[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20144-20146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07703]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-286; NRC-2013-0063]
Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating
Unit 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft environmental assessment and finding of no significant
impact; request for public comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is reconsidering
its issuance of a revision of an existing exemption from its
regulations, ``Fire Protection Program for Nuclear Power Facilities
Operating Prior to January 1, 1979,'' for Fire Areas ETN-4 and PAB-2,
issued to Entergy Nuclear Operations, Inc. (the licensee), for
operation of Indian Point Nuclear Generating Unit 3 (Indian Point 3),
located in Westchester County, NY.''
DATES: Submit comments by May 3, 2013. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and is publicly-available, by
searching on http://www.regulations.gov under Docket ID NRC-2013-0063.
You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0063. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
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Fax comments to: RADB at 301-492-3446.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Douglas V. Pickett, Senior Project
Manager, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555; telephone: 301-415-1364; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2013-0063 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is publicly-available, by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0063.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The application for exemption, dated July 24, 2006, is
available under ADAMS Accession No. ML062140057. The Environmental
Assessment and Finding of No Significant Impact, dated September 24,
2007, is available under ADAMS Accession No. ML072110018. The NRC
letter approving the exemption, dated September 28, 2007, is available
under ADAMS Accession No. ML072410254.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2013-0063 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Introduction
The NRC is reconsidering its issuance of a revision of an existing
exemption from part 50 of Title 10 of the Code of Federal Regulations
(10 CFR), Appendix R, ``Fire Protection Program for Nuclear Power
Facilities Operating Prior to January 1, 1979,'' for Fire Areas ETN-4
and PAB-2, issued to Entergy Nuclear Operations, Inc. (the licensee),
for operation of Indian Point Nuclear Generating Unit 3 (Indian Point
3), located in Westchester County, NY.''
On July 24, 2006, Indian Point 3 submitted an exemption request
from the requirement of 10 CFR Part 50, Appendix R, III, G.2 for a 1-
hour rating fire barrier. On September 28, 2007, the NRC issued the
exemption. As required by 10 CFR 51.21, the NRC prepared an
Environmental Assessment (EA) and finding of no significant impact
(FONSI). The EA on the impacts of the exemption and FONSI were
published in the Federal Register (FR) on the same day the exemption
was issued (72 FR 55254). The exemption was then implemented at Indian
Point Unit 3. A draft EA for public comment was not issued for this
licensing action.
In 2007, Mr. Richard Brodsky, then a New York State Assemblyman,
and others petitioned the NRC to hold a public hearing before granting
the exemption. The NRC denied Mr. Brodsky's petition. In 2008, these
petitioners filed suit in the U.S. Court of Appeals for the Second
Circuit, challenging NRC's denial of a hearing. The Court of Appeals
denied the petition for lack of jurisdiction, but afforded petitioners
an opportunity to refile their claims in U.S. District Court. In 2011,
the U.S. District Court for the Southern District of New York granted
NRC summary judgment on the refiled claims, finding no violation of the
Administrative Procedure Act, the Atomic Energy Act, or the National
Environmental Policy Act (NEPA) in the denial of a hearing on the
exemption. Petitioners then sought review of that decision in the U.S.
Court of Appeals for the Second Circuit.
On January 7, 2013, the Second Circuit reversed and vacated the
U.S. District Court decision with respect to public participation on
the EA and FONSI issued in support of the exemptions. The Circuit Court
remanded the case to the District Court ``with instructions for it in
turn to remand to the NRC so that the agency may: (1) Supplement the
administrative record to explain why allowing public input into the
exemption request was inappropriate or impracticable, or (2) take such
other action as it may deem appropriate to resolve this issue.'' The
Court directed that proceedings were to be concluded within 120 days of
the Mandate, which was issued on March 1, 2013.
In response to the Mandate of the U.S. Court of Appeals, the NRC is
issuing for public comment, pursuant to 10 CFR 51.33, this Draft
Environmental Assessment and Finding of No Significant Impact. As
necessary, the underlying action (i.e., approval of the exemptions) may
be modified in light of public comments.
The NRC notes that, subsequent to its action approving the
requested exemptions in 2007, and petitioners' court challenges, the
agency amended 10 CFR 51.22, which describes NRC's actions
categorically excluded from further environmental review under NEPA.
