[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Pages 14639-14640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6726]



[Docket Nos. 50-003, 50-247, and 50-286; NRC-2010-0137]

Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating 
Unit Nos. 1, 2, and 3; 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, 
License Nos. DPR-5, DPR-26, and DPR-64, issued to Entergy Nuclear 
Operations, Inc. (the licensee), for operation of Indian Point Nuclear 
Generating Unit Nos. 1, 2, and 3 (IP1, IP2, and IP3), located in 
Westchester County, NY. In accordance with 10 CFR 51.21, 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 Action

    The proposed action would exempt IP1, IP2, and IP3 from the 
required implementation date of March 31, 2010, for several new 
requirements of 10 CFR part 73. Specifically, IP1, IP2, and IP3 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. 
The licensee has proposed an alternate full compliance implementation 
date of February 17, 2011, approximately 11 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 IP1, 
IP2, and IP3 site.
    The proposed action is in accordance with the licensee's 
application dated January 28, 2010, as supplemented by letter dated 
March 8, 2010.

The Need for the Proposed Action

    The proposed action is needed to provide the licensee with 
additional time for design, procurement, and installation activities 
and in consideration of impediments to construction such as winter 
weather conditions and equipment delivery schedules.

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 13926). 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 (see Part 73, Power Reactor Security Requirements, 
74 FR 13926 (March 27, 2009)).
    IP1, IP2, and IP3's current security program and the new 
requirements that will be implemented by March 31, 2010, will provide 
continued assurance of public health and safety and common defense and 
security in lieu of the full compliance with all the requirements 
specified in 10 CFR part 73. Therefore, the extension of the 
implementation date of some of the new requirements of 10 CFR part 73 
to February 17, 2011, would not have any significant environmental 
    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.

[[Page 14640]]

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 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 (1) The ``Indian Point Unit No. 1, Environmental 
Report and Benefit Cost Analysis,'' June 1973; (2) The ``Final 
Environmental Statement Related to Operation of Indian Point Generating 
Plant Unit No. 2,'' dated September 1972, and (3) the ``Final 
Environmental Statement Related to Operation of Indian Point Generating 
Plant Unit No. 3,'' dated February 1975.

Agencies and Persons Consulted

    In accordance with its stated policy, on March 4, 2010, the NRC 
staff consulted with the New York State official, Alyse Peterson, of 
the New York State Energy Research and Development Authority, 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 28, 2010. Portions of the submittal 
dated January 28, 2010, contain security-related information and, 
accordingly, are withheld from public disclosure in accordance with 10 
CFR 2.390(d)(1). The licensee's supplemental letter dated March 8, 
2010, is withheld in its entirety as security-related information in 
accordance with 10 CFR 2.390(d)(1). A publicly available version of the 
letter dated January 28, 2010, is accessible electronically from the 
Agencywide Documents Access and Management System (ADAMS) with 
Accession No. ML100340142. The publicly available version of the 
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 19th day of March 2010.

    For the Nuclear Regulatory Commission.
John P. Boska,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-6726 Filed 3-25-10; 8:45 am]