80_FR_11273 80 FR 11233 - Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear Generating Plant

80 FR 11233 - Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear Generating Plant

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11233-11236
FR Document2015-04288

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of exemptions in response to a request from Duke Energy Florida, Inc. (DEF, the licensee) that would permit the licensee to reduce its emergency planning (EP) activities at the Crystal River Unit 3 Nuclear Generating Plant (CR-3). CR-3 has been shut down since September 26, 2009, and the final removal of fuel from the reactor vessel was completed on May 28, 2011. By letter dated February 20, 2013, DEF submitted a certification to the NRC of permanent cessation of power operations and the removal of fuel from the reactor vessel. The licensee is seeking exemptions that would eliminate the requirements to maintain offsite radiological emergency plans and reduce some of the onsite EP activities based on the reduced risks at the permanently shutdown and defueled reactor. Offsite EP provisions would still exist using a comprehensive emergency management plan process. The NRC staff is issuing a final environmental assessment (EA) and final finding of no significant impact (FONSI) associated with the proposed exemptions.

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11233-11236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04288]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-302; NRC-2015-0042]


Duke Energy Florida, Inc.; Crystal River Unit 3 Nuclear 
Generating Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions in response to a request from Duke Energy 
Florida, Inc. (DEF, the licensee) that would permit the licensee to 
reduce its emergency planning (EP) activities at the Crystal River Unit 
3 Nuclear Generating Plant (CR-3). CR-3 has been shut down since 
September 26, 2009, and the final removal of fuel from the reactor 
vessel was completed on May 28, 2011. By letter dated February 20, 
2013, DEF

[[Page 11234]]

submitted a certification to the NRC of permanent cessation of power 
operations and the removal of fuel from the reactor vessel. The 
licensee is seeking exemptions that would eliminate the requirements to 
maintain offsite radiological emergency plans and reduce some of the 
onsite EP activities based on the reduced risks at the permanently 
shutdown and defueled reactor. Offsite EP provisions would still exist 
using a comprehensive emergency management plan process. The NRC staff 
is issuing a final environmental assessment (EA) and final finding of 
no significant impact (FONSI) associated with the proposed exemptions.

DATES: The EA and FONSI referenced in this document are available on 
March 2, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0042 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0042. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 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.
     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: Michael D. Orenak, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-3229; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Crystal River Unit 3 Nuclear Generating Plant (CR-3) is a 
permanently shutdown and defueled power reactor in the process of 
decommissioning. CR-3 is located in Citrus County, Florida, 80 miles 
north of Tampa, FL. Duke Energy Florida, Inc. (DEF, the licensee) is 
the holder of Facility Operating License No. DPR-72 for CR-3. CR-3 has 
been shut down since September 26, 2009, and the final removal of fuel 
from the reactor vessel was completed on May 28, 2011. By letter dated 
February 20, 2013, DEF submitted a certification to the NRC of 
permanent cessation of power operations and the removal of fuel from 
the reactor vessel. As a permanently shutdown and defueled facility, 
and pursuant to section 50.82(a)(2) of Title 10 of the Code of Federal 
Regulations (10 CFR), CR-3 is no longer authorized to be operated or to 
have fuel placed into its reactor vessel, but the licensee is still 
authorized to possess and store irradiated nuclear fuel. Irradiated 
fuel is currently stored onsite at CR-3 in a spent fuel pool (SFP). The 
licensee has requested exemptions from certain emergency planning (EP) 
requirements in 10 CFR part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' for CR-3. The NRC regulations concerning EP 
do not recognize the reduced risks after a reactor is permanently shut 
down and defueled. A permanently shutdown reactor, such as CR-3, must 
continue to maintain the same EP requirements as an operating power 
reactor under the existing regulatory requirements. To establish a 
level of EP commensurate with the reduced risks of a permanently 
shutdown and defueled reactor, DEF requires exemptions from certain EP 
regulatory requirements before it can change its emergency plans.
    The NRC is considering issuance of exemptions to DEF from portions 
of 10 CFR 50.47, ``Emergency plans,'' and 10 CFR part 50, appendix E, 
``Emergency Planning and Preparedness for Production and Utilization 
Facilities,'' which would permit DEF to modify its emergency plan to 
eliminate the requirements to maintain offsite radiological emergency 
plans and reduce some of the onsite EP activities based on the reduced 
risks at CR-3, due to its permanently shutdown and defueled status. 
Consistent with 10 CFR 51.21, the NRC has reviewed the requirements in 
10 CFR 51.20(b) and 10 CFR 51.22(c) and determined that an 
environmental assessment (EA) is the appropriate form of environmental 
review for the requested action. Based on the results of the EA, which 
is provided in Section II of this document, the NRC has determined not 
to prepare an environmental impact statement for the proposed action, 
and is issuing a finding of no significant impact.

