[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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