[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Notices]
[Pages 25050-25051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9937]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-133]


Environmental Assessment and Finding of No Significant Impact 
Related to Issuance of Exemption for the Humboldt Bay Power Plant Unit 
3, License DPR-007, Humboldt, California

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Environmental Assessment and Finding of No Significant Impact.

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FOR FURTHER INFORMATION CONTACT: John Hickman, Division of Waste 
Management and Environmental Protection, Office of Federal and State 
Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Mail Stop: T8F5, Washington, DC 20555-0001. 
Telephone: (301) 415-3017; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) staff is considering a 
request dated November 5, 2007, by the Pacific Gas and Electric Company 
(PG&E or the Licensee), to approve a request for exemption from the 
requirements set forth in 10 CFR 50.54(p) and 10 CFR Part 73. The 
requested exemptions from the security requirements for Humboldt Bay 
Power Plant (HBPP) would be effective after the spent fuel has been 
removed from the reactor site by the licensee and relocated to the new 
Independent Spent Fuel Storage Installation (ISFSI).
    This Environmental Assessment (EA) has been developed in accordance 
with the requirements of 10 CFR 51.21.

II. Environmental Assessment

Background

    HBPP was permanently shut down in July 1976, and until recently was 
in safe storage condition (SAFSTOR). SAFSTOR is defined as a method of 
decommissioning in which the nuclear facility is placed and maintained 
in safe condition for an extended period of time to permit radioactive 
material to decay to levels that facilitate subsequent decontamination 
and decommissioning of the facility. A decommissioning plan was 
approved in July 1988. Subsequent to the 1997 decommissioning rule, the 
licensee converted its decommissioning plan into its Defueled Safety 
Analysis Report which is updated every two years. A Post Shutdown 
Decommissioning Activities Report was issued by the licensee in 
February 1998. On September 2, 2005, the NRC approved the HB ISFSI 
Physical Security Plan (PSP) that PG&E submitted on July 11, 2005. On 
November 17, 2005, the NRC issued Materials License SNM-2514 for the 
HBPP ISFSI that included approval of the HBPP ISFSI PSP. In approving 
the Humboldt Bay ISFSI PSP, the NRC found that the plan meets the 
security requirements in 10 CFR Part 72 Subpart H, ``Physical 
Protection,'' meets the requirements in 10 CFR 73.51, ``Requirements 
for the Physical Protection of Stored Spent Nuclear Fuel and High-Level 
Radioactive Waste,'' and provides reasonable assurance that physical 
protection of the spent nuclear fuel stored at the ISFSI will not 
constitute an unreasonable risk to public health and safety. Currently, 
the licensee is maintaining the reactor security plan consistent with 
the requirements of 10 CFR Part 73 and 10 CFR 50.54(p). Contingent upon 
approval of the subject exemption and associated amendment, the ISFSI 
PSP will become effective upon the complete transfer of spent nuclear 
fuel from the spent fuel pool to the ISFSI.

Proposed Action

    The proposed action would eliminate the security plan requirements 
for the 10 CFR Part 50 licensed site after the

[[Page 25051]]

spent nuclear fuel has been transferred to the 10 CFR Part 72 licensed 
ISFSI.

Need for Proposed Action

    Sections 50.54(p) and Part 73 of Title 10 of the Code of Federal 
Regulations require that reactor licensees establish and maintain 
physical protection and security for activities involving nuclear fuel 
within the 10 CFR Part 50 licensed area of a facility. The proposed 
action is needed because there will no longer be any nuclear fuel in 
the 10 CFR Part 50 licensed facility to protect against radiological 
sabotage or diversion after the transfer of the spent nuclear fuel to 
the HBPP ISFSI. Subpart H of 10 CFR Part 72 establishes the physical 
protection requirements that will be applicable here, and relies on 10 
CFR 73.51 to define the requirements for physical protection of spent 
nuclear fuel stored in an ISFSI under a specific license issued 
pursuant to 10 CFR Part 72. The HBPP ISFSI has a separate NRC approved 
security plan to protect the spent nuclear fuel stored there from 
radiological sabotage and diversion. The proposed action will allow the 
licensee to conserve resources for decommissioning activities.

III. Environmental Impacts of the Proposed Action

Radiological Impacts

    The NRC has completed its evaluation of the proposed action and 
concludes that exempting the facility from certain security 
requirements will not have any adverse environmental impacts. There 
will be minor savings of energy and vehicular use associated with the 
security force no longer performing patrols, checks, and normal 
security functions.
    The proposed action will not significantly 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 action.

Non-Radiological Impacts

    With regard to potential non-radiological impacts, the proposed 
action does not involve 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.

Cumulative Impacts

    The NRC has determined that there are no adverse cumulative impacts 
associated with this proposed action.

Alternatives to the Proposed Action

    The alternative to considering the exemption request for approval 
is to deny the request, which is equivalent to 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.

Agencies and Persons Consulted

    The NRC contacted the California Radiologic Health Branch in the 
State Department of Health Services concerning this request. There were 
no comments, concerns or objections from the state official.
    NRC staff determined that the proposed action is not a major 
decommissioning activity and will not affect listed or proposed 
endangered species, nor critical habitat. Therefore, no further 
consultation is required under Section 7 of the Endangered Species Act. 
Likewise, NRC staff determined that the proposed action is not the type 
of activity that has the potential to cause previously unconsidered 
effects on historic properties, as consultation for licensing of the 
ISFSI has been conducted previously. There are no additional impacts to 
historic properties associated with the change in security 
requirements. Therefore, no consultation is required under Section 106 
of the National Historic Preservation Act.

IV. Finding of No Significant Impact

    On the basis of this EA, 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 that a finding of no 
significant impact is appropriate, and that preparation of an 
environmental impact statement is not warranted.

V. Further Information

    For further information with respect to the proposed action, see 
the licensee's letter, ``License Amendment Request 07-03, Deletion of 
Paragraph 2.C.1 of Facility Operating License No. DPR-7, Exemption from 
10 CFR 50.54(p) and 10 CFR Part 73, and Rescission of NRC Orders EA-02-
077 and EA-03-099,'' November 5, 2007. (ML073120016).
    The NRC Public Documents Room is located at NRC Headquarters in 
Rockville, Maryland, and can be contacted at (800) 397-4209. Documents 
may be examined, and/or copied for a fee, at the NRC's Public Document 
Room (PDR), located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available records will be 
accessible electronically from the Agencywide Documents Access and 
Management System's (ADAMS) Public Library component on the NRC Web 
site, http://www.nrc.gov (the Public Electronic Reading Room).
    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 at [email protected].

    Dated at Rockville, Maryland, this 25th day of April, 2008.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
 [FR Doc. E8-9937 Filed 5-5-08; 8:45 am]
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