II. Environmental Assessment

Identification of the Proposed Action

    The proposed action would exempt DEF from meeting certain 
requirements set forth in 10 CFR 50.47 and appendix E to 10 CFR part 
50. More specifically, DEF requested exemptions from (1) certain 
requirements in 10 CFR 50.47(b) regarding onsite and offsite emergency 
response plans for nuclear power reactors, (2) certain requirements in 
10 CFR 50.47(c)(2) to establish plume exposure and ingestion pathway EP 
zones for nuclear power reactors, and (3) certain requirements in 10 
CFR part 50, appendix E, section IV, which establishes the elements 
that make up the content of emergency plans. The proposed action of 
granting these exemptions would result in the elimination of the 
requirements for the licensee to maintain offsite radiological 
emergency plans and reduce some of the onsite EP activities at CR-3, 
based on the reduced risks at the permanently shutdown and defueled 
reactor. However, requirements for certain onsite capabilities to 
communicate and coordinate with offsite response authorities will be 
retained. If necessary, offsite protective actions could still be 
implemented using a comprehensive emergency management plan (CEMP) 
process. A CEMP in this context, also referred to as an emergency 
operations plan (EOP), is addressed in the Federal Emergency Management 
Agency's Comprehensive Preparedness Guide (CPG) 101, ``Developing and 
Maintaining Emergency Operations Plans.'' The CPG 101 is the foundation 
for State, territorial, tribal, and local EP in the United States. It 
promotes a common understanding of the fundamentals of risk-informed 
planning and decisionmaking, and helps planners at all levels of 
government in their efforts to develop and maintain viable, all-
hazards, all-threats emergency plans. An EOP is flexible enough for use 
in all emergencies. It describes how people and property will be 
protected; details regarding who is responsible for carrying out 
specific actions; identifies the personnel, equipment, facilities, 
supplies, and other resources available; and outlines how all actions 
will be coordinated. A CEMP is often referred to as a synonym for ``all 
hazards planning.''

[[Page 11235]]

    The proposed action is in accordance with the licensee's 
application dated September 26, 2013, ``Permanently Defueled Emergency 
Plan and Emergency Action Level Scheme, and Request for Exemption to 
Certain Radiological Emergency Response Plan Requirements Defined by 10 
CFR [Part] 50'' (ADAMS Accession No. ML13274A584), as supplemented by 
letters dated March 28, 2014, and August 28, 2014. In its letter dated 
March 28, 2014 (ADAMS Accession No. ML14098A072), DEF provided 
responses to the NRC staff's request for additional information 
concerning the proposed exemptions. In its letter dated August 28, 2014 
(ADAMS Accession No. ML14251A237), DEF provided a supplement, which 
amended its request to align with the exemptions approved in Staff 
Requirements Memorandum to SECY-14-0066 (ADAMS Accession No. 
ML14219A366).

Need for the Proposed Action

    The proposed action is needed for DEF to revise the CR-3 emergency 
plan to reflect the permanently shutdown and defueled status of the 
facility. The EP requirements currently applicable to CR-3 are for an 
operating power reactor. There are no explicit regulatory provisions 
distinguishing EP requirements for a power reactor that has been 
permanently shutdown from those for an operating power reactor. 
Therefore, since the 10 CFR part 50 license for CR-3 no longer 
authorizes operation of the reactor or emplacement or retention of fuel 
into the reactor vessel as specified in 10 CFR 50.82(a)(2), the 
occurrence of postulated accidents associated with reactor operation is 
no longer credible.
    In its exemption request, the licensee identified six possible 
radiological accidents at CR-3 in its permanently shut down and 
defueled condition. These are (1) a fuel handling accident, (2) a 
radioactive waste handling accident, (3) a loss of SFP normal cooling 
(boil off), (4) a loss of SFP inventory with air-cooling, (5) an 
adiabatic heatup of the hottest fuel assembly, and (6) a loss of SFP 
inventory radiation dose. The NRC staff evaluated these possible 
radiological accidents in the Commission Paper (SECY) 14-0118, 
``Request by Duke Energy Florida, Inc., for Exemptions from Certain 
Emergency Planning Requirements,'' dated October 29, 2014 (ADAMS 
Accession No. ML14219A444). In SECY-14-0118, the staff verified that 
DEF's analyses and calculations provide reasonable assurance that if 
the requested exemptions were granted, then (1) for a design-basis 
accident (DBA), an offsite radiological release will not exceed the 
Environmental Protection Agency's (EPA) Protective Action Guides (PAGs) 
at the exclusion area boundary, as detailed in the EPA ``PAG Manual, 
Protective Action Guides and Planning Guidance for Radiological 
Incidents,'' dated March 2013, which was issued as Draft for Interim 
Use and Public Comment; and, (2) in the unlikely event of a beyond DBA 
resulting in a loss of all SFP cooling, there is sufficient time to 
initiate appropriate mitigating actions, and in the unlikely event that 
a release is projected to occur, there is sufficient time for offsite 
agencies to take protective actions using a CEMP to protect the health 
and safety of the public. The Commission approved the NRC staff's 
recommendation to grant the exemptions in the Staff Requirements 
Memorandum to SECY-14-0118, dated December 30, 2014 (ADAMS Accession 
No. ML14364A111).
    Based on these analyses, the licensee states that complete 
application of the EP rule, in its particular circumstances as a 
permanently shutdown and defueled reactor with sufficiently cooled 
spent fuel in its spent fuel pool, would not serve the underlying 
purpose of the rule or is not necessary to achieve the underlying 
purpose of the rule. DEF also states that it would incur undue costs in 
the application of operating plant EP requirements for the maintenance 
of an emergency response organization in excess of that actually needed 
to respond to the diminished scope of credible accidents for a 
permanently shutdown and defueled reactor, with sufficiently cooled 
spent fuel in its spent fuel pool.

Environmental Impacts of the Proposed Action

    The NRC staff concluded that the exemptions, if granted, will not 
significantly increase the probability or consequences of accidents at 
CR-3 in its permanently shutdown and defueled condition. There will be 
no significant change in the types of any effluents that may be 
released offsite. There will be no significant increase in the amounts 
of any effluents that may be released offsite. There will be no 
significant increase in individual or cumulative occupational or public 
radiation exposure. Therefore, there are no significant radiological 
environmental impacts associated with the proposed action.
    With regards to potential non-radiological impacts, the proposed 
action does not have any foreseeable impacts to land, air, or water 
resources, including impacts to biota. In addition, there are also no 
known socioeconomic or environmental justice impacts associated with 
the proposed action. Therefore, there are no significant non-
radiological environmental impacts associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the application would result in no change in current 
environmental impacts. Therefore, the environmental impacts of the 
proposed action and the alternative action are similar.

