80_FR_24374 80 FR 24291 - Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station

80 FR 24291 - Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 83 (April 30, 2015)

Page Range24291-24293
FR Document2015-10126

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of exemptions in response to a request from Entergy Nuclear Operations, Inc. (Entergy or the licensee) that would permit the licensee to reduce its emergency planning (EP) activities at the Vermont Yankee Nuclear Power Station (VY). The licensee is seeking exemptions that would eliminate the requirements for the licensee to maintain offsite radiological emergency plans and reduce some of the onsite EP activities based on the reduced risks at VY, which is permanently shutdown and defueled. However, requirements for certain onsite capabilities to communicate and coordinate with offsite response authorities would be retained. In addition, offsite EP provisions would still exist through State and local government use of a comprehensive emergency management plan process in accordance with the Federal Emergency Management Agency's (FEMA's) Comprehensive Preparedness Guide (CPG) 101, ``Developing and Maintaining Emergency Operations Plans.'' The NRC staff is issuing, for public comment, this draft environmental assessment (EA) and finding of no significant impact (FONSI) associated with the proposed exemptions.

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24291-24293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10126]



[[Page 24291]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271; NRC-2015-0111]


Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power 
Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft environmental assessment and finding of no significant 
impact; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of exemptions in response to a request from Entergy Nuclear 
Operations, Inc. (Entergy or the licensee) that would permit the 
licensee to reduce its emergency planning (EP) activities at the 
Vermont Yankee Nuclear Power Station (VY). The licensee is seeking 
exemptions that would eliminate the requirements for the licensee to 
maintain offