[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21286-21288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06491]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-321, 50-366, 50-348, 50-364, 50-424, 50-425, 52-025, 
and 52-026; NRC-2024-0038]


Southern Nuclear Operating Company; Edwin I. Hatch Nuclear Plant, 
Units 1 and 2; Joseph M. Farley Nuclear Plant, Units 1 and 2; Vogtle 
Electric Generating Plant, Units 1, 2, 3, and 4; Environmental 
Assessment and Finding of No Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is making a 
finding of no significant impact (FONSI) for a proposed issuance of 
exemptions to

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Southern Nuclear Operating Company (SNC, the licensee), for Edwin I. 
Hatch Nuclear Power Plant (Hatch), Units 1 and 2, Joseph M. Farley 
Nuclear Plant (Farley), Units 1 and 2, and Vogtle Electric Generating 
Plant (Vogtle), Units 1, 2, 3, and 4 (SNC Fleet), located in Appling 
County, Georgia, Houston County, Alabama, and Burke County, Georgia, 
respectively. The proposed action would grant the licensee partial 
exemption from the physical barrier requirements in the NRC's 
regulations, to allow SNC to continue using vertical, rather than 
angled, barbed wire fence toppings in certain limited protected area 
sections onsite. The NRC is considering exemptions to Renewed Facility 
Operating License No. DPR-57, and No. NPF-5, at Hatch, Units 1 and 2, 
issued on January 15, 2002, Renewed Facility Operating License No. NPF-
2, and No. NPF-8, at Farley, Units 1 and 2, issued on May 12, 2005, 
Renewed Facility Operating License No. NPF-68, and No. NPF-81, at 
Vogtle, Units 1 and 2, issued on June 3, 2009, and Facility Combined 
License No. NPF-91, and NPF-92, at Vogtle, Units 3 and 4, issued on 
February 10, 2012, and held by SNC for the operation of the SNC Fleet.

DATES: The environmental assessment referenced in this document is 
available on March 27, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0038 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0038. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to [email protected]. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3100; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of partial exemptions, pursuant to 
section 73.5 of title 10 of the Code of Federal Regulations (10 CFR), 
``Specific exemptions,'' from the physical barrier requirement of 10 
CFR 73.2, specifically with respect to the design criteria specified in 
10 CFR 73.2, ``Physical barrier,'' paragraph 1, as it applies to the 
angular specification for brackets used to support the required barbed 
wire (or similar material) topper. These partial exemptions would be 
issued to SNC for Hatch, Units 1 and 2, Farley, Units 1 and 2, and 
Vogtle, Units 1, 2, 3, and 4, in Appling County, Georgia, Houston 
County, Alabama, and Burke County, Georgia, respectively.
    Prior environmental reviews include NUREG-1437, ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants,'' 
Supplement 4--Final Report (ADAMS Package Accession No. ML011590310), 
regarding Hatch, Units 1 and 2, published in May 2001; NUREG-1437, 
``Generic Environmental Impact Statement for License Renewal of Nuclear 
Plants,'' Supplement 18--Final Report (ADAMS Accession No. 
ML050680297), regarding Farley, Units 1 and 2, published in March 2005; 
NUREG-1437, ``Generic Environmental Impact Statement for License 
Renewal of Nuclear Plants,'' Supplement 34--Final Report (ADAMS 
Accession No. ML083380325), regarding Vogtle, Units 1 and 2, published 
in December 2008; and NUREG-1947, ``Final Supplemental Environmental 
Impact Statement for Combined License (COLs) for Vogtle Electric 
Generating Plant Unit 3 and 4'' Final Report (ADAMS Accession No. 
ML11076A010) published in March 2011.
    In accordance with 10 CFR 51.21, the NRC has prepared an 
environmental assessment (EA) that analyzes the environmental effects 
of the proposed action. Based on the results of the EA and in 
accordance with 10 CFR 51.31(a), the NRC has prepared a FONSI for the 
proposed exemption.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would grant the licensee partial exemption from 
the physical barrier requirement of 10 CFR 73.2, specifically with 
respect to the design criteria specified in 10 CFR 73.2, ``Physical 
barrier,'' paragraph 1, as it applies to the angular specification for 
brackets used to support the required barbed wire (or similar material) 
topper. As stated in 10 CFR 73.2, fences must be constructed of No. 11 
American wire gauge, or heavier wire fabric, topped by three strands or 
more of barbed wire or similar material on brackets angled inward or 
outward between 30 and 45 degrees from the vertical, with an overall 
height of not less than eight feet, including the barbed topping. If 
approved, the partial exemption would allow the licensee to continue to 
use, without modification, the current configuration of vertical barbed 
wire fence toppings in limited protected area sections on-site, as 
specified on the maps submitted by the licensee in its exemption 
application dated July 7, 2023 (ADAMS Accession No. ML23188A163), as 
supplemented by letters dated February 5 and 12, 2024 (ML24036A292 and 
ML24043A186, respectively), to meet the regulatory requirements of 10 
CFR part 73, ``Physical protection of plants and materials.'' 
Specifically, barbed wire on top of physical barrier fencing on gates, 
near gates, near interfaces with buildings, and on corners is oriented 
vertically.

Need for the Proposed Action

    Physical protection consists of a variety of measures to protect 
nuclear facilities and material against sabotage, theft, diversion, and 
other malicious acts. The NRC and its licensees use a graded approach 
for physical protection, consistent with the significance of the 
facilities or material to be protected. In so doing, the NRC 
establishes the regulatory requirements and assesses compliance, and 
licensees are responsible for providing the protection.
    Since design criteria in 10 CFR 73.2 require the barbed wire fence 
toppings to be angled, the proposed action is needed to allow the 
licensee to continue to use, without modification, the current 
configuration of vertical barbed wire fence toppings in certain limited 
protected area sections on-site.
    Separate from this EA, the NRC staff is evaluating the licensee's 
proposed

[[Page 21288]]

action, which will be documented in staff evaluation reports for each 
site. The NRC staff's review will determine whether there is reasonable 
assurance that the SNC Fleet maintains adequate protection with the 
current physical barriers in accordance with the requirements in 10 CFR 
part 73.

Environmental Impacts of the Proposed Action

    The NRC has completed its environmental evaluation of the proposed 
action. The proposed action would grant the licensee partial exemption 
from the design criteria specified in 10 CFR 73.2, ``Physical 
barrier,'' paragraph 1, as it applies to the angular specification for 
brackets used to support the required barbed wire (or similar material) 
topper. This will allow the licensee to continue using vertical, rather 
than angled, barbed wire fence toppings in certain limited protected 
area sections at the SNC Fleet sites.
    The proposed action would have no direct impacts on land use or 
water resources. Impacts to terrestrial and aquatic biota would be 
negligible as the proposed action involves no new construction or 
modification of plant operational systems. There would be no changes to 
the quality or quantity of non-radiological effluents. No changes to 
the plant's National Pollutant Discharge Elimination System permit are 
needed. In addition, there would be no noticeable effect on air 
pollutant emissions, socio-economic conditions in the region, no 
environment justice impacts, and no impacts to historic and cultural 
resources. Therefore, there would be no significant non-radiological 
impacts associated with the proposed action.
    The NRC has concluded that the proposed action would not have a 
significant adverse effect on the probability of an accident occurring. 
There would be no change to radioactive effluents that affect radiation 
exposures to plant workers and members of the public. No changes would 
be made to plant buildings or the site property. Therefore, 
implementing the proposed action would not result in a change to the 
radiation exposures to the public or radiation exposure to plant 
workers.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC considered denial 
of the proposed action (i.e., the ``no-action'' alternative). Denial of 
the exemption request would result in the licensee having to replace 
the vertical barbed wire fence toppings with angled barbed wire that 
meets the definition of ``Physical barrier'' in 10 CFR 73.2. This could 
result in temporary, minor changes in vehicular traffic and associated 
air pollutant emissions due to any construction-related impacts of 
performing the necessary modifications, but no significant changes in 
ambient air quality would be expected.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies and Persons Consulted

    The NRC staff did not enter into consultation with any other 
Federal agency or with the States of Georgia and Alabama regarding the 
environmental impact of the proposed action.

III. Finding of No Significant Impact

    The licensee has requested exemptions from the physical barrier 
requirement of 10 CFR 73.2, specifically with respect to the design 
criteria specified in 10 CFR 73.2, ``Physical barrier,'' paragraph 1, 
to allow the licensee to continue using vertical, rather than angled, 
barbed wire fence toppings in limited protected area sections on site. 
The NRC is considering issuing the requested exemption. The proposed 
action would not have a significant adverse effect on the probability 
of an accident occurring and would not have any significant 
radiological and non-radiological impacts. This FONSI incorporates by 
reference the EA in Section II of this notice. Based on the EA, 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.

    Dated: March 22, 2024.

    For the Nuclear Regulatory Commission.
John Lamb,
Senior Project Manager, Plant Licensing Branch II-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-06491 Filed 3-26-24; 8:45 am]
BILLING CODE 7590-01-P