[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Pages 14638-14639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6751]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-440; NRC-2010-0124]
FirstEnergy Nuclear Operating Company; Perry Nuclear Power Plant;
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. NPF-58, issued to FirstEnergy Nuclear Operating Company
(FENOC, the licensee), for operation of the Perry Nuclear Power Plant,
Unit 1 (PNPP), located in Ottawa County, Ohio. Therefore, as required
by 10 CFR 51.21, the NRC performed an environmental assessment. Based
on the results of this environmental assessment, the NRC is issuing a
finding of no significant impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action would exempt the PNPP from the required
implementation date of March 31, 2010, for a certain new requirement of
10 CFR part 73. Specifically, PNPP 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. FENOC has proposed an
alternate full compliance date of November 25, 2010, approximately 8
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 PNPP site.
The proposed action is in accordance with the licensee's
application dated November 30, 2009 (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML093370151, not publically
available, contains security-related information), as supplemented on
December 23, 2009 (ADAMS Accession No. ML093650293, not publically
available, contains security-related information).
The Need for the Proposed Action
The proposed action is needed to provide the licensee with
additional time to perform to design the necessary modifications,
procure equipment and material, and implement upgrades to comply with a
specific aspect of 10 CFR 73.55.
Environmental Impacts of the Proposed Action
The NRC has completed its evaluation 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 details of the 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.
The proposed action would not result in an increased radiological
hazard beyond those previously analyzed in the environment 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 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
prepared an environment 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 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,
NUREG-0884 dated August 1982, for the PNPP.
[[Page 14639]]
Agencies and Persons Consulted
In accordance with its stated policy, on February 24, 2009, the
staff consulted with the Ohio State official, Ms. Carol O'Claire of the
Ohio 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
action.
For further details with respect to the proposed action, see the
licensee's letter dated November 30, 2009, as supplemented on December
23, 2009. Documents may be examined, and/or copied for a fee, at the
NRC's Public Document Room (PDR), located at One White Flint North,
Room O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible electronically from the
Agencywide Documents 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 1-800-
397-4209 or 301-415-4737, or send an e-mail to [email protected].
Dated at Rockville, Maryland, this 18th day of March 2010.
For the Nuclear Regulatory Commission.
Michael Mahoney,
Project Manager, Plant Licensing Branch III-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-6751 Filed 3-25-10; 8:45 am]
BILLING CODE 7590-01-P