[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Pages 11205-11206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5091]



[ Docket No. 50-293; NRC-2010-0094]

Entergy Nuclear Operations, Inc; Pilgrim Nuclear Power 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) 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 No. DPR-35, issued to Entergy Nuclear Operations, Inc. (Entergy 
or the licensee), for operation of Pilgrim Nuclear Power Station 
(Pilgrim), located in Plymouth County, MA. In accordance with 10 CFR 
51.21, the NRC prepared an environmental assessment documenting its 
finding. The NRC concluded that the proposed action will have no 
significant impact.

Environmental Assessment

Identification of the Proposed Action

    The proposed action would exempt Pilgrim from the required 
implementation date of March 31, 2010, for several new requirements of 
10 CFR part 73. Specifically, Pilgrim 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. Entergy has proposed 
an alternate full compliance implementation date of September 15, 2010, 
approximately 6\1/2\ 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, 
water, or land at the Pilgrim site.
    The proposed action is in accordance with the licensee=s 
application dated January 22, 2010 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML100260716), as supplemented 
on February 2, 2010 (ADAMS Accession No. ML100351182).

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 Pilgrim 
security system due to resource and logistical impacts. The request for 
an exemption from the March 31, 2010, implementation date to September 
15, 2010, is based on the delivery dates for the new equipment and the 
time needed to install this new equipment to meet the revised 

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)].
    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 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. 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 action and the ``no action'' 
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 for 
Pilgrim, dated January 1972, and the ``Generic Environmental Impact 
Statement for License Renewal of Nuclear Plants: Regarding Pilgrim 
Nuclear Power Station,'' NUREG-1437, Supplement 29, published in July 
2007 (ADAMS Accession No. ML071990027).

Agencies and Persons Consulted

    In accordance with its stated policy, on February 5, 2010, the NRC 
staff consulted with the Massachusetts State official of the 
Massachusetts Emergency Management Agency 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 January 22, 2010, as supplemented by letter 
dated February 2, 2010. Portions of the submittal dated January 22, 
2010, as supplemented by letter dated February 2, 2010, contain 
security-related information and, accordingly, are not available to the 
public. Publicly-available versions of

[[Page 11206]]

this document are accessible electronically from the ADAMS with 
Accession Nos. ML100260716 and ML100351182, 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 3rd day of March 2010.

    For the Nuclear Regulatory Commission.
James Kim,
Project Manager, Plant Licensing Branch I-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-5091 Filed 3-9-10; 8:45 am]