[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Notices]
[Pages 58570-58571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23181]
[[Page 58570]]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-155, and 72-43; NRC-2013-0218]
Environmental Assessment; Entergy Nuclear Operations, Inc., Big
Rock Point
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an exemption to Entergy Nuclear Operations, Inc. (ENO) (the
applicant or the licensee), for the Big Rock Point (BRP) Independent
Spent Fuel Storage Installation (ISFSI).
ADDRESSES: Please refer to Docket ID NRC-2013-0218 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0218. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
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 document (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The applicant submitted its exemption request by letter
dated June 20, 2012, under ADAMS Accession No. ML12173A066.
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.
FOR FURTHER INFORMATION CONTACT: Pamela Longmire, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-287-0829; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of an exemption to Entergy Nuclear
Operations, Inc. (ENO) (the applicant or the licensee), pursuant to
section 50.12 of Title 10 of the Code of Federal Regulations (10 CFR),
``Specific exemptions,'' from specific portions of the requirements of
10 CFR 50.47, ``Emergency plans,'' and 10 CFR part 50, appendix E,
``Emergency Planning and Preparedness for Production and Utilization
Facilities,'' for the Big Rock Point (BRP) Independent Spent Fuel
Storage Installation (ISFSI).
II. Environmental Assessment (EA)
Background
ENO is the holder of Facility Operating License DPR-6 for the BRP
facility. The license, issued pursuant to the Atomic Energy Act of
1954, as amended, and 10 CFR part 50, allows ENO to possess and store
spent nuclear fuel at the permanently shutdown and decommissioned
facility under the provision of 10 CFR part 72, subpart K, ``General
License for Storage of Spent Fuel at Power Reactor Sites.'' In a letter
dated June 26, 1997 (ADAMS Legacy Accession No. 9707030167), Consumers
Energy Company (CEC), then holder of DPR-6, informed the NRC that the
BRP facility had permanently ceased power operations. In a letter dated
September 23, 1997 (ADAMS Legacy Accession No. 9709300363), CEC
informed the NRC that it had permanently moved the fuel from the
reactor to the spent fuel pool.
After ceasing operations at the reactor, CEC began transferring
spent nuclear fuel from the spent fuel pool to the BRP ISFSI for long
term dry storage. As discussed in letters dated September 8, 2005, and
November 16, 2006 (ADAMS Accession Nos. ML052550366 and ML063260085,
respectively), these activities were completed in 2003 and final
decommissioning of the reactor site was completed in 2006. The BRP
ISFSI is a stand-alone ISFSI located on approximately 30 acres in
Charlevoix County, on the northern shore of Michigan's Lower Peninsula.
In a letter dated July 30, 2007 (ADAMS Accession No. ML072220219), ENO
applied for an order approving indirect transfer of control of licenses
for BRP. By letter dated July 28, 2008 (ADAMS Accession No.
ML080940528), the NRC consented to the proposal.
On November 23, 2011, the NRC issued a Final Rule modifying or
adding emergency planning (EP) requirements in Sec. Sec. 50.47 and
50.54, and Aapendix E of 10 CFR part 50 (76 FR 72560; November 23,
2011) (EP Final Rule). The EP Final Rule was effective on December 23,
2011, with specific implementation dates for each of the rule changes.
ENO states that this exemption request and its impact on the
corresponding emergency plan: (1) Is authorized by law; (2) will not
present an undue risk to the public health and safety; and (3) is
consistent with the common defense and security in accordance with 10
CFR 50.12. ENO states that its intent in submitting this exemption
request is to maintain the regulatory structure in place prior to the
issuance of the EP Final Rule and, therefore, does not propose any
changes to its emergency plan or implementing procedures other than
simple regulatory reference changes that can be implemented under 10
CFR 50.54(q).
Identification of Proposed Action
By letter dated June 20, 2012, ENO submitted an exemption request
in accordance with 10 CFR 50.12 from specific EP requirements in 10 CFR
50.47 and appendix E to 10 CFR part 50 for the BRP ISFSI. Specifically,
ENO explained that the exemption would eliminate requirements
associated with offsite consequences, protective actions, hostile
action and emergency facilities that are unnecessary due to the current
status of the BRP ISFSI.
