Entergy Nuclear Indian Point Unit 2, LLC; Entergy Nuclear Indian Point Unit 3, LLC; Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating Units Nos. 2 and 3; Environmental Assessment and Finding of No Significant Impact, 74832-74834 [2011-30901]

Download as PDF 74832 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Notices emcdonald on DSK5VPTVN1PROD with NOTICES your comments. For additional instructions on submitting comments and instructions on accessing documents related to this action, see ‘‘Submitting Comments and Accessing Information’’ in the SUPPLEMENTARY INFORMATION section of this document. You may submit comments by one of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0256. Address questions about NRC dockets to Carol Gallagher, telephone: (301) 492–3668; email: Carol.Gallagher@nrc.gov. • 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. • Fax comments to: RADB at (301) 492–3446. FOR FURTHER INFORMATION CONTACT: Dr. John Wise, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: (301) 415–8489; email: John.Wise@nrc.gov. SUPPLEMENTARY INFORMATION: Submitting Comments and Accessing Information Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site, http:// www.regulations.gov. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. You can access publicly available documents related to this document using the following methods: • NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • NRC’s Agencywide Documents Access and Management System VerDate Mar<15>2010 17:34 Nov 30, 2011 Jkt 226001 (ADAMS): Publicly available documents created or received at the NRC are available online in the NRC Library at http://www.nrc.gov/reading-rm/ adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the 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’s PDR reference staff at 1–(800) 397–4209, (301) 415–4737, or by email to pdr.resource@nrc.gov. The draft LR– ISG–2011–01 is available electronically under ADAMS Accession Number ML112360626. The GALL Report and SRP–LR are available under ADAMS Accession Nos. ML103490041 and ML103490036, respectively. • Federal Rulemaking Web site: Public comments and supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID NRC–2011– 0256. • NRC’s Interim Staff Guidance Web site: The LR–ISG documents are also available online under the ‘‘License Renewal’’ heading at http:// www.nrc.gov/reading-rm/doccollections/#int. Background The NRC issues LR–ISGs to communicate insights and lessons learned and to address emergent issues not covered in license renewal guidance documents, such as the GALL Report and SRP–LR. In this way, the NRC staff and stakeholders may use the guidance in an LR–ISG document before it is incorporated into a formal license renewal guidance document revision. The NRC staff issues LR–ISG in accordance with the LR–ISG Process, Revision 2 (ADAMS Accession No. ML100920158), for which a notice of availability was published in the Federal Register on June 22, 2010 (75 FR 35510). The NRC staff has determined that existing guidance in the SRP–LR and GALL Report may not adequately address aging management of stainless steel structures and components exposed to treated borated water. Specifically, for pressurized water reactors, the guidance inappropriately credits boron as a corrosion inhibitor in place of other aging management activities. As a result, aging effects such as loss of material, cracking, and reduction of heat transfer may not be adequately managed. The staff has proposed to revise the SRP–LR and GALL Report to align the guidance for treated borated water with that for treated (non-borated) water. The PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 revisions include adding the One-Time Inspection Program to verify the effectiveness of the Water Chemistry Program to manage loss of material and cracking of stainless steel structures and components exposed to treated borated water and adding reduction of heat transfer due to fouling as an aging effect requiring management for stainless steel heat exchanger tubes exposed to treated borated water. On November 8, 2011 (ADAMS Accession No. ML11325A119), the NRC requested public comments on draft LR– ISG–2011–01. By letter dated November 14, 2011, NEI requested a 15-day extension to the comment period. The NRC staff is granting NEI’s request for an extension. The NRC staff believes that granting this extension will allow stakeholders a chance to better prepare their responses to LR–ISG–2011–01. Proposed Action By this action, the NRC is requesting public comments on draft LR–ISG– 2011–01. This LR–ISG proposes certain revisions to NRC guidance in the SRP– LR and GALL Report. The NRC staff will make a final determination regarding issuance of the LR–ISG after it considers any public comments received in response to this request. Dated at Rockville, Maryland, this 22nd day of November, 2011. For the Nuclear Regulatory Commission. Melanie A. Galloway, Acting Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. 