[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Pages 9437-9438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4565]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-289; NRC-2009-0097]


Exelon Generation Company, LLC Three Mile Island Nuclear Station, 
Unit 1 Environmental Assessment and Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions from Title 10 of the Code of Federal Regulations 
(10 CFR) Part 50, Appendix R, Section III.G, ``Fire Protection of Safe 
Shutdown Capability,'' for the use of operator manual actions in lieu 
of the requirements specified in Section III.G.2 as requested by Exelon 
Generation Company, LLC (the licensee, formerly AmerGen Energy Company, 
LLC), for operation of Three Mile Island Nuclear Station, Unit 1 (TMI-
1), located in Dauphin County, Pennsylvania. 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 grant exemptions to 10 CFR part 50, 
Appendix R, Section III.G.2 based on two operator manual actions 
contained in the licensee's Fire Protection Program (FPP). The 
licensee's FPP requires that the identified operator manual actions be 
performed outside of the control room to achieve shutdown following 
fires in certain fire areas. The licensee states that each of the 
manual actions were subjected to a manual action feasibility review for 
TMI-1 that determined that the manual actions are feasible and can be 
reliably performed.
    The proposed action is in accordance with the licensee's 
application dated February 4, 2008, as supplemented on January 28, 
2009, Agencywide Documents Access and Management System (ADAMS) 
accession numbers ML080350369 and ML090280577, respectively. In the 
January 28, 2009, supplement, the licensee withdrew one of the three 
originally proposed manual actions from the exemption request, since 
they have determined that action is no longer required.

The Need for the Proposed Action

    The proposed exemption from 10 CFR part 50, Appendix R, was 
submitted in response to the need for an exemption as identified by NRC 
Regulatory Information Summary (RIS) 2006-10, ``Regulatory Expectations 
with Appendix R Paragraph III.G.2 Operator Manual Actions.'' The RIS 
noted that NRC inspections identified that some licensees had relied 
upon operator manual actions, instead of the options specified in 
Paragraph 10 CFR part 50, Appendix R, III.G.2, as a permanent solution 
to resolve issues related to Thermo-Lag 330-1 fire barriers. The 
licensee indicates that the operator manual actions, referenced in the 
February 4, 2008 application, were previously included in 
correspondence with the NRC and found acceptable in a fire protection-
related Safety Evaluation (SE) dated September 7, 1988, ADAMS accession 
number 8809150224. However, RIS 2006-10 identifies that an exemption 
under 10 CFR 50.12 is necessary for use of the manual actions in lieu 
of the requirements of 10 CFR part 50, Appendix R, III.G.2, even if the 
NRC previously issued an SE that found the manual actions acceptable. 
The proposed exemption provides the formal vehicle for NRC approval for 
the use of the specified operator manual actions instead of the options 
specified in 10 CFR part 50, Appendix R, III.G.2.

Environmental Impacts of the Proposed Action

    The NRC staff evaluated the manual operator actions presented in 
the proposed exemption in an NRC SE dated September 7, 1988, (ADAMS 
accession number 8809150224) and found that they maintained a safe 
shutdown capability that satisfies the requirements of 10 CFR 50, 
Appendix R, III.G. In addition, the licensee supplemented the February 
4, 2008 request for exemption on January 28, 2009, with additional 
information to confirm that the operator manual actions addressed in 
the 1988 SE for which the exemptions are sought, are feasible and that 
the safety basis for these actions remains valid. Therefore, 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. The NRC staff, thus, concludes 
that granting the proposed exemption would result in no significant 
radiological environmental impact.
    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-

[[Page 9438]]

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 
Related to the Operation of Three Mile Island Nuclear Station, Units 1 
and 2, NUREG-0552, dated December 1972.

Agencies and Persons Consulted

    In accordance with its stated policy, on January 30, 2009, the NRC 
staff consulted with the Pennsylvania State official, Michael Murphy of 
the Pennsylvania State Department of Environmental Protection, 
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 February 4, 2008, as supplemented on January 
28, 2009, ADAMS accession numbers ML080350369 and ML090280577, 
respectively. 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 send an e-mail to 
[email protected].

    Dated at Rockville, Maryland, this 24th day of February 2009.

    For the Nuclear Regulatory Commission.
Peter Bamford,
Project Manager, Plant Licensing Branch I-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E9-4565 Filed 3-3-09; 8:45 am]
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