STP Nuclear Operating Company South Texas Project, Units 1 and 2 Environmental Assessment and Finding of No Significant Impact, 21678-21679 [2010-9585]

Download as PDF sroberts on DSKD5P82C1PROD with NOTICES 21678 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Notices VEBA Plan in connection with the transactions discussed herein if the amount or payment of such compensation is not contingent upon or in any way affected by the independent fiduciary’s ultimate decision), and (3) the annual gross revenue received by the fiduciary, in any fiscal year, from Chrysler LLC, New Chrysler, the UAW or a member of the Committee in his or her individual capacity, exceeds 3% of the fiduciary’s annual gross revenue from all sources (for federal income tax purposes) for its prior tax year. (i) The term ‘‘Modified Settlement Agreement’’ means the UAW Retiree Settlement Agreement between Chrysler LLC and the UAW dated June 10, 2009. (j) The term ‘‘New Chrysler’’ shall mean a Delaware Limited Liability Company formed by Fiat North America LLC, a subsidiary of Fiat S.p.A., a manufacturer of automobiles and automotive parts in Turin, Italy, and its successors and assigns in the event of a reorganization, restructuring, recapitalization, merger, or similar corporate transaction. New Chrysler is the Company that acquired certain assets and liabilities from Chrysler LLC pursuant to the Section 363 Sale. (k) The term ‘‘New Chrysler VEBA Plan’’ refers to the newly created retiree medical employee welfare benefit plan. The plan is an employee welfare benefit plan established and maintained by the Committee, and shall provide retiree medical benefits to the Class and the Covered Group established pursuant to the Modified Settlement Agreement. (l) The term ‘‘Note’’ shall mean a note issued by New Chrysler with a principal amount of $4,587 billion and an implicit interest rate of nine (9%) payable in fixed annual installments pursuant to the Indenture Agreement. Payments, consisting of accrued and unpaid interest and amortized principal shall be due on July 15 of each year, commencing July 15, 2010 and ending on July 15, 2023. (m) The term ‘‘Registration Rights Agreement’’ means the Equity Registration Rights Agreement by and among New Chrysler, the Treasury Department, Canada, the VEBA Trust and Chrysler LLC, entered into on June 10, 2009. (n) The term ‘‘Section 363 Sale’’ means a sale under section 363 of Title 11 of the U.S. Code, by which on June 10, 2009, New Chrysler succeeded to certain assets and liabilities of Chrysler LLC. (o) The term ‘‘Shares’’ means the membership interests issued by New Chrysler, including any membership interests, partnership interests, shares of stock, or other equity acquired pursuant VerDate Nov<24>2008 16:56 Apr 23, 2010 Jkt 220001 to an adjustment, substitution, conversion, or other modification of Shares in connection with a reorganization, restructuring, recapitalization, merger or similar corporate transaction involving New Chrysler, provided that each holder of Shares is treated in an identical manner. (p) The term ‘‘Treasury Department’’ shall mean the United States Department of the Treasury. (q) The term ‘‘UAW’’ means the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. (r) The term ‘‘VEBA’’ means the New Chrysler VEBA Plan and its associated UAW Retiree Medical Benefits Trust (the VEBA Trust). (s) The term ‘‘Verification Time Period’’ means: (i) With respect to all Shares, the period beginning on the date of publication of the final exemption in the Federal Register and ending 60 calendar days thereafter; (ii) with respect to each payment pursuant to the Note, the period beginning on the date of the payment and ending 90 calendar days thereafter; and (iii) with respect to the UAW-Related Account of the Existing Internal VEBA, the period beginning on the date of publication of the final exemption in the Federal Register (or, if later, the date of the transfer of the UAW-Related Account to the New Chrysler VEBA Plan) and ending 180 calendar days thereafter. Signed at Washington, DC, this 21st day of April, 2010. Ivan Strasfeld, Director of Exemption, Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. 2010–9607 Filed 4–23–10; 8:45 am] BILLING CODE 4510–29–P NATIONAL SCIENCE FOUNDATION Business and Operations Advisory Committee; Notice of Meeting In accordance with Federal Advisory Committee Act (Pub. L. 92–463, as amended), the National Science Foundation announces the following meeting: Name: Business and Operations Advisory Committee (9556). Date/Time: May 18, 2009; 1 p.m. to 5:45 p.m. (EST). May 19, 2009; 8 a.m. to 12 p.m. (EST). Place: National Science Foundation, 4201 Wilson Boulevard, Stafford I, Room 1235. Type of Meeting: Open. Contact Person: Joan Miller, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230; (703) 292–8200. Purpose of Meeting: To provide advice concerning issues related to the oversight, PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 integrity, development and enhancement of NSF’s business operations. Agenda May 18, 2010 Welcome/Introductions; OIRM/CIO/BFA Updates; Post Award/Policy Updates; Performance Evaluation Assessment; Open Government Initiative; NSF Workforce Management/Leadership Development. May 19, 2010 NSF Strategic Plan Update—2010–2015; Future NSF–2013 Lease Expiration; Committee Discussion: Prepare for Meeting with NSF Deputy Director; Discussion with Deputy Director; Closing Committee Discussion/Wrap-Up. Dated: April 21, 2010. Susanne Bolton, Committee Management Officer. [FR Doc. 2010–9554 Filed 4–23–10; 8:45 am] BILLING CODE 7555–01–P 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 E:\FR\FM\26APN1.SGM 26APN1 sroberts on DSKD5P82C1PROD with NOTICES Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Notices 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 VerDate Nov<24>2008 16:56 Apr 23, 2010 Jkt 220001 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 MagnusonSteven’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 ‘‘noaction’’ 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 PO 00000 Frm 00103 Fmt 4703 Sfmt 9990 21679 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, https://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 pdr.resource@nrc.gov. 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 E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Pages 21678-21679]
From the Federal Register Online via the Government Printing 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, 
https://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 
pdr.resource@nrc.gov.

    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
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