2011–30903 Filed 11–30–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–247 and 50–286; NRC– 2011–0278] Entergy Nuclear Indian Point Unit 2, LLC; Entergy Nuclear Indian Point Unit 3, LLC; Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating Units Nos. 2 and 3; Environmental Assessment and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an exemption from the requirements of Title 10 of the Code of Federal Regulations (10 CFR) part 50, Appendix R, ‘‘Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979,’’ for Facility Operating License Nos. DPR–26 and DPR–64 issued to Entergy Nuclear Operations, Inc. (Entergy or the licensee), for operation of the Indian E:\FR\FM\01DEN1.SGM 01DEN1 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Notices Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3) located in Westchester County, NY. Therefore, as required by 10 CFR 51.21, the NRC performed an environmental assessment. Based on the results of the environmental assessment, the NRC is issuing a finding of no significant impact. emcdonald on DSK5VPTVN1PROD with NOTICES Environmental Assessment Identification of the Proposed Action Entergy proposed that the NRC grant exemptions to certain NRC requirements pertaining to the NRC Fire Regulations. The proposed action is detailed in the licensee’s applications dated March 6, 2009, as supplemented by letters dated October 1, 2009, May 4, 2010, September 29, 2010, January 19, 2011, February 10, 2011, and May 26, 2011. The licensee’s applications and supplemental submissions are accessible electronically from the Agencywide Documents Access and Management System (ADAMS) with Accession Nos. ML090770151, ML090760993, ML092810230, ML092810231, ML101320230, ML101320263, ML102930237, ML102930234, ML110310013, ML110310242, ML110540321, ML110540322, ML11158A196, and ML11158A197. Regulatory Issue Summary (RIS) 2006–10, ‘‘Regulatory Expectations With Appendix R Paragraph III.G.2 Operator Manual Actions,’’ documents the NRC position on the use of operator manual actions (OMAs) as part of a compliance strategy to meet the requirements of 10 CFR Part 50, Appendix R, Section III.G.2. The NRC requires plants which credit manual actions for 10 CFR part 50, Appendix R, Section III.G.2 compliance to obtain NRC approval for the manual actions using the exemption process in accordance with the requirements of 10 CFR 50.12. In response, the licensee proposed this licensing action which would exempt IP2 and IP3 from certain requirements of 10 CFR part 50, Appendix R, Section III.G.2. Entergy proposed a number of OMAs in lieu of one of the means specified in Section III.G.2 to ensure a train of equipment used for hot shutdown is available when redundant trains are in the same fire area. Therefore, Entergy requested exemptions from the requirements of 10 CFR 50, Appendix R, Paragraph III.G.2 for IP2 and IP3 to the extent that OMAs are necessary to achieve and maintain hot shutdown for fire areas in which both trains of safeshutdown cables or equipment are located in the same fire area. The fire VerDate Mar<15>2010 17:34 Nov 30, 2011 Jkt 226001 areas involved are Fire Areas C, F, H, J, K, P, and YD for IP2 and Fire Areas AFW–6, PAB–2, ETN–4, TBL–5, and YARD–7 for IP3. Tables 2 through 8 for IP2 and Tables 2 through 9 for IP3 in Attachment 2 of the Entergy letters, dated October 1, 2009, list, on a fire area basis, the specific OMAs proposed for recovery or protection of the credited equipment train for achieving and maintaining hot shutdown conditions in these Appendix R, Paragraph III.G.2, fire areas. The Need for the Proposed Action The proposed action is requested to permit the licensee an alternate method from those specified in 10 CFR Part 50, to achieve and maintain hot shutdown conditions in the event of a fire that could disable electrical cables and equipment in the Fire Areas of IP2 and IP3 listed in the licensee’s request for exemption. The criteria for granting specific exemptions from 10 CFR part 50 regulations are specified in 10 CFR 50.12. In accordance with 10 CFR 50.12(a)(1), the NRC is authorized to grant an exemption upon determining that the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Environmental Impacts of the Proposed Action The NRC has completed its evaluation of the environmental impact of the proposed action. The staff has concluded that such actions would not adversely affect the environment. The proposed action would not result in an increased radiological hazard. There will be no change to the radioactive effluent releases that effect radiation exposures to plant workers and members of the public. No changes will be made to plant structures or the site property. Therefore, no changes or different types of radiological impacts are expected as a result of the proposed exemptions. 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 or 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 historical and cultural resources. There would be no impact to PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 74833 socioeconomic resources. Therefore, no changes or different types of nonradiological environmental impacts are expected as a result of the proposed exemptions. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. The details of the staff’s safety evaluation will be provided in the exemption, when it is issued. Environmental Impacts of the Alternatives to the Proposed Action As alternatives to the proposed action, the NRC staff is considering denial of the proposed action (i.e., the ‘‘noaction’’ alternative) or requiring the licensee to modify the facility to achieve compliance with Appendix R. Denial of the application would result in no change in current environmental impacts. Modification of the facility may result in minor increases in local traffic from contractors hired to work at the facility. This would be considerably fewer than the large number of contractors that are hired for about 30 days every spring to assist with the refueling outages at the facility. The environmental impacts of the proposed action and the alternative actions 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 IP2, dated September 30, 1972, or the Final Environmental Statement for IP3, dated February 28, 1975. Agencies and Persons Consulted In accordance with its stated policy, on February 8, 2011, the staff consulted with the New York State (NYS) official, at the NYS Energy Research and Development Authority, regarding the environmental impact of the proposed action. The NYS official provided comments by email dated May 11, 2011 (ADAMS Accession No. ML112010063). NYS opposed the granting of the requested exemptions to the licensee. NYS also stated an opinion that the public should be offered an opportunity to comment on the environmental impacts and potential alternatives to the proposed action. The NRC staff notes that there is no legal requirement to solicit public comment on exemption requests, and none has been solicited in this case. This exemption request will not have a significant effect on the environment, as the largest impact would be a small number of additional contractors working at the facility. The remainder of the NYS comments E:\FR\FM\01DEN1.SGM 01DEN1 74834 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Notices concerned compliance with the NRC’s fire protection rules, and will be addressed in a separate letter. 