[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32144-32145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8580]


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 NUCLEAR REGULATORY COMMISSION

[Docket Nos. STN 50-454 and STN 50-455]


Exelon Generation Company, LLC; Byron Station, Unit Nos. 1 and 2; 
Environmental Assessment and Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from Title 10 of the Code of Federal 
Regulations (10 CFR) section 50.44, 10 CFR 50.46, and 10 CFR part 50, 
Appendix K, for Facility Operating Licenses Nos. NPF-37 and NPF-66, 
issued to Exelon Generation Company, LLC (Exelon, the licensee), for 
operation of Byron Station, Units 1 and 2, located in Ogle County, 
Illinois. 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

    The proposed action would allow the licensee to place four lead 
test assemblies containing a limited number of AXIOMTM fuel 
rods into the Byron Station, Unit 1, core during the fall 2006 
refueling outage. The four lead test assemblies will be placed in non-
limiting core locations. For subsequent cycles, two of the lead test 
assemblies will be placed into Byron Station, Unit 2, and two lead test 
assemblies will remain in Byron Station, Unit 1.
    The proposed action is in accordance with the licensee's 
application dated September 23, 2005.

The Need for the Proposed Action

    Pursuant to 10 CFR 50.12, ``Specific exemptions,'' Exelon has 
requested exemptions from 10 CFR 50.44, ``Combustible gas control for 
nuclear power reactors,'' 10 CFR 50.46, ``Acceptance criteria for 
emergency core cooling systems [EECS] for light-water nuclear power 
reactors,'' and Appendix K to 10 CFR part 50, ``ECCS Evaluation 
Models.'' The regulation at 10 CFR 50.44 specifies requirements for the 
control of hydrogen gas generated after a postulated loss-of-coolant 
accident (LOCA) for reactors fueled with zirconium-clad fuel. Section 
50.46 contains acceptance criteria for ECCS for reactors fueled with 
zircaloy or ZIRLOTM clad fuel. In addition, Appendix K to 10 
CFR part 50 requires that the Baker-Just equation be used to predict 
the rates of energy release, hydrogen concentration, and cladding 
oxidation from the metal-water reaction.
    The exemption request relates solely to the specific types of 
cladding material specified in these regulations. As written, the 
regulations presume the use of zircaloy or ZIRLOTM fuel rod 
cladding. Thus, an exemption from the requirements of 10 CFR 50.44, 10 
CFR 50.46, and Appendix K to 10 CFR part 50 is needed to irradiate lead 
test assemblies employing AXIOMTM developmental clad alloys 
at Byron Station, Units 1 and 2.
    The proposed action will use the irradiation of the lead test 
assemblies incorporating the developmental cladding to provide data on 
fuel and material performances to support future licensing activities.

Environmental Impacts of the Proposed Action

    The NRC has completed its safety evaluation of the proposed action 
and concludes that specific application of the limitations on fuel 
cladding material in 10 CFR 50.44, 10 CFR 50.46, and 10 CFR part 50 
Appendix K to the lead test assemblies is not necessary for the 
licensee to achieve their underlying purposes. In addition, the NRC 
staff has determined that, pursuant to 10 CFR 50.12(a), the exemption 
is authorized by law, will not present an undue risk to public health 
and safety, and is

[[Page 32145]]

consistent with the common defense and security.
    The details of the NRC staff's safety 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 off site. There is no significant 
increase in the amount of any effluent released off site. 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 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-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 
Byron Station, Units 1 and 2, NUREG-0848, dated April 1982.

Agencies and Persons Consulted

    In accordance with its stated policy, on April 7, 2006, the NRC 
staff consulted with the Illinois State official, Mr. Frank Niziolek of 
the Illinois Emergency Management Agency, 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 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.
    For further details with respect to the proposed action, see the 
licensee's letter dated September 23, 2005. 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 O1 F21, 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 send an e-mail to [email protected].

    Dated at Rockville, Maryland, this 25th day of May 2006.

    For the Nuclear Regulatory Commission.
Robert F. Kuntz,
Project Manager, Plant Licensing Branch III-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-8580 Filed 6-1-06; 8:45 am]
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