[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Pages 9618-9619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4437]



[Docket Nos. 50-280 and 50-281; NRC-2010-0079]

Virginia Electric and Power Company Surry Power Station, Unit 
Nos. 1 and 2 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 10 
CFR part 73, ``Physical protection of plants and materials,'' from the 
implementation date for certain requirements of 10 CFR part 73 for 
Facility Operating License Nos. DPR-32 and DPR-37, issued to Virginia 
Electric and Power Company (the licensee), for operation of the Surry 
Power Station, Unit Nos. 1 and 2 (Surry). 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 

Environmental Assessment

Identification of the Proposed Action

    The proposed action would exempt Surry from the required 
implementation date of March 31, 2010, for several new requirements of 
10 CFR part 73. Specifically, Surry would be granted an exemption from 
being in full compliance with certain new requirements contained in 
Section 73.55, ``Requirements for physical protection of licensed 
activities in nuclear power reactors against radiological sabotage,'' 
of 10 CFR part 73 by the March 31, 2010, deadline. Instead, the 
licensee has proposed an

[[Page 9619]]

alternate full compliance implementation date of August 31, 2010, 
approximately 5 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 Surry site.
    The proposed action is in accordance with the licensee's 
application dated December 7, 2009.

The Need for the Proposed Action

    The proposed action is needed to provide the licensee with 
additional time due to the large scope of work required to meet the 
requirements of the new 10 CFR 73.55.

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 29, 2009 (74 FR 13967). There will be no 
change to radioactive effluents that effect 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 
proposed an environmental assessment and published a finding of no 
significant impact (Part 73, Power Reactor Security Requirements (74 FR 
13926), March 27, 2009).
    If this exemption is granted, 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.

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). 
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 Related to the 
Continuation of Construction and the Operation of Units 1 and 2, Surry 
Power Station,'' dated May 1972 and June 1972, respectively, as 
supplemented through the ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Plants: Supplement 6 Regarding Surry Power 
Station, Units 1 and 2--Final Report (NUREG-1437, Supplement 6),'' 
dated November 2002.

Agencies and Persons Consulted

    In accordance with its stated policy, on February 3, 2010, the NRC 
staff consulted with the Virginia State official, Mr. Leslie Foldesi, 
Division of Radiological Health of the Virginia Department of Health, 
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 
    For further details with respect to the proposed action, see the 
licensee's letter dated December 7, 2009. The attachments to the 
licensee's December 7, 2009, letter requesting this exemption, contain 
safeguards information and, accordingly, are not available to the 
public. Publicly available 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 800-397-4209 or 301-415-4737, or send 
an e-mail to [email protected].

    Dated at Rockville, Maryland, this 24th day of February 2010.

    For the Nuclear Regulatory Commission.
Karen Cotton,
Project Manager, Plant Licensing Branch II-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-4437 Filed 3-2-10; 8:45 am]