[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Notices]
[Pages 55035-55036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15589]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-275 And 50-323]


Pacific Gas and Electric Company; Diablo Canyon Power Plant, 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 amendment to Title 10 of the Code of Federal Regulations 
(10 CFR), Section 50.90 for Facility Operating Licenses, Nos. DPR-80 
and DPR-82, issued to Pacific Gas and Electric Company (PG&E, the 
licensee) for operation of the Diablo Canyon Power Plant, Unit Nos. 1 
and 2 (DCPP or facility), located in San Luis Obispo County, 
California. 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 delete the antitrust license conditions 
from the licenses.
    The proposed action is in accordance with the licensee's 
application dated January 19, 2006, as supplemented by letter dated 
June 20, 2006.

The Need for the Proposed Action

    Circumstances have changed significantly from those that existed 
when the antitrust license conditions were first imposed 28 years ago. 
In particular, there have been recent developments in the law at both 
the Federal and State levels to ensure competition in the industry in 
California and elsewhere. Moreover, agreements binding PG&E related to 
the Stanislaus Commitments will continue to be in effect whether or not 
the antitrust conditions actually remain a part of the DCPP licenses, 
and competitors have voiced no opposition to the removal of the 
conditions. Finally, under the limited statutory authority granted to 
the NRC under Section 105 of the Atomic Energy Act of 1954, it appears 
that the NRC lacks the authority now to continue to impose the 
antitrust conditions against PG&E through the DCPP licenses. 
Accordingly, in consideration of all of the foregoing, the licensee has 
requested to remove the antitrust conditions from the licenses as the 
conditions are no longer necessary to serve the original intended 
purpose.

Environmental Impacts of the Proposed Action

    The NRC has completed its safety evaluation of the proposed action 
and concludes that the proposed license amendment involves 
administrative actions which have no effect on plant equipment or 
operation.
    The details of the staff's safety evaluation will be provided in 
the license amendment that will be issued as part of the letter to the 
licensee approving the license amendment.
    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,

[[Page 55036]]

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 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 
DCPP, dated May 1973, and Addendum to Final Supplemental Environmental 
Impact Statement for DCPP dated May 1976.

Agencies and Persons Consulted

    In accordance with its stated policy, on July 27, 2006, the staff 
consulted with the California State official, Steve Hsu of the 
Radiologic Health Branch, Department of Health Services, 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 January 19, 2006, as supplemented by letter 
dated June 20, 2006. 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 14th day of September 2006.

    For the Nuclear Regulatory Commission.
Alan Wang,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-15589 Filed 9-19-06; 8:45 am]
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