[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Pages 14637-14638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6760]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-333; NRC-2010-0136]
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, 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-59, 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. In accordance with 10 CFR
51.21, the NRC prepared an environmental assessment. Based on the
results of the environmental assessment, the NRC is issuing a finding
of no significant impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action would exempt JAFNPP from the required
implementation date of March 31, 2010, for several new requirements of
10 CFR part 73. Specifically, JAFNPP 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. JAFNPP has proposed an
alternate full compliance implementation date of December 31, 2010,
approximately 9 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 JAFNPP site.
The proposed action is in accordance with the licensee's
application dated January 21, 2010, as supplemented by letters dated
February 25 and March 2, 2010.
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 JAFNPP security
system due to design, resource and logistical impacts from adverse
winter weather and from material delivery dates.
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 part 73, Power Reactor Security Requirements, 74 FR
13926, (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 actions (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 the ``Final Environmental Statement related to
operation of James A. FitzPatrick Nuclear Power Plant Power Authority
of the State of New York, Docket No. 50-333,'' dated March 1973, as
supplemented through the ``Generic Environmental Impact Statement for
License Renewal of Nuclear Plants: Supplement 31 Regarding James A.
FitzPatrick Nuclear Power Plant, Final Report'' (NUREG--1437,
Supplement 31), January 2008.
Agencies and Persons Consulted
In accordance with its stated policy, on February 19, 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
action.
For further details with respect to the proposed action, see the
licensee's letter dated January 21, 2010, as supplemented by letters
dated February 25 and March 2, 2010. Portions of the submittal dated
January 21, 2010, as supplemented by letter dated February 25, 2010,
contain sensitive security related information and, accordingly, are
withheld from public disclosure in accordance with 10 CFR 2.390. The
letter dated March 2, 2010, is the redacted version of the letter dated
February 25, 2010. Publicly available
[[Page 14638]]
versions of the licensee's letter dated January 21, 2010, and the
letter dated March 2, 2010, are accessible electronically from the
Agencywide Documents Access and Management System (ADAMS) with
Accession Nos. ML100270022 and ML100680660, 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, Room O-1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland 20852. Publicly available records will be
accessible electronically from the Agencywide Document 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 19th 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. 2010-6760 Filed 3-25-10; 8:45 am]
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