[Federal Register Volume 71, Number 177 (Wednesday, September 13, 2006)]
[Notices]
[Pages 54100-54101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15133]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333]


Entergy Nuclear Operations Inc.; James A. Fitzpatrick Nuclear 
Power Plant; Environmental Assessment and Finding of No Significant 
Impact

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from the requirements of part 50 of Title 10 
of the Code of Federal Regulations (10 CFR), Appendix R, ``Fire 
Protection Program for Nuclear Power Facilities Operating Prior to 
January 1, 1979,'' issued to Entergy Nuclear Operations, Inc. (the 
licensee), for the operation of the James A. FitzPatrick Nuclear Power 
Plant (JAF) located in Oswego County, NY.

[[Page 54101]]

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 usage of the Hemyc fire barrier wrap installed in the West 
Cable Tunnel to protect a safe shutdown power cable. The licensee 
stated that recent tests indicate the Hemyc fire barrier lacks 
sufficient evidence to demonstrate that it meets the acceptance 
criteria for a rated 1 hour fire barrier. But the licensee states that 
the Hemyc fire barrier will provide a reasonable level of resistance to 
fire due to the fact that the area where the fire barrier wrap is 
located has no significant ignition sources other than cables, has 
available manual suppression capability, is equipped with automatic 
fire suppression and fire detection, and administrative controls limit 
the presence of transient combustible materials and transient ignition 
sources.
    The proposed action is in accordance with the licensee's 
application dated July 27, 2005, as supplemented on May 17, 2006.
    The Need for the Proposed Action: The proposed exemption from 10 
CFR part 50, Appendix R, III.G.2.c, is needed in response to NRC 
Information Notice 2005-07. The information notice provided licensees 
the details of Hemyc electrical raceway fire barrier system (ERFBS) 
full-scale fire tests conducted by the NRC's Office of Nuclear 
Regulatory Research. The test results concluded that the Hemyc ERFBS 
does not provide the level of protection expected for a 1 hour rated 
fire barrier, as originally designed.
    Environmental Impacts of the Proposed Action: The NRC has completed 
its safety evaluation of the proposed action and concludes that the 
configuration of the fire zone under review provides reasonable 
assurance that a severe fire is not plausible and the existing fire 
protection features are adequate. 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. Based 
on the presence of area-wide smoke detection; the presence of automatic 
area and in-tray fire suppression and manual fire suppression; fire 
barrier protection at the boundaries of the fire zone; the existing 
Hemyc configuration in the fire zone; implementation of transient 
combustibles controls including proposed revisions for hot work in the 
vicinity of the Hemyc configuration; and the absence of significant 
combustible loading and ignition sources, the NRC staff finds that the 
use of this Hemyc fire barrier in this zone will not significantly 
increase the consequences from a fire in this fire zone.
    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 the James A. FitzPatrick Nuclear 
Power Plant, dated March 1973.
    Agencies and Persons Consulted: In accordance with its stated 
policy, on August 9, 2006, the NRC staff consulted with the New York 
State official, John Spath, 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

    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 July 27, 2005, Agencywide Documents Access and 
Management System (ADAMS) accession number ML052210382, as supplemented 
on May 17, 2006, ADAMS accession number ML061530108. 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 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 7th day of September 2006.

    For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-15133 Filed 9-12-06; 8:45 am]
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