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 March 6, 2009, as supplemented by letters dated October 1, 2009, May 4, 2010, September 29, 2010, January 19, 2011, February 10, 2011, and May 26, 2011. The licensee’s applications and supplemental submissions are accessible electronically from the Agencywide Documents Access and Management System (ADAMS) with Accession Nos. ML090770151, ML090760993, ML092810230, ML092810231, ML101320230, ML101320263, ML102930237, ML102930234, ML110310013, ML110310242, ML110540321, ML110540322, ML11158A196, and ML11158A197. Publicly available versions of the 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 documents created or received at the NRC are accessible electronically through the Agencywide Documents Access and Management System (ADAMS) in the NRC Library at http:// 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 email to pdr.resource@nrc.gov. emcdonald on DSK5VPTVN1PROD with NOTICES Dated at Rockville, Maryland, this 21st day of November 2011. For the Nuclear Regulatory Commission. John P. Boska, Senior Project Manager, Plant Licensing Branch I–1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2011–30901 Filed 11–30–11; 8:45 am] BILLING CODE 7590–01–P VerDate Mar<15>2010 17:34 Nov 30, 2011 Jkt 226001 NUCLEAR REGULATORY COMMISSION [NRC–2011–0228] Interim Staff Guidance on Aging Management Program for Steam Generators Nuclear Regulatory Commission. ACTION: Interim staff guidance; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing License Renewal Interim Staff Guidance (LR– ISG), LR–ISG–2011–02, ‘‘Aging Management Program for Steam Generators.’’ This LR–ISG provides the NRC staff’s evaluation of the suitability of using Revision 3 of the Nuclear Energy Institute’s (NEI) document, NEI 97–06, ‘‘Steam Generator Program Guidelines,’’ (NRC’s Agencywide Documents Access and Management System (ADAMS) Accession No. ML111310712) to manage steam generator aging. The LR–ISG revises the NRC staff’s aging management recommendations currently described in Chapter XI.M19 of NUREG–1801, ‘‘Generic Aging Lessons Learned (GALL) Report,’’ Revision 2, dated December 2010, which is available in ADAMS under Accession No. ML103490041; and NUREG–1800, Revision 2, ‘‘Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants,’’ which is available in ADAMS under Accession No. ML103490036. SUMMARY: You can access publicly available documents related to this document using the following methods: • NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • ADAMS: Publicly available documents created or received at the NRC are available online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the 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’s PDR reference staff at 1–(800) 397–4209, (301) 415–4737, or by email to pdr.resource@nrc.gov. The LR–ISG– 2011–02 is available under ADAMS Accession No. ML11297A085. • Federal Rulemaking Web Site: Public comments and supporting materials related to this final rule can be ADDRESSES: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 found at http://www.regulations.gov by searching on Docket ID NRC–2011– 0228. Address questions about NRC dockets to Carol Gallagher, telephone: (301) 492–3668; email: Carol.Gallagher@nrc.gov. • NRC’s Interim Staff Guidance Web Site: LR–ISG documents are also available online under the ‘‘License Renewal’’ heading at http:// www.nrc.gov/reading-rm/doccollections/#int. FOR FURTHER INFORMATION CONTACT: Dr. Seung Min, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: (301) 415–2045, or email: Seung.Min@nrc.gov, or Ms. Evelyn Gettys, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 001; telephone: (301) 415–4029, or email: Evelyn.Gettys@nrc.gov. SUPPLEMENTARY INFORMATION: Background Revision 2 of NEI 97–06 was issued in September 2005. Since that time, all licensees have adopted new steam generator technical specification requirements. Revision 3 of NEI 97–06 was provided to the NRC on May 6, 2011. On September 30, 2011 (76 FR 60937), the NRC published a request for public comments on draft LR–ISG–2011–02 in the Federal Register. The public comment period closed on October 20, 2011. The NRC received no comments and is issuing LR–ISG–2011–02. This LR–ISG will be incorporated into the next formal license renewal guidance document revision. Dated at Rockville, Maryland, this 21st day of November 2011. For the Nuclear Regulatory Commission. Melanie A. Galloway, Acting Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. 2011–30896 Filed 11–30–11; 8:45 am] BILLING CODE 7590–01–P OVERSEAS PRIVATE INVESTMENT CORPORATION Submission for OMB Review; comments request Overseas Private Investment Corporation (OPIC). ACTION: Notice and request for comments. AGENCY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. SUMMARY: E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74832-74834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30901]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-247 and 50-286; NRC-2011-0278]