Alternative Use of Resources

    The proposed action does not involve the use of any different 
resources than those previously considered in the Final Environmental 
Statement for CR-3, dated May 1973 (ADAMS Accession No. ML091520178).

Agencies or Persons Consulted

    The NRC staff did not enter into consultation with any other 
Federal agency or with the State of Florida regarding the environmental 
impact of the proposed action. On January 20, 2015, the Florida state 
representative was notified of this EA and FONSI and did not provide 
any comments.

III. Finding of No Significant Impact

    The licensee has proposed exemptions from (1) certain requirements 
in 10 CFR 50.47(b) regarding onsite and offsite emergency response 
plans for nuclear power reactors; (2) certain requirements in 10 CFR 
50.47(c)(2) to establish plume exposure and ingestion pathway EP zones 
for nuclear power reactors; and (3) certain requirements in 10 CFR part 
50, appendix E, section IV, which establishes the elements that make up 
the content of emergency plans. The proposed action of granting these 
exemptions would result in the elimination of the requirements for the 
licensee to maintain offsite radiological emergency plans and reduce 
some of the onsite EP activities at CR-3, based on the reduced risks at 
the permanently shutdown and defueled reactor. However, requirements 
for certain onsite capabilities to communicate and coordinate with 
offsite response authorities will be retained.
    Consistent with 10 CFR 51.21, the NRC conducted the EA for the 
proposed

[[Page 11236]]

action included in Section II of this document and incorporated by 
reference in this finding. On the basis of this 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 decided not 
to prepare an environmental impact statement for the proposed action.
    This EA and FONSI is based on the licensee's letter dated September 
26, 2013, as supplemented by letters dated March 28, 2014, and August 
28, 2014. Otherwise, there are no other environmental documents 
associated with this review. These documents are available for public 
inspection as indicated above.

    Dated at Rockville, Maryland, this 23rd day of February, 2015.

    For the Nuclear Regulatory Commission.
Meena K. Khanna,
Chief, Plant Licensing IV-2 and Decommissioning Transition Branch, 
Division of Operating Reactor Licensing, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2015-04288 Filed 2-27-15; 8:45 am]
BILLING CODE 7590-01-P



                                                                                   Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices                                                   11233

