[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Pages 3942-3943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1299]



[Docket No. 50-400; NRC-2010-0020]

Carolina Power & Light Company Shearon Harris Nuclear Power 
Plant, Unit 1 Environmental Assessment and Finding of No Significant 

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption, pursuant to Title 10 of the Code of Federal 
Regulations (10 CFR) Section 73.5, ``Specific Exemptions,'' from the 
implementation date for certain new requirements of 10 CFR Part 73, 
``Physical Protection of Plants and Materials,'' for Renewed Facility 
Operating License No. NPF-63, issued to Carolina Power & Light Company 
(the licensee), now doing business as Progress Energy Carolinas, Inc. 
(PEC), for operation of the Shearon Harris Nuclear Power Plant, Unit 1 
(HNP), located in New Hill, North Carolina.
    In accordance with 10 CFR 51.21, ``Criteria for and identification 
of licensing and regulatory actions requiring environmental 
assessments,'' the NRC prepared an environmental assessment documenting 
its finding. The NRC concluded that the proposed actions will have no 
significant environmental impact.

Environmental Assessment

Identification of the Proposed Action

    The proposed action would exempt HNP from the required 
implementation date of March 31, 2010, for several new requirements of 
10 CFR Part 73. Specifically, HNP would be granted an exemption from 
being in full compliance with certain new requirements contained in 10 
CFR 73.55, ``Requirements for physical protection of licensed 
activities in nuclear power reactors against radiological sabotage,'' 
by the March 31, 2010, deadline. PEC has proposed an alternate full 
compliance implementation date of July 30, 2010, for one requirement, 
and December 15, 2010, for two other requirements, which is 
approximately four months and eight and a half months, respectively, 
beyond the date required by 10 CFR Part 73. The proposed action, an 
extension of the schedule for completion of certain actions required by 
the revised 10 CFR

[[Page 3943]]

Part 73, does not involve any physical changes to the reactor, fuel, 
plant structures, support structures, water, or land at the HNP site.
    The proposed action is in accordance with the licensee's 
application dated November 30, 2009, as supplemented by letter dated 
December 16, 2009.

The Need for the Proposed Action

    The proposed action is needed to provide the licensee with 
additional time to perform the required upgrades to the HNP security 
system due to the need to design, resource, construct, and test three 
significant physical modifications to the current site security 
configuration, as well as other factors.

Environmental Impacts of the Proposed Action

    The NRC has completed its environmental assessment of the proposed 
exemption. The staff has concluded that the proposed action to extend 
the implementation deadline would not significantly affect plant safety 
and would not have a significant adverse effect on the probability of 
an accident occurring.
    The proposed action would not result in an increased radiological 
hazard beyond those previously analyzed in the environmental assessment 
and finding of no significant impact made by the Commission in 
promulgating its revisions to 10 CFR Part 73 as discussed in a Federal 
Register (FR) notice dated March 27, 2009 (74 FR 13967). There will be 
no change to radioactive effluents that affect radiation exposures to 
plant workers and members of the public. Therefore, no changes or 
different types of radiological impacts are expected as a result of the 
proposed exemption.
    The proposed action does not result in changes to land use or water 
use, or result in changes to the quality or quantity of non-
radiological effluents. No changes to the National Pollution Discharge 
Elimination System permit are needed. No effects on the aquatic or 
terrestrial habitat in the vicinity of the plant, or to threatened, 
endangered, or protected species under the Endangered Species Act, or 
impacts to essential fish habitat covered by the Magnuson-Stevens Act 
are expected. There are no impacts to the air or ambient air quality.
    There are no impacts to historical and cultural resources. There 
would be no impact to socioeconomic resources. Therefore, no changes to 
or different types of non-radiological environmental impacts are 
expected as a result of the proposed exemption.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action. In addition, 
in promulgating its revisions to 10 CFR Part 73, the Commission 
prepared an environmental assessment and published a finding of no 
significant impact (Part 73, Power Reactor Security Requirements, 74 FR 
13926 through 13967, dated March 27, 2009).
    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, if granted.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed actions, the NRC staff considered 
denial of the proposed actions (i.e., the ``no-action'' alternative). 
If the proposed action was denied, the licensee would have to comply 
with the March 31, 2010, implementation deadline. Denial of the 
exemption request would result in no change in current environmental 
impacts. Therefore, the environmental impacts of the proposed exemption 
and the ``no action'' alternative are similar.

Alternative Use of Resources

    The action does not involve the use of any different resources than 
those considered in the Final Environmental Statement for HNP, NUREG-
0972, dated October 31, 1983, as supplemented through the ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding Shearon Harris Nuclear Power Plant, Unit 1--Final Report 
(NUREG-1437, Supplement 33).''

Agencies and Persons Consulted

    In accordance with its stated policy, on December 18, 2009, the NRC 
staff consulted with the North Carolina State official, Ms. Beverly 
Hall of the Division of Radiation Protection, with the North Carolina 
Department of Environment and Natural Resources, regarding the 
environmental impact of the proposed action. The State official had no 

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 
    For further details with respect to the proposed action, see the 
licensee's letter dated November 30, 2009, as supplemented by letter 
dated December 16, 2009. Attachment 1 to the licensee's November 30, 
2009 letter, as well as the December 16, 2009 letter in its entirety 
contain security-related information and, accordingly, are not 
available to the public. Other parts of these 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 O-1F21, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly 
available records will be accessible electronically from the Agencywide 
Document 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 January 2010.

    For the Nuclear Regulatory Commission.
Marlayna Vaaler,
Project Manager, Plant Licensing Branch 2-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-1299 Filed 1-22-10; 8:45 am]