Environmental Assessment; Entergy Nuclear Operations, Inc., Big Rock Point, 58570-58571 [2013-23181]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Notices]
[Pages 58570-58571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23181]



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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 https://www.regulations.gov and search for Docket ID NRC-2013-0218. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. 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 https://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 pdr.resource@nrc.gov. 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: 
pamela.longmire@nrc.gov.

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 https://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 
pdr@nrc.gov.

    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]
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