[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Pages 8753-8754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3849]



[NRC-2010-0066; Docket Nos. 50-325 and 50-324]

Carolina Power & Light Company, Brunswick Steam Electric Plant, 
Units 1 and 2; Environmental Assessment and Finding of No Significant 

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions, 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 Facility Operating 
License Nos. DPR 71 and DPR-62, issued to Carolina Power & Light 
Company (CP&L, the licensee), for operation of the Brunswick Steam 
Electric Plant, Units 1 and 2 (BSEP), located in Brunswick County, 
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 Actions

    The proposed actions would exempt the BSEP, Units 1 and 2 from the 
required implementation date of March 31, 2010, for two new 
requirements of 10 CFR part 73. Specifically, BSEP would be granted 
exemptions 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. CP&L has proposed an 
alternate full compliance implementation date of December 20, 2010, 
approximately 9 months beyond the date required by 10 CFR part 73. The 
proposed actions, extensions of the schedule for completion of certain 
actions required by the revised 10 CFR part 73, do not involve any 
physical changes to the Units 1 and 2 reactors, fuel, plant structures, 
support structures, water, or land at the BSEP site.
    The proposed actions are in accordance with the licensee's 
application dated November 30, 2009 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML093370132).

The Need for the Proposed Actions

    The proposed actions are needed to provide the licensee with 
additional time to perform the required changes to the BSEP, Units 1 
and 2 security systems, which involve significant physical 
modifications, e.g., design and construction of a new security building 
to support the new physical protection program requirements, relocation 
of certain security equipment to the new building, the addition of 
uninterrupted power supply, and infrastructure upgrades. In addition, 
these modifications must be coordinated with the Unit 1 refueling 
outage in spring 2010.

Environmental Impacts of the Proposed Actions

    The NRC has completed its environmental assessment of the proposed 
exemptions. The staff has concluded that the proposed actions 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 actions 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 exemptions.
    The proposed actions do 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.

[[Page 8754]]

    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 exemptions.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed actions. 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)).
    The licensee currently maintains a security system acceptable to 
the NRC and will continue to provide acceptable physical protection of 
BSEP. Therefore, the extension of the implementation date for certain 
new requirements of 10 CFR part 73 to December 20, 2010, would not have 
any significant environmental impacts.
    The NRC staff's safety evaluation will be provided in the 
exemptions that will be issued as part of the letter to the licensee 
approving the exemptions to the regulation, if granted.

Environmental Impacts of the Alternatives to the Proposed Actions

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

Alternative Use of Resources

    The actions do not involve the use of any different resources than 
those considered in the Final Environmental Statement for the BSEP 
dated January 1976, and the Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants, NUREG-1437, Supplement 25, dated 
March 2006 (ADAMS Accession No. ML060900480).

Agencies and Persons Consulted

    In accordance with its stated policy, on January 19, 2010, the NRC 
staff consulted with the North Carolina State official, Mr. Dale 
Dusenbury of the North Carolina Department of Environment and Natural 
Resources regarding the environmental impact of the proposed actions. 
The State official had no comments.

Finding of No Significant Impact

    On the basis of the environmental assessment, the NRC concludes 
that the proposed actions 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 actions, see the 
licensee's letter dated November 30, 2009. Attachment 1 of the November 
30, 2009, submittal contains security-related information and, 
accordingly, is not available to the public. Other parts of this 
document 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 
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 18th day of February 2010.
    For the Nuclear Regulatory Commission.
Farideh E. Saba,
Senior Project Manager, Plant Licensing Branch II-2, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-3849 Filed 2-24-10; 8:45 am]