Entergy Nuclear Indian Point Unit 2, LLC; Entergy Nuclear Indian 
Point Unit 3, LLC; Entergy Nuclear Operations, Inc.; Indian Point 
Nuclear Generating Units Nos. 2 and 3; Environmental Assessment and 
Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from the requirements of Title 10 of the Code 
of Federal Regulations (10 CFR) part 50, Appendix R, ``Fire Protection 
Program for Nuclear Power Facilities Operating Prior to January 1, 
1979,'' for Facility Operating License Nos. DPR-26 and DPR-64 issued to 
Entergy Nuclear Operations, Inc. (Entergy or the licensee), for 
operation of the Indian

[[Page 74833]]

Point Nuclear Generating Unit Nos. 2 and 3 (IP2 and IP3) located in 
Westchester County, NY. Therefore, as required by 10 CFR 51.21, the NRC 
performed an environmental assessment. Based on the results of the 
environmental assessment, the NRC is issuing a finding of no 
significant impact.

Environmental Assessment

Identification of the Proposed Action

    Entergy proposed that the NRC grant exemptions to certain NRC 
requirements pertaining to the NRC Fire Regulations. The proposed 
action is detailed in the licensee's applications dated March 6, 2009, 
as supplemented by letters dated October 1, 2009, May 4, 2010, 
September 29, 2010, January 19, 2011, February 10, 2011, and May 26, 
2011. The licensee's applications and supplemental submissions are 
accessible electronically from the Agencywide Documents Access and 
Management System (ADAMS) with Accession Nos. ML090770151, ML090760993, 
ML092810230, ML092810231, ML101320230, ML101320263, ML102930237, 
ML102930234, ML110310013, ML110310242, ML110540321, ML110540322, 
ML11158A196, and ML11158A197.
    Regulatory Issue Summary (RIS) 2006-10, ``Regulatory Expectations 
With Appendix R Paragraph III.G.2 Operator Manual Actions,'' documents 
the NRC position on the use of operator manual actions (OMAs) as part 
of a compliance strategy to meet the requirements of 10 CFR Part 50, 
Appendix R, Section III.G.2. The NRC requires plants which credit 
manual actions for 10 CFR part 50, Appendix R, Section III.G.2 
compliance to obtain NRC approval for the manual actions using the 
exemption process in accordance with the requirements of 10 CFR 50.12. 
In response, the licensee proposed this licensing action which would 
exempt IP2 and IP3 from certain requirements of 10 CFR part 50, 
Appendix R, Section III.G.2.
    Entergy proposed a number of OMAs in lieu of one of the means 
specified in Section III.G.2 to ensure a train of equipment used for 
hot shutdown is available when redundant trains are in the same fire 
area. Therefore, Entergy requested exemptions from the requirements of 
10 CFR 50, Appendix R, Paragraph III.G.2 for IP2 and IP3 to the extent 
that OMAs are necessary to achieve and maintain hot shutdown for fire 
areas in which both trains of safe-shutdown cables or equipment are 
located in the same fire area. The fire areas involved are Fire Areas 
C, F, H, J, K, P, and YD for IP2 and Fire Areas AFW-6, PAB-2, ETN-4, 
TBL-5, and YARD-7 for IP3.
    Tables 2 through 8 for IP2 and Tables 2 through 9 for IP3 in 
Attachment 2 of the Entergy letters, dated October 1, 2009, list, on a 
fire area basis, the specific OMAs proposed for recovery or protection 
of the credited equipment train for achieving and maintaining hot 
shutdown conditions in these Appendix R, Paragraph III.G.2, fire areas.

