[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5631-5632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2288]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-482; NRC-2010-0032]


Wolf Creek Nuclear Operating Corporation, Wolf Creek Generating 
Station; Environmental Assessment and Finding of No Significant Impact

    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) Sec.  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-42, issued to Wolf Creek Nuclear Operating 
Corporation (WCNOC, the licensee), for operation of the Wolf Creek 
Generating Station (WCGS), located in Coffey County, Kansas. In 
accordance with 10 CFR 51.21, 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 WCGS from the required 
implementation date of March 31, 2010, for several new requirements of 
10 CFR Part 73. Specifically, WCGS would be granted an exemption from 
being in full compliance with certain new requirements contained in 10 
CFR 73.55 by the March 31, 2010, deadline. WCNOC has proposed an 
alternate full compliance implementation date of December 31, 2010, 
approximately 9 months 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 Part 73, does not involve any 
physical changes to the reactor, fuel, plant structures, support 
structures, water, or land at the WCGS site.
    The proposed action is in accordance with the licensee's 
application dated December 15, 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 WCGS security 
system due to long lead time for procuring the materials, unfavorable 
weather months affecting construction, and resource limitations due to 
concurrent project activity.

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 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-Steven's 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, 13967 (March 27, 2009)].
    Therefore, the extension of the implementation date of the new 
requirements of 10 CFR Part 73 to December 31, 2010, would not have any 
significant environmental impacts.
    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.

[[Page 5632]]

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 exemption request would result in no change in current 
environmental impacts. If the proposed action was denied, the licensee 
would have to comply with the March 31, 2010, implementation deadline. 
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 the WCGS, 
NUREG-0878, dated June 1982, as supplemented through the ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Wolf Creek Generating Station--Final Report (NUREG-1437, Supplement 
32),'' dated May 2008.

Agencies and Persons Consulted

    In accordance with its stated policy, on January 12, 2010, the NRC 
staff consulted with the Kansas State official, Mr. Tom Conley of the 
Kansas Department of Health and Environment, 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 December 15, 2009. Portions of the December 15, 
2009, submittal contain security-related and safeguards information 
and, accordingly, is being withheld from the public. The redacted 
version of the December 15, 2009, letter was submitted by the licensee 
on January 12, 2010, and 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 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 27th day of January 2010.

    For the Nuclear Regulatory Commission.
Balwant K. Singal,
Senior Project Manager, Plant Licensing Branch IV, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-2288 Filed 2-2-10; 8:45 am]
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