                                                       2. Department of Defense, National                   related to the importation of firearms                news releases, video recordings, and
                                                    Reconnaissance Office; Department of                    and ammunition.                                       event photographs.
                                                    Defense, National Geospatial-                              11. Department of Justice, Bureau of                  21. National Archives and Records
                                                    Intelligence Agency; Department of                      Alcohol, Tobacco, Firearms, and                       Administration, Government-wide
                                                    Defense, National Security Agency (N1–                  Explosives (DAA–0436–2012–0010, 9                     (DAA–GRS–2014–0002, 20 items, 20
                                                    525–13–2, 4 items, 4 temporary items).                  items, 9 temporary items). Records                    temporary items). General Records
                                                    Routine human resources records                         related to firearms registration and                  Schedule for employee acquisition
                                                    associated with a multi-mission ground                  taxation. Records also include master                 records including classification
                                                    station.                                                files and outputs of electronic                       standards, position descriptions,
                                                       3. Department of Defense, National                   information systems used in the                       classification appeals, job vacancy case
                                                    Reconnaissance Office; Department of                    administration of a firearms registration             files and application packages,
                                                    Defense, National Geospatial-                           program.                                              interview records, political appointment
                                                    Intelligence Agency; Department of                         12. Department of Justice, Bureau of               records, special hiring authority
                                                    Defense, National Security Agency (N1–                  Alcohol, Tobacco, Firearms, and                       program records, and pre-appointment
                                                    525–14–2, 3 items, 3 temporary items).                  Explosives (DAA–0436–2012–0011, 2                     records.
                                                    Project files and routine information                   items, 2 temporary items). Master files                  22. National Archives and Records
                                                    technology records associated with a                    and outputs of an electronic information              Administration, Government-wide
                                                    multi-mission ground station.                           system used to manage investigative                   (DAA–GRS–2015–0002, 3 items, 3
                                                       4. Department of Defense, National                   case files.                                           temporary items). General Records
                                                    Reconnaissance Office; Department of                       13. Department of State, Bureau of                 Schedule for classified information
                                                    Defense, National Geospatial-                           Diplomatic Security (N1–59–11–13, 7                   nondisclosure agreements and files
                                                    Intelligence Agency; Department of                      items, 7 temporary items). Records of                 relating to the inadvertent release of
                                                    Defense, National Security Agency (N1–                  the Office of Investigations and                      privileged information to unauthorized
                                                    525–14–3, 11 items, 11 temporary                        Counterintelligence including                         parties.
                                                    items). Routine environmental safety,                   assessments, reports, administrative                     23. Office of the Federal Coordinator
                                                    health and wellness, facilities, and                    files, and investigative case files.                  for Alaska Natural Gas Transportation
                                                    logistics records associated with a                        14. Department of Transportation,                  Projects, Agency-wide (N1–596–15–1, 9
                                                    multi-mission ground station.                           Federal Highway Administration (DAA–                  items, 4 temporary items). Records
                                                       5. Department of Defense, National                   0406–2013–0001, 2 items, 2 temporary                  include correspondence, policy
                                                    Reconnaissance Office; Department of                    items). Experimental project files and                memorandums, and pilot project files.
                                                    Defense, National Geospatial-                           test and evaluation project files.                    Proposed for permanent retention are
                                                    Intelligence Agency; Department of                         15. Department of Transportation,                  records of the executive leadership,
                                                    Defense, National Security Agency (N1–                  Federal Highway Administration (DAA–                  white papers, speeches, publications,
                                                    525–14–4, 7 items, 7 temporary items).                  0406–2014–0001, 3 items, 3 temporary                  and public presentations.
                                                    Routine physical security records and                   items). Content records of agency social                Dated: February 23, 2015.
                                                    information security records associated                 networking Web sites.                                 Paul M. Wester Jr.,
                                                    with a multi-mission ground station.                       16. Department of Transportation,                  Chief Records Officer for the U.S.
                                                       6. Department of Homeland Security,                  Federal Highway Administration (DAA–                  Government.
                                                    Transportation Security Administration                  0406–2014–0002, 3 items, 3 temporary                  [FR Doc. 2015–04235 Filed 2–27–15; 8:45 am]
                                                    (DAA–0560–2013–0001, 1 item, 1                          items). Loan and grant files.                         BILLING CODE 7515–01–P
                                                    temporary item). Master files of an                        17. Department of Transportation,
                                                    electronic information system used to                   Federal Motor Carrier Safety
                                                    track the collection and disposal of                    Administration (DAA–0557–2013–0003,                   NUCLEAR REGULATORY
                                                    hazardous materials collected at                        1 item, 1 temporary item). Master files               COMMISSION
                                                    screening checkpoints.                                  of an electronic information system
                                                       7. Department of Homeland Security,                  used to track safety performance and                  [Docket No. 50–302; NRC–2015–0042]
                                                    Transportation Security Administration                  compliance histories.
                                                    (DAA–0560–2013–0004, 1 item, 1                             18. Export-Import Bank of the United               Duke Energy Florida, Inc.; Crystal
                                                    temporary item). Master files of an                     States, Agency-wide (DAA–0275–2015–                   River Unit 3 Nuclear Generating Plant
                                                    electronic information system used to                   0001, 1 item, 1 temporary item).                      AGENCY:  Nuclear Regulatory
                                                    track occupational health information.                  Compliance documents, final                           Commission.
                                                       8. Department of Homeland Security,                  agreements, and other transaction                     ACTION: Environmental assessment and
                                                    Transportation Security Administration                  records.                                              finding of no significant impact;
                                                    (DAA–0560–2013–0009, 2 items, 2                            19. Federal Communications                         issuance.
                                                    temporary items). Records related to                    Commission, Office of Media Relations
                                                    performance audits at screening                         (DAA–0173–2015–0001, 1 item, 1                        SUMMARY:   The U.S. Nuclear Regulatory
                                                    locations.                                              temporary item). Content records of                   Commission (NRC) is considering
                                                       9. Department of Justice, Bureau of                  agency social networking Web sites.                   issuance of exemptions in response to a
                                                    Alcohol, Tobacco, Firearms, and                            20. James Madison Memorial                         request from Duke Energy Florida, Inc.
                                                    Explosives (DAA–0436–2012–0005, 2                       Fellowship Foundation, Agency-wide                    (DEF, the licensee) that would permit
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    items, 2 temporary items). Master files                 (N1–508–15–1, 17 items, 8 temporary                   the licensee to reduce its emergency
                                                    and outputs of an electronic information                items). Routine and uncaptioned                       planning (EP) activities at the Crystal
                                                    system used to process background                       photographs, compliance reports,                      River Unit 3 Nuclear Generating Plant
                                                    checks for firearms purchases.                          fellowship applications, administrative               (CR–3). CR–3 has been shut down since
                                                       10. Department of Justice, Bureau of                 files, recipient financial records, and               September 26, 2009, and the final
                                                    Alcohol, Tobacco, Firearms, and                         Web site records. Proposed for                        removal of fuel from the reactor vessel
                                                    Explosives (DAA–0436–2012–0009, 2                       permanent retention are records of                    was completed on May 28, 2011. By
                                                    items, 2 temporary items). Records                      executive leadership, publications,                   letter dated February 20, 2013, DEF


