[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Notices]
[Pages 11575-11576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5248]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333; NRC-2010-0095]


James A. Fitzpatrick Nuclear Power Plant Environmental Assessment 
and Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from the requirements of Part 50 of Title 10 
of the Code of Federal Regulations (10 CFR), Appendix R, ``Fire 
Protection Program for Nuclear Power Facilities Operating Prior to 
January 1, 1979,'' issued to Entergy Nuclear Operations, Inc. (the 
licensee), for the operation of the James A. FitzPatrick Nuclear Power 
Plant (JAFNPP) located in Oswego County, NY. Therefore, as required by 
10 CFR 51.21, the NRC is issuing this environmental assessment and 
finding of no significant impact.

Environmental Assessment

Identification of Proposed Action

    Regulatory Issue Summary (RIS) 2006-10 documents the NRC position 
on the use of operator manual actions as part of a compliance strategy 
to meet the requirements of 10 CFR Part 50, Appendix R, Section 
III.G.2. The NRC requires plants which credit manual actions for 10 CFR 
Part 50, Appendix R, Section III.G.2 compliance to obtain NRC approval 
for the manual action using the exemption process in accordance with 
the requirements of 10 CFR 50.12. In response to RIS 2006-10, the 
licensee requested this licensing action which would exempt the JAFNPP 
from the requirements of 10 CFR Part 50, Appendix R, Section III.G.2. 
The proposed exemption would allow operator manual action, in a safe 
area of the reactor building, that will prevent the failure of the 
systems in Fire Area 10 from affecting the ability to achieve and 
maintain hot shutdown conditions of the reactor as required by Title 10 
of the Code of Federal Regulations Part 50, Appendix R, Section 
III.G.2.
    The proposed action is in accordance with the licensee's 
application dated February 18, 2009, as supplemented by letters dated 
March 30, November 17, December 11, 2009, and January 19, 2010. 
Portions of letters dated February 18 and March 30, 2009, contain 
security related sensitive information, and are withheld from public 
disclosure in accordance with 10 CFR 2.390. Publicly available versions 
of the letters dated February 18, and March 30, 2009, are accessible 
electronically from the Agencywide Documents Access and Management 
System (ADAMS) with Accession Nos. ML090860980 and ML091320387, 
respectively. Also, the letters dated November 17, December 11, 2009, 
and January 19, 2010, are accessible electronically from ADAMS with 
Accession Nos. ML093270075, ML093520408, and ML100210195, respectively.

The Need for the Proposed Action

    The proposed action is needed to allow the licensee an alternate 
method, not authorized in 10 CFR Part 50, to achieve and maintain hot 
shutdown conditions in the event of a fire that could disable 
electrical cables and equipment in Fire Area 10.
    The criteria for granting specific exemptions from 10 CFR Part 50 
Regulations are specified in 10 CFR 50.12. In accordance with 10 CFR 
50.12(a)(1), the NRC is authorized to grant an exemption upon 
determining that the exemption is authorized by law, will not present 
an undue risk to the public health and safety, and is consistent with 
the common defense and security.

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the environmental impact of 
the proposed action. The staff has concluded that such actions would 
not adversely affect the environment. The proposed action would not 
result in an increased radiological hazard. There will be no change to 
the radioactive effluent releases that effect radiation exposures to 
plant workers and members of the public. The proposed action will be 
performed inside the reactor building. No changes will be made to plant 
structures or the site property. 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 or 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 historical and cultural 
resources. There would be no impact to socioeconomic resources. 
Therefore, no changes 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.
    The details of the staff's safety evaluation will be provided in 
the license 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 action, the NRC staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the

[[Page 11576]]

application would result in no change in current environmental impacts. 
The environmental impacts of the proposed action and the 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 
the James A. FitzPatrick Nuclear Power Plant, Docket No. 50-333, dated 
March 1973 and ``Generic Environmental Impact Statement for License 
Renewal of Nuclear Plants Regarding James A. FitzPatrick Nuclear Power 
Plant (NUREG-1437, Supplement 31) Final Report.''

Agencies and Persons Consulted

    In accordance with its stated policy and the requirements of 10 CFR 
51.30(a)(2), on May 4, 2009, the NRC staff consulted with the New York 
State official, at the New York State Energy Research and Development 
Authority, regarding the environmental impact of the proposed action. 
The New York State official provided comments by e-mail dated June 12, 
2009 (ADAMS Accession No. ML091690397).
    One comment is related to Federal Regulations governing the 
exemption process. Regulations under 10 CFR 50.12, ``Specific 
exemptions,'' do not include comment period and opportunity for a 
hearing. The public can pursue other avenues, such as petition for 
changes to the regulatory framework to allow hearings via the 
rulemaking process (10 CFR 2.802), or a petition for enforcement action 
(10 CFR 2.206) where stakeholders assert that license holders are not 
meeting regulatory requirements.
    The other comments from the New York State addressed the security 
issues, the feasibility of the proposed manual action during a fire, 
and the cumulative effects of this change in conjunction with previous 
fire protection changes. Based on its review the NRC staff has 
determined that the comments do not pertain to the environmental 
impacts associated with the proposed exemption request and therefore, 
do not alter the staff's finding that there are no significant 
environmental impacts associated with the proposed exemption request. 
However, the comments related to the safety aspect of the exemption 
request will be appropriately considered in the NRC staff's safety 
evaluation.

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 February 18, 2009, as supplemented by letters 
dated March 30, November 17, December 11, 2009, and January 19, 2010. 
Portions of letters dated February 18 and March 30, 2009, contain 
security related sensitive information, and are withheld from public 
disclosure in accordance with 10 CFR 2.390. Publicly available versions 
of the letters dated February 18, and March 30, 2009, are accessible 
electronically from the Agencywide Documents Access and Management 
System (ADAMS) with Accession Nos. ML090860980 and ML091320387, 
respectively. Also, the letters dated November 17, December 11, 2009, 
and January 19, 2010, are accessible electronically from ADAMS with 
Accession Nos. ML093270075, ML093520408, and ML100210195, respectively. 
Publicly available versions of the 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 4th day of March 2010.

    For The Nuclear Regulatory Commission.
Bhalchandra K. Vaidya,
Project Manager, Plant Licensing Branch I-1, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-5248 Filed 3-10-10; 8:45 am]
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