See 75 FR 20248 (April 19, 2010). That 2010 rulemaking expanded the
scope of an existing categorical exclusion in 10 CFR 51.22(c)(9) to
include approvals of licensee exemption requests. Thus, under the
revised provisions of 10 CFR 51.22(c)(9), the NRC need not prepare any
environmental review for exemptions from the requirements of Parts 50
and 52 ``with respect to installation or use of a facility component
located within the restricted area, as defined in [10 CFR Part 20], or
which changes an inspection or surveillance requirement,'' provided
there are no significant hazards considerations, no significant
increase in offsite effluents, and no significant occupational dose
increase.
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Although NRC approval of exemptions that meet the criteria of this
section no longer require preparation of an EA/FONSI, the NRC retains
discretion to prepare an EA and FONSI, including an opportunity for
public comment, where special circumstances exist. See 10 CFR 51.22(b),
and 51.33.
III. Draft Environmental Assessment and Finding of No Significant
Impact
Identification of the Proposed Action
The proposed action would revise the January 7, 1987, safety
evaluation (SE) to reflect that the installed Hemyc electrical raceway
fire barrier system (ERFBS) configurations provide either a 30-minute
fire resistance rating, or in one case a 24-minute fire resistance
rating, in lieu of the previously stated 1-hour fire resistance rating.
The licensee states that a Hemyc ERFBS fire resistance rating will
provide sufficient protection for the affected raceways, with adequate
margin, to continue to meet the intent of the original requests for
exemption and conclusions presented in the NRC's January 7, 1987, SE.
The licensee concludes that the revised fire resistance rating of the
Hemyc ERFBS does not reflect a reduction in overall fire safety, and
presents no added challenge to the credited post-fire safe-shutdown
capability which remains materially unchanged from the configuration
originally described in previous letters and as credited in the January
7, 1987, SE.
The proposed action is in accordance with the licensee's
application dated July 24, 2006, as supplemented by letters dated April
30, May 23, and August 16, 2007.
The Need for the Proposed Action
The proposed revision of existing exemptions from 10 CFR Part 50,
Appendix R, is needed in response to NRC Information Notice 2005-07,
dated April 1, 2005, ADAMS Accession No. ML050890089. The information
notice provided licensees the details of Hemyc ERFBS full-scale fire
tests conducted by the NRC's Office of Nuclear Regulatory Research. The
test results concluded that the Hemyc ERFBS does not provide the level
of protection expected for a 1-hour rated fire barrier, as originally
designed. The proposed revision to existing exemptions would revise the
fire resistance rating of Hemyc ERFBS configurations.
Environmental Impacts of the Proposed Action
The NRC has completed its SE of the proposed action and concludes
that the configuration of the fire zones under review provide
reasonable assurance that a severe fire is not plausible and the
existing fire protection features are adequate. Based on the presence
of redundant safe-shutdown trains, minimal fire hazards and
combustibles, automatic cable tray fire suppression system, manual fire
suppression features, fire barrier protection, existing Hemyc
configuration, and the installed smoke detection system, the NRC staff
finds that the use of this Hemyc fire barrier in these zones will not
significantly increase the consequences from a fire in these fire
zones.
The proposed action will not significantly increase the probability
or consequences of accidents. No changes are being made in the types of
effluents that may be released off site. There is no significant
increase in the amount of any effluent released off site. 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 have a potential to affect 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 staff concludes that there are no significant
environmental impacts associated with the proposed action.
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 application would result in no change in current
environmental impacts. The environmental impacts of the proposed action
and the 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 for
INDIAN POINT 3, dated February 1975.
Agencies and Persons Consulted
In accordance with its stated policy, on February 13, 2007, 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.
IV. 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 letters dated July 24, 2006, April 30, 2007, May 23, 2007,
and August 16, 2007, (ADAMS Accession Nos. ML062140057, ML071280504,
ML071280504, ML072400369).
Dated at Rockville, Maryland, this 26th day of March 2013.
For the Nuclear Regulatory Commission.
Sean C. Meighan,
Acting Chief, Plant Licensing Branch I-1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2013-07703 Filed 4-2-13; 8:45 am]
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