[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Notices]
[Pages 65541-65542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27332]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos.: 50-295 and 50-304; NRC-2011-0244]


Environmental Assessment and Finding of No Significant Impact 
Related to Exemption From Certain Requirements for the Zion Nuclear 
Power Station, Units 1 and 2, License DPR-039 and DPR-048, Lake County, 
IL

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact.

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FOR FURTHER INFORMATION CONTACT: John Hickman, Division of Waste 
Management and Environmental Protection, Office of Federal and State 
Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-00001; telephone: 301-415-
3017; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) staff is considering a 
request dated December 2, 2010, by ZionSolutions, LLC (ZS, the 
licensee) requesting exemptions from certain security requirements in 
Title 10 of the Code of Federal Regulations (10 CFR) 73.55 for the Zion 
Nuclear Power Station (ZNPS) Units 1 and 2.
    This Environmental Assessment (EA) has been developed in accordance 
with the requirements of 10 CFR 51.21.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would eliminate certain security plan 
requirements from the 10 CFR Part 50 licensed site because the ZNPS 
Units 1 and 2 are permanently shut-down and defueled.

[[Page 65542]]

    Part of this proposed action meets the categorical exclusion 
provision in 10 CFR 51.22(c)(25), as part of this action is an 
exemption from the requirements of the Commission's regulations and (i) 
there is no significant hazards consideration; (ii) there is no 
significant change in the types or significant increase in the amounts 
of any effluents that may be released offsite; (iii) there is no 
significant increase in individual or cumulative public or occupational 
radiation exposure; (iv) there is no significant construction impact; 
(v) there is no significant increase in the potential for or 
consequences from radiological accidents; and (vi) the requirements 
from which an exemption is sought involve safeguard plans. Therefore, 
this part of the action does not require either an environmental 
assessment or an environmental impact statement. This environmental 
assessment was prepared for the part of the proposed action not 
involving safeguards plans.

Need for Proposed Action

    The NRC revised 10 CFR 73.55 through the issuance of a final rule 
on March 27, 2009 (74 FR 13926). The revised regulation stated that it 
was applicable to all Part 50 licensees. The NRC became aware that many 
Part 50 licensees with facilities in decommissioning status did not 
recognize the applicability of this regulation to their facility. 
Accordingly, the NRC informed licensees with facilities in 
decommissioning status and other stakeholders that the requirements of 
10 CFR 73.55 were applicable to all Part 50 licensees. By letter dated 
August 2, 2010, the NRC informed Exelon Nuclear, the ZNPS license 
holder at that time, of the applicability of the revised rule and 
stated that it would have to evaluate the applicability of the 
regulation to its facility and either make appropriate changes or 
request an exemption.
    Section 73.55 requires that licensees establish and maintain 
physical protection and security for activities involving SNM within 
the 10 CFR part 50 licensed area of a facility. The proposed action is 
needed because the permanently shut-down and defueled status of the 
facility changes the security that is necessary to protect against 
radiological sabotage or diversion. The proposed action will allow the 
licensee to conserve resources for decommissioning activities.

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the proposed action and 
concludes that exempting the facility from certain physical protection 
security requirements will not have any adverse environmental impacts.
    The proposed action will not significantly increase the probability 
or consequences of accidents, no changes are being made in the types of 
any effluents that may be released off site, and there is no 
significant increase in occupational or public radiation exposure. 
Therefore, there are no significant radiological environmental impacts 
associated with the proposed action.
    With regard to potential non-radiological impacts, the proposed 
action does not involve any historic sites. It does not affect non-
radiological plant effluents and has no other environmental impact. 
Therefore, there are no significant non-radiological environmental 
impacts associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    The alternative is the no-action alternative, under which the staff 
would deny the exemption request. This denial of the request would 
result in no change in current environmental impacts. The environmental 
impacts of the proposed action and the no-action alternative are 
similar, therefore the no-action alternative is not further considered.

Conclusion

    The NRC staff has concluded that the proposed action will not 
significantly impact the quality of the human environment, and that the 
proposed action is the preferred alternative.

Agencies and Persons Consulted

    In accordance with its stated policy, on July 21, 2011, the staff 
consulted with the Illinois State official of the Division of Nuclear 
Safety, Illinois Emergency Management Agency, regarding the 
environmental impact of the proposed action. The State official had no 
comments.
    The NRC staff has determined that the proposed action is of a 
procedural nature, and will not affect listed species or critical 
habitat. Therefore, no further consultation is required under Section 7 
of the Endangered Species Act. The NRC staff has also determined that 
the proposed action is not the type of activity that has the potential 
to cause effects on historic properties. Therefore, no further 
consultation is required under Section 106 of the National Historic 
Preservation Act.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA as part of its review of the 
proposed action. On the basis of this EA, the NRC finds that there are 
no significant environmental impacts from the proposed action, and that 
preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC has determined that a Finding of No Significant 
Impact is appropriate.

IV. Further Information

    For further details with respect to the proposed action, see the 
licensee's letter dated December 2, 2010, [ADAMS Accession Number 
ML103400569]. Documents related to this action, including the 
application and supporting documentation, are available online in the 
NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this 
site, you can access the NRC's Agencywide Document Access and 
Management System (ADAMS), which provides text and image files of NRC's 
public documents.
    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to [email protected]. These documents may also be viewed 
electronically on the public computers located at the NRC's PDR, O 1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. 
The PDR reproduction contractor will copy documents for a fee.

    Dated at Rockville, Maryland this 12th day of October, 2011.

    For the U.S. Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2011-27332 Filed 10-20-11; 8:45 am]
BILLING CODE 7590-01-P