[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Pages 21678-21679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9585]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-498 and 50-499; NRC-2010-0162]


STP Nuclear Operating Company South Texas Project, Units 1 and 2 
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 26.9, for Facility Operating Licenses 
numbered NPF-76 and NPF-80, issued to STP Nuclear Operating Company 
(the licensee), for operation of the South Texas Project (STP), Units 1 
and 2, respectively, located in Matagorda County, Texas. In accordance 
with 10 CFR 51.21, the NRC prepared an environmental assessment 
documenting its finding. The NRC concluded that the proposed action 
will have no significant environmental impact.

Environmental Assessment

    Identification of the Proposed Action:
    The proposed action would consider approval of an exemption for 
STP, Units 1 and 2, from some of the requirements of 10 CFR Part 26, 
``Fitness for Duty Rule.'' Specifically, the licensee requests approval 
of an exemption from the requirements of 10 CFR 26.205(c), ``Work hours 
scheduling,'' and (d), ``Work hour controls.''
    The licensee states that during declaration of severe weather 
conditions such as tropical storm or hurricane force winds, adherence 
to all work hour controls requirements could impede the

[[Page 21679]]

licensee's ability to use whatever staff resources may be necessary to 
respond to a plant emergency and ensure that the plant reaches and 
maintains a safe and secure status.
    The exemption would only apply when severe weather conditions 
involving tropical storm or hurricane force winds are predicted on site 
requiring the sequestering of STP storm crew.
    The proposed exemption will allow the licensee not to meet the 
requirements of 10 CFR 26.205(c) and (d), from the time that the storm 
or hurricane sequestering conditions are met until severe weather exit 
conditions are satisfied. The exemption will only apply to individuals 
on the storm crew who perform duties identified in 10 CFR 26.4(a)(1) 
through (5). When storm crew sequestering exit conditions are met, full 
compliance with 10 CFR 26.205(c) and (d) will be required.
    The proposed action does not involve any physical changes to the 
reactor, fuel, plant structures, support structures, water, or land at 
the STP, Units 1 and 2, site.
    The proposed action is in accordance with the licensee's 
application dated September 21, 2009, as supplemented by letters dated 
October 14, 2009, and February 11, 2010.
    The Need for the Proposed Action:
    Proposed action is needed because the licensee is unable to meet 
the requirements of 10 CFR 26.205 (c) and (d) during declarations of 
severe weather conditions that could result due to prevailing tropical 
storm or hurricane force winds impacting the facility.
    Compliance with work hour control requirements would impede the 
licensee's ability to use whatever staff resources may be necessary to 
respond to a plant emergency and ensure that the plant reaches and 
maintains a safe and secure status.
    Environmental Impacts of the Proposed Action:
    The NRC staff has completed its environmental assessment of the 
proposed exemption. The NRC staff has concluded that the proposed 
exemption from the implementation of the requirements of 10 CFR 
26.205(c) and (d) during declaration of severe weather conditions, 
would not significantly affect plant safety and would not have a 
significant adverse effect on the probability of occurrence of an 
accident.
    The proposed action would not result in any increased radiological 
hazards beyond those previously evaluated by the NRC staff in NUREG-
0781, ``Safety Evaluation Report Related to Operation of South Texas 
Project, Units 1 and 2.'' There will be no change to radioactive 
effluents that affect radiation exposures to plant workers and members 
of the public. Therefore, no changes in 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 staff concludes that there are no significant 
environmental impacts associated with the proposed action.
    The licensee currently maintains a Hurricane Plan which provides 
directions for activation of the storm crew. The storm crew is 
activated upon the directions of Emergency Operations Facility 
Director. The Plan provides specific entry conditions for the start of 
the emergency and specific conditions that will terminate the 
emergency. The licensee states that the impact of the exemption on 
personnel manning during the implementation of the site Hurricane Plan 
will be similar to an Emergency Plan impact. Although the proposed 
exemption would allow the licensee not to meet work hour controls 
during storm crew activation, sufficient numbers of management and 
supervision will be available during storm crew manning and activation 
to ensure that public health and safety is adequately protected.
    The NRC staff's safety evaluation will be provided 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 were denied, the licensee 
would have to comply with the fatigue rules in 10 CFR 26.205(c) and 
(d). This would cause unnecessary burden on the licensee, without a 
significant benefit in environmental impacts. 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 for the STP, 
Units 1 and 2, NUREG-1172, dated August 1986.
    Agencies and Persons Consulted:
    In accordance with its stated policy, on April 13, 2010, the NRC 
staff consulted with the Texas State official, Ms. Alice Rogers of the 
Texas State Department of Health, regarding the environmental impact of 
the proposed action. The Texas 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 September 21, 2009, as supplemented by letters 
dated October 14, 2009, and February 11, 2010, available in the 
Agencywide Documents Access and Management System (ADAMS) Accession 
Nos. ML092720178, ML092930172, and ML100490048, respectively. 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 19th day of April 2010.

    For The Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch IV, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-9585 Filed 4-23-10; 8:45 am]
BILLING CODE 7590-01-P