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                                                    11234                          Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    submitted a certification to the NRC of                 I. Introduction                                       on the results of the EA, which is
                                                    permanent cessation of power                               Crystal River Unit 3 Nuclear                       provided in Section II of this document,
                                                    operations and the removal of fuel from                 Generating Plant (CR–3) is a                          the NRC has determined not to prepare
                                                    the reactor vessel. The licensee is                     permanently shutdown and defueled                     an environmental impact statement for
                                                    seeking exemptions that would                           power reactor in the process of                       the proposed action, and is issuing a
                                                    eliminate the requirements to maintain                  decommissioning. CR–3 is located in                   finding of no significant impact.
                                                    offsite radiological emergency plans and                Citrus County, Florida, 80 miles north of
                                                    reduce some of the onsite EP activities                                                                       II. Environmental Assessment
                                                                                                            Tampa, FL. Duke Energy Florida, Inc.
                                                    based on the reduced risks at the                       (DEF, the licensee) is the holder of                  Identification of the Proposed Action
                                                    permanently shutdown and defueled                       Facility Operating License No. DPR–72
                                                    reactor. Offsite EP provisions would still              for CR–3. CR–3 has been shut down                        The proposed action would exempt
                                                    exist using a comprehensive emergency                   since September 26, 2009, and the final               DEF from meeting certain requirements
                                                    management plan process. The NRC                        removal of fuel from the reactor vessel               set forth in 10 CFR 50.47 and appendix
                                                    staff is issuing a final environmental                  was completed on May 28, 2011. By                     E to 10 CFR part 50. More specifically,
                                                    assessment (EA) and final finding of no                 letter dated February 20, 2013, DEF                   DEF requested exemptions from (1)
                                                    significant impact (FONSI) associated                   submitted a certification to the NRC of               certain requirements in 10 CFR 50.47(b)
                                                    with the proposed exemptions.                           permanent cessation of power                          regarding onsite and offsite emergency
                                                    DATES: The EA and FONSI referenced in                   operations and the removal of fuel from               response plans for nuclear power
                                                    this document are available on March 2,                 the reactor vessel. As a permanently                  reactors, (2) certain requirements in 10
                                                    2015.                                                   shutdown and defueled facility, and                   CFR 50.47(c)(2) to establish plume
                                                    ADDRESSES: Please refer to Docket ID                    pursuant to section 50.82(a)(2) of Title              exposure and ingestion pathway EP
                                                    NRC–2015–0042 when contacting the                       10 of the Code of Federal Regulations                 zones for nuclear power reactors, and
                                                    NRC about the availability of                           (10 CFR), CR–3 is no longer authorized                (3) certain requirements in 10 CFR part
                                                    information regarding this document.                    to be operated or to have fuel placed                 50, appendix E, section IV, which
                                                    You may obtain publicly-available                       into its reactor vessel, but the licensee             establishes the elements that make up
                                                    information related to this document                    is still authorized to possess and store              the content of emergency plans. The
                                                    using any of the following methods:                     irradiated nuclear fuel. Irradiated fuel is           proposed action of granting these
                                                       • Federal Rulemaking Web site: Go to                 currently stored onsite at CR–3 in a                  exemptions would result in the
                                                    http://www.regulations.gov and search                   spent fuel pool (SFP). The licensee has               elimination of the requirements for the
                                                    for Docket ID NRC–2015–0042. Address                    requested exemptions from certain                     licensee to maintain offsite radiological
                                                    questions about NRC dockets to Carol                    emergency planning (EP) requirements                  emergency plans and reduce some of the
                                                    Gallagher; telephone: 301–415–3463;                     in 10 CFR part 50, ‘‘Domestic Licensing               onsite EP activities at CR–3, based on
                                                    email: Carol.Gallagher@nrc.gov. For                     of Production and Utilization                         the reduced risks at the permanently
                                                    technical questions, contact the                        Facilities,’’ for CR–3. The NRC                       shutdown and defueled reactor.
                                                    individual listed in the FOR FURTHER                    regulations concerning EP do not                      However, requirements for certain
                                                    INFORMATION CONTACT section of this                     recognize the reduced risks after a                   onsite capabilities to communicate and
                                                    document.                                               reactor is permanently shut down and                  coordinate with offsite response
                                                       • NRC’s Agencywide Documents                         defueled. A permanently shutdown                      authorities will be retained. If necessary,
                                                    Access and Management System                            reactor, such as CR–3, must continue to               offsite protective actions could still be
                                                    (ADAMS): You may obtain publicly-                       maintain the same EP requirements as                  implemented using a comprehensive
                                                    available documents online in the                       an operating power reactor under the                  emergency management plan (CEMP)
                                                    ADAMS Public Documents collection at                    existing regulatory requirements. To                  process. A CEMP in this context, also
                                                    http://www.nrc.gov/reading-rm/                          establish a level of EP commensurate                  referred to as an emergency operations
                                                    adams.html. To begin the search, select                 with the reduced risks of a permanently               plan (EOP), is addressed in the Federal
                                                    ‘‘ADAMS Public Documents’’ and then                     shutdown and defueled reactor, DEF                    Emergency Management Agency’s
                                                    select ‘‘Begin Web-based ADAMS                          requires exemptions from certain EP                   Comprehensive Preparedness Guide
                                                    Search.’’ For problems with ADAMS,                      regulatory requirements before it can                 (CPG) 101, ‘‘Developing and
                                                    please contact the NRC’s Public                         change its emergency plans.                           Maintaining Emergency Operations
                                                    Document Room (PDR) reference staff at                     The NRC is considering issuance of                 Plans.’’ The CPG 101 is the foundation
                                                    1–800–397–4209, 301–415–4737, or by                     exemptions to DEF from portions of 10                 for State, territorial, tribal, and local EP
                                                    email to pdr.resource@nrc.gov. The                      CFR 50.47, ‘‘Emergency plans,’’ and 10                in the United States. It promotes a
                                                    ADAMS accession number for each                         CFR part 50, appendix E, ‘‘Emergency                  common understanding of the
                                                    document referenced in this document                    Planning and Preparedness for                         fundamentals of risk-informed planning
                                                    (if that document is available in                       Production and Utilization Facilities,’’              and decisionmaking, and helps planners
                                                    ADAMS) is provided the first time that                  which would permit DEF to modify its                  at all levels of government in their
                                                    a document is referenced.                               emergency plan to eliminate the                       efforts to develop and maintain viable,
                                                       • NRC’s PDR: You may examine and                     requirements to maintain offsite                      all-hazards, all-threats emergency plans.
                                                    purchase copies of public documents at                  radiological emergency plans and                      An EOP is flexible enough for use in all
                                                    the NRC’s PDR, Room O1–F21, One                         reduce some of the onsite EP activities               emergencies. It describes how people
                                                    White Flint North, 11555 Rockville                      based on the reduced risks at CR–3, due               and property will be protected; details
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                                                    Pike, Rockville, Maryland 20852.                        to its permanently shutdown and                       regarding who is responsible for
                                                    FOR FURTHER INFORMATION CONTACT:                        defueled status. Consistent with 10 CFR               carrying out specific actions; identifies
                                                    Michael D. Orenak, Office of Nuclear                    51.21, the NRC has reviewed the                       the personnel, equipment, facilities,
                                                    Reactor Regulation, U.S. Nuclear                        requirements in 10 CFR 51.20(b) and 10                supplies, and other resources available;
                                                    Regulatory Commission, Washington DC                    CFR 51.22(c) and determined that an                   and outlines how all actions will be
                                                    20555–0001; telephone: 301–415–3229;                    environmental assessment (EA) is the                  coordinated. A CEMP is often referred to
                                                    email: Michael.Orenak@nrc.gov.                          appropriate form of environmental                     as a synonym for ‘‘all hazards
                                                    SUPPLEMENTARY INFORMATION:                              review for the requested action. Based                planning.’’