The Need for the Proposed Action

    The proposed action is requested to permit the licensee an 
alternate method from those specified in 10 CFR Part 50, to achieve and 
maintain hot shutdown conditions in the event of a fire that could 
disable electrical cables and equipment in the Fire Areas of IP2 and 
IP3 listed in the licensee's request for exemption.
    The criteria for granting specific exemptions from 10 CFR part 50 
regulations are specified in 10 CFR 50.12. In accordance with 10 CFR 
50.12(a)(1), the NRC is authorized to grant an exemption upon 
determining that the exemption is authorized by law, will not present 
an undue risk to the public health and safety, and is consistent with 
the common defense and security.

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the environmental impact of 
the proposed action. The staff has concluded that such actions would 
not adversely affect the environment. The proposed action would not 
result in an increased radiological hazard. There will be no change to 
the radioactive effluent releases that effect radiation exposures to 
plant workers and members of the public. No changes will be made to 
plant structures or the site property. Therefore, no changes or 
different types of radiological impacts are expected as a result of the 
proposed exemptions.
    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 or 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 historical and cultural 
resources. There would be no impact to socioeconomic resources. 
Therefore, no changes or different types of non-radiological 
environmental impacts are expected as a result of the proposed 
exemptions.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action. The details 
of the staff's safety evaluation will be provided in the exemption, 
when it is issued.

Environmental Impacts of the Alternatives to the Proposed Action

    As alternatives to the proposed action, the NRC staff is 
considering denial of the proposed action (i.e., the ``no-action'' 
alternative) or requiring the licensee to modify the facility to 
achieve compliance with Appendix R. Denial of the application would 
result in no change in current environmental impacts. Modification of 
the facility may result in minor increases in local traffic from 
contractors hired to work at the facility. This would be considerably 
fewer than the large number of contractors that are hired for about 30 
days every spring to assist with the refueling outages at the facility. 
The environmental impacts of the proposed action and the alternative 
actions 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 
IP2, dated September 30, 1972, or the Final Environmental Statement for 
IP3, dated February 28, 1975.

Agencies and Persons Consulted

    In accordance with its stated policy, on February 8, 2011, the 
staff consulted with the New York State (NYS) official, at the NYS 
Energy Research and Development Authority, regarding the environmental 
impact of the proposed action. The NYS official provided comments by 
email dated May 11, 2011 (ADAMS Accession No. ML112010063). NYS opposed 
the granting of the requested exemptions to the licensee. NYS also 
stated an opinion that the public should be offered an opportunity to 
comment on the environmental impacts and potential alternatives to the 
proposed action. The NRC staff notes that there is no legal requirement 
to solicit public comment on exemption requests, and none has been 
solicited in this case. This exemption request will not have a 
significant effect on the environment, as the largest impact would be a 
small number of additional contractors working at the facility. The 
remainder of the NYS comments

[[Page 74834]]

concerned compliance with the NRC's fire protection rules, and will be 
addressed in a separate letter.

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 March 6, 2009, as supplemented by letters 
dated October 1, 2009, May 4, 2010, September 29, 2010, January 19, 
2011, February 10, 2011, and May 26, 2011. The licensee's applications 
and supplemental submissions are accessible electronically from the 
Agencywide Documents Access and Management System (ADAMS) with 
Accession Nos. ML090770151, ML090760993, ML092810230, ML092810231, 
ML101320230, ML101320263, ML102930237, ML102930234, ML110310013, 
ML110310242, ML110540321, ML110540322, ML11158A196, and ML11158A197. 
Publicly available versions of the 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 documents 
created or received at the NRC are accessible electronically through 
the Agencywide Documents Access and Management System (ADAMS) in the 
NRC Library at http://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 email to 
pdr.resource@nrc.gov.

    Dated at Rockville, Maryland, this 21st day of November 2011.

    For the Nuclear Regulatory Commission.
John P. Boska,
Senior Project Manager, Plant Licensing Branch I-1, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-30901 Filed 11-30-11; 8:45 am]
BILLING CODE 7590-01-P