Need for the Proposed Action
ENO states that, in accordance with 10 CFR 50.82, the 10 CFR part
50 licensed area for BRP has been reduced to a small area surrounding
the ISFSI. In this condition, ENO maintains that BRP poses a
significantly reduced risk to public health and safety from design
basis accidents or credible beyond design basis accidents because these
types of accidents cannot result in radioactive releases which exceed
the U.S. Environmental Protection Agency (EPA) Protective Action Guides
(PAGs) at the site boundary. Because of this reduced risk, compliance
with all the requirements in 10 CFR 50.47 and 10 CFR part 50, appendix
E is not appropriate. ENO explains that the requested exemption from
portions of 10 CFR 50.47 and 10 CFR part 50, appendix E is needed to
continue implementation of the BRP ISFSI Emergency Plan that is
appropriate for a stand-alone ISFSI and is commensurate with the
reduced risk posed by the facility. In addition, the
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requested exemption would allow spent fuel storage to continue without
imposing burdensome and costly new requirements that provide no
increased safety benefit.
Environmental Impacts of the Proposed Action
The NRC has determined that no credible events at the BRP ISFSI
would result in doses to the public beyond the owner controlled area
boundary that would exceed the EPA PAGs. Additionally, the staff has
concluded that the BRP Emergency Plan with the exemptions described in
its safety evaluation (ADAMS Accession No. ML13254A002), provides for
an acceptable level of emergency preparedness at the BRP facility in
its shutdown and defueled condition, and also provides reasonable
assurance that adequate protective measures can and will be taken in
the event of a radiological emergency at the BRP facility. Based on
these findings, the NRC concludes that there are no radiological
environmental impacts due to granting the approval of the exemption.
The proposed action will not increase the probability or consequences
of accidents. No changes are being made in the types or quantities of
effluents that may be released offsite, 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. The proposed action does not affect non-
radiological plant effluents and has no other environmental impact.
Therefore, there are no significant non-radiological impacts associated
with the proposed action. Based on the assessment above, the proposed
action will not have a significant effect on the quality of the human
environment.
Alternative to the Proposed Action
Since there is no significant environmental impact associated with
the proposed action, any alternatives with equal or greater
environmental impact are not evaluated. The alternative to the proposed
action would be to deny approval of the exemption. This alternative
would have the same environmental impact.
Agencies and Persons Consulted
The environmental assessment associated with the exemption request
was sent to Mr. Ken Yale, Section Chief of the Radiological Protection
Section in the Office of Waste Management and Radiological Protection
at the Michigan Department of Environmental Quality (DEQ) by email
dated August 22, 2013 (ADAMS Accession No. ML13238A158). The state
response was received by email dated August 23, 2013 (ADAMS Accession
No. ML13238A109). The email states that DEQ reviewed the draft
environmental assessment and has no comments. The NRC staff has
determined that a consultation under Section 7 of the Endangered
Species Act is not required because the proposed action will not affect
listed species or critical habitat. The NRC staff has also determined
that the proposed action is not a type of activity that has the
potential to impact historic properties because the proposed action
would occur within the established BRP site boundary. Therefore, no
consultation is required under Section 106 of the National Historic
Preservation Act.
III. Finding of No Significant Impact
The environmental impacts of the proposed action have been reviewed
in accordance with the requirements set forth in 10 CFR part 51. Based
upon the environmental assessment, the NRC finds that the proposed
action of granting the exemption from specific EP requirements in 10
CFR 50.47 and 10 CFR part 50, appendix E will not significantly impact
the quality of the human environment. Accordingly, the NRC has
determined not to prepare an environmental impact statement for the
proposed exemption and that a finding of no significant impact is
appropriate.
IV. Further Information
In accordance with 10 CFR 2.390 of NRC's ``Rules of Practice,''
final NRC records and documents regarding this proposed action are
publicly available in the records component of NRC's Agencywide
Documents Access and Management System (ADAMS). The request for
exemption dated June 20, 2012 (ADAMS Accession No. ML12173A066), was
docketed under 10 CFR Part 50, Docket 50-155 and under 10 CFR Part 72,
Docket 72-43. These documents may be inspected at NRC'S Public
Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html.
These documents may also be viewed electronically on the public
computers located at the NRC's Public Document Room (PDR), O1F21, One
White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy documents for a fee. 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 by email to
[email protected].
Dated at Rockville, Maryland, this 17th day of September, 2013.
For the Nuclear Regulatory Commission.
Michele Sampson,
Chief, Licensing Branch, Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material Safety, and Safeguards.
[FR Doc. 2013-23181 Filed 9-23-13; 8:45 am]
BILLING CODE 7590-01-P