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                                                                                   Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices                                             11235

                                                       The proposed action is in accordance                 (DBA), an offsite radiological release                there are also no known socioeconomic
                                                    with the licensee’s application dated                   will not exceed the Environmental                     or environmental justice impacts
                                                    September 26, 2013, ‘‘Permanently                       Protection Agency’s (EPA) Protective                  associated with the proposed action.
                                                    Defueled Emergency Plan and                             Action Guides (PAGs) at the exclusion                 Therefore, there are no significant non-
                                                    Emergency Action Level Scheme, and                      area boundary, as detailed in the EPA                 radiological environmental impacts
                                                    Request for Exemption to Certain                        ‘‘PAG Manual, Protective Action Guides                associated with the proposed action.
                                                    Radiological Emergency Response Plan                    and Planning Guidance for Radiological                  Accordingly, the NRC concludes that
                                                    Requirements Defined by 10 CFR [Part]                   Incidents,’’ dated March 2013, which                  there are no significant environmental
                                                    50’’ (ADAMS Accession No.                               was issued as Draft for Interim Use and               impacts associated with the proposed
                                                    ML13274A584), as supplemented by                        Public Comment; and, (2) in the                       action.
                                                    letters dated March 28, 2014, and                       unlikely event of a beyond DBA
                                                                                                                                                                  Environmental Impacts of the
                                                    August 28, 2014. In its letter dated                    resulting in a loss of all SFP cooling,
                                                                                                                                                                  Alternatives to the Proposed Action
                                                    March 28, 2014 (ADAMS Accession No.                     there is sufficient time to initiate
                                                    ML14098A072), DEF provided                              appropriate mitigating actions, and in                   As an alternative to the proposed
                                                    responses to the NRC staff’s request for                the unlikely event that a release is                  action, the staff considered denial of the
                                                    additional information concerning the                   projected to occur, there is sufficient               proposed action (i.e., the ‘‘no-action’’
                                                    proposed exemptions. In its letter dated                time for offsite agencies to take                     alternative). Denial of the application
                                                    August 28, 2014 (ADAMS Accession                        protective actions using a CEMP to                    would result in no change in current
                                                    No. ML14251A237), DEF provided a                        protect the health and safety of the                  environmental impacts. Therefore, the
                                                    supplement, which amended its request                   public. The Commission approved the                   environmental impacts of the proposed
                                                    to align with the exemptions approved                   NRC staff’s recommendation to grant the               action and the alternative action are
                                                    in Staff Requirements Memorandum to                     exemptions in the Staff Requirements                  similar.
                                                    SECY–14–0066 (ADAMS Accession No.                       Memorandum to SECY–14–0118, dated
                                                                                                                                                                  Alternative Use of Resources
                                                    ML14219A366).                                           December 30, 2014 (ADAMS Accession
                                                                                                            No. ML14364A111).                                       The proposed action does not involve
                                                    Need for the Proposed Action                               Based on these analyses, the licensee              the use of any different resources than
                                                       The proposed action is needed for                    states that complete application of the               those previously considered in the Final
                                                    DEF to revise the CR–3 emergency plan                   EP rule, in its particular circumstances              Environmental Statement for CR–3,
                                                    to reflect the permanently shutdown                     as a permanently shutdown and                         dated May 1973 (ADAMS Accession No.
                                                    and defueled status of the facility. The                defueled reactor with sufficiently cooled             ML091520178).
                                                    EP requirements currently applicable to                 spent fuel in its spent fuel pool, would
                                                    CR–3 are for an operating power reactor.                                                                      Agencies or Persons Consulted
                                                                                                            not serve the underlying purpose of the
                                                    There are no explicit regulatory                        rule or is not necessary to achieve the                 The NRC staff did not enter into
                                                    provisions distinguishing EP                            underlying purpose of the rule. DEF also              consultation with any other Federal
                                                    requirements for a power reactor that                   states that it would incur undue costs in             agency or with the State of Florida
                                                    has been permanently shutdown from                      the application of operating plant EP                 regarding the environmental impact of
                                                    those for an operating power reactor.                   requirements for the maintenance of an                the proposed action. On January 20,
                                                    Therefore, since the 10 CFR part 50                     emergency response organization in                    2015, the Florida state representative
                                                    license for CR–3 no longer authorizes                   excess of that actually needed to                     was notified of this EA and FONSI and
                                                    operation of the reactor or emplacement                 respond to the diminished scope of                    did not provide any comments.
                                                    or retention of fuel into the reactor                   credible accidents for a permanently                  III. Finding of No Significant Impact
                                                    vessel as specified in 10 CFR                           shutdown and defueled reactor, with
                                                    50.82(a)(2), the occurrence of postulated               sufficiently cooled spent fuel in its                    The licensee has proposed
                                                    accidents associated with reactor                       spent fuel pool.                                      exemptions from (1) certain
                                                    operation is no longer credible.                                                                              requirements in 10 CFR 50.47(b)
                                                       In its exemption request, the licensee               Environmental Impacts of the Proposed                 regarding onsite and offsite emergency
                                                    identified six possible radiological                    Action                                                response plans for nuclear power
                                                    accidents at CR–3 in its permanently                      The NRC staff concluded that the                    reactors; (2) certain requirements in 10
                                                    shut down and defueled condition.                       exemptions, if granted, will not                      CFR 50.47(c)(2) to establish plume
                                                    These are (1) a fuel handling accident,                 significantly increase the probability or             exposure and ingestion pathway EP
                                                    (2) a radioactive waste handling                        consequences of accidents at CR–3 in its              zones for nuclear power reactors; and
                                                    accident, (3) a loss of SFP normal                      permanently shutdown and defueled                     (3) certain requirements in 10 CFR part
                                                    cooling (boil off), (4) a loss of SFP                   condition. There will be no significant               50, appendix E, section IV, which
                                                    inventory with air-cooling, (5) an                      change in the types of any effluents that             establishes the elements that make up
                                                    adiabatic heatup of the hottest fuel                    may be released offsite. There will be no             the content of emergency plans. The
                                                    assembly, and (6) a loss of SFP                         significant increase in the amounts of                proposed action of granting these
                                                    inventory radiation dose. The NRC staff                 any effluents that may be released                    exemptions would result in the
                                                    evaluated these possible radiological                   offsite. There will be no significant                 elimination of the requirements for the
                                                    accidents in the Commission Paper                       increase in individual or cumulative                  licensee to maintain offsite radiological
                                                    (SECY) 14–0118, ‘‘Request by Duke                       occupational or public radiation                      emergency plans and reduce some of the
                                                    Energy Florida, Inc., for Exemptions                    exposure. Therefore, there are no                     onsite EP activities at CR–3, based on
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                                                    from Certain Emergency Planning                         significant radiological environmental                the reduced risks at the permanently
                                                    Requirements,’’ dated October 29, 2014                  impacts associated with the proposed                  shutdown and defueled reactor.
                                                    (ADAMS Accession No. ML14219A444).                      action.                                               However, requirements for certain
                                                    In SECY–14–0118, the staff verified that                  With regards to potential non-                      onsite capabilities to communicate and
                                                    DEF’s analyses and calculations provide                 radiological impacts, the proposed                    coordinate with offsite response
                                                    reasonable assurance that if the                        action does not have any foreseeable                  authorities will be retained.
                                                    requested exemptions were granted,                      impacts to land, air, or water resources,                Consistent with 10 CFR 51.21, the
                                                    then (1) for a design-basis accident                    including impacts to biota. In addition,              NRC conducted the EA for the proposed


