Public Electronic Reading Room on 
the Internet at the NRC Web site, http://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 PDR Reference staff by telephone at 1-800-397-4209 or (301) 415-
4737, or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 16th day of December 2004.

    For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Section 1, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-28066 Filed 12-21-04; 8:45 am]
BILLING CODE 7590-01-P