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                                                    11236                          Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    action included in Section II of this                   DATES:  Submit comments by April 1,                   Systems’’, is available in ADAMS under
                                                    document and incorporated by reference                  2015. Requests for a hearing or petition              Accession No. ML15044A471.
                                                    in this finding. On the basis of this EA,               for leave to intervene must be filed by                 • NRC’s PDR: You may examine and
                                                    the NRC concludes that the proposed                     May 1, 2015.                                          purchase copies of public documents at
                                                    action will not have a significant effect               ADDRESSES: You may submit comments                    the NRC’s PDR, Room O1–F21, One
                                                    on the quality of the human                             by any of the following methods (unless               White Flint North, 11555 Rockville
                                                    environment. Accordingly, the NRC has                   this document describes a different                   Pike, Rockville, Maryland 20852.
                                                    decided not to prepare an                               method for submitting comments on a                   B. Submitting Comments
                                                    environmental impact statement for the                  specific subject):
                                                    proposed action.                                                                                                Please include Docket ID NRC–2015–
                                                                                                              • Federal Rulemaking Web site: Go to
                                                       This EA and FONSI is based on the                                                                          0038 in the subject line of your
                                                                                                            http://www.regulations.gov and search
                                                    licensee’s letter dated September 26,                                                                         comment submission, in order to ensure
                                                                                                            for Docket ID NRC–2015–0038. Address
                                                    2013, as supplemented by letters dated                                                                        that the NRC is able to make your
                                                                                                            questions about NRC dockets to Carol
                                                    March 28, 2014, and August 28, 2014.                                                                          comment submission available to the
                                                                                                            Gallagher; telephone: 301–415–3463;
                                                    Otherwise, there are no other                                                                                 public in this docket.
                                                                                                            email: Carol.Gallagher@nrc.gov. For                     The NRC cautions you not to include
                                                    environmental documents associated                      technical questions, contact the
                                                    with this review. These documents are                                                                         identifying or contact information that
                                                                                                            individual listed in the FOR FURTHER                  you do not want to be publicly
                                                    available for public inspection as                      INFORMATION CONTACT section of this
                                                    indicated above.                                                                                              disclosed in your comment submission.
                                                                                                            document.                                             The NRC posts all comment
                                                      Dated at Rockville, Maryland, this 23rd day             • Mail comments to: Cindy Bladey,                   submissions at http://
                                                    of February, 2015.                                      Office of Administration, Mail Stop:                  www.regulations.gov as well as entering
                                                      For the Nuclear Regulatory Commission.                OWFN–12–H08, U.S. Nuclear                             the comment submissions into ADAMS.
                                                    Meena K. Khanna,                                        Regulatory Commission, Washington,                    The NRC does not routinely edit
                                                    Chief, Plant Licensing IV–2 and                         DC 20555–0001.                                        comment submissions to remove
                                                    Decommissioning Transition Branch,                        For additional direction on obtaining               identifying or contact information.
                                                    Division of Operating Reactor Licensing,                information and submitting comments,                    If you are requesting or aggregating
                                                    Office of Nuclear Reactor Regulation.                   see ‘‘Obtaining Information and                       comments from other persons for
                                                    [FR Doc. 2015–04288 Filed 2–27–15; 8:45 am]             Submitting Comments’’ in the                          submission to the NRC, then you should
                                                    BILLING CODE 7590–01–P                                  SUPPLEMENTARY INFORMATION section of                  inform those persons not to include
                                                                                                            this document.                                        identifying or contact information that
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      they do not want to be publicly
                                                    NUCLEAR REGULATORY                                      Douglas V. Pickett, Office of Nuclear                 disclosed in their comment submission.
                                                    COMMISSION                                              Reactor Regulation, U.S. Nuclear                      Your request should state that the NRC
                                                    [Docket No. 50–247; NRC–2015–0038]                      Regulatory Commission, Washington,                    does not routinely edit comment
                                                                                                            DC 20555–0001; telephone: 301–415–                    submissions to remove such information
                                                    Entergy Nuclear Operations, Inc.,                       1364, email: Douglas.Pickett@nrc.gov.                 before making the comment
                                                    Indian Point Nuclear Generating, Unit 2                 SUPPLEMENTARY INFORMATION:                            submissions available to the public or
                                                                                                                                                                  entering the comment submissions into
                                                    AGENCY:  Nuclear Regulatory                             I. Obtaining Information and                          ADAMS.
                                                    Commission.                                             Submitting Comments
                                                    ACTION: License amendment application;
                                                                                                                                                                  I. Introduction
                                                                                                            A. Obtaining Information
                                                    opportunity to comment, request a                                                                                The NRC is considering issuance of an
                                                    hearing, and petition for leave to                         Please refer to Docket ID NRC–2015–                amendment to Facility Operating
                                                    intervene.                                              0038 when contacting the NRC about                    License No. DPR–26, issued to Entergy
                                                                                                            the availability of information for this              Nuclear Operations, Inc., for operation
                                                    SUMMARY:    The U.S. Nuclear Regulatory                 action. You may obtain publicly-                      of the Indian Point Nuclear Generating,
                                                    Commission (NRC) is considering                         available information related to this                 Unit 2, located in Westchester County,
                                                    issuance of an amendment to Facility                    action by any of the following methods:               New York.
                                                    Operating License No. DPR–26, issued                       • Federal Rulemaking Web site: Go to                  The proposed amendment would
                                                    to Entergy Nuclear Operations, Inc., for                http://www.regulations.gov and search                 allow a revision to the acceptance
                                                    operation of the Indian Point Nuclear                   for Docket ID NRC–2015–0038.                          criteria for Surveillance Requirement
                                                    Generating, Unit 2. The proposed                           • NRC’s Agencywide Documents                       3.1.4.2 for Control Rod G–3. During the
                                                    amendment would allow a revision to                     Access and Management System                          last two performances of this
                                                    the acceptance criteria for the                         (ADAMS): You may obtain publicly-                     Surveillance on September 18, 2014,
                                                    Surveillance Requirement 3.1.4.2 for                    available documents online in the                     and December 11, 2014, Control Rod G–
                                                    Control Rod G–3. During the last two                    ADAMS Public Documents collection at                  3 misalignment occurred with
                                                    performances of this Surveillance on                    http://www.nrc.gov/reading-rm/                        Shutdown Bank B group movement as
                                                    September 18, 2014, and December 11,                    adams.html. To begin the search, select               displayed by the Individual Rod
                                                    2014, Control Rod G–3 misalignment                      ‘‘ADAMS Public Documents’’ and then                   Position Indication and Plant
                                                    occurred with Shutdown Bank B group                     select ‘‘Begin Web-based ADAMS                        Instrument Computer System. The
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                                                    movement as displayed by the                            Search.’’ For problems with ADAMS,                    proposed change is to defer subsequent
                                                    Individual Rod Position Indication and                  please contact the NRC’s Public                       testing of the Control Rod G–3 until
                                                    Plant Instrument Computer System. The                   Document Room (PDR) reference staff at                repaired during the next refuel outage
                                                    proposed change is to defer subsequent                  1–800–397–4209, 301–415–4737, or by                   (March 2016) or forced outage long
                                                    testing of the Control Rod G–3 until                    email to pdr.resource@nrc.gov. The                    enough to repair the Control Rod.
                                                    repaired during the next refuel outage                  Proposed License Amendment                               Before any issuance of the proposed
                                                    (March 2016) or forced outage long                      Regarding a Change to Technical                       license amendment, the NRC will need
                                                    enough to repair the Control Rod.                       Specification 3.1.4, ‘‘Reactivity Control             to make the findings required by the


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Document Created: 2015-12-18 12:07:25
Document Modified: 2015-12-18 12:07:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionEnvironmental assessment and finding of no significant impact; issuance.
DatesThe EA and FONSI referenced in this document are available on March 2, 2015.
ContactMichael D. Orenak, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3229; email: [email protected]
FR Citation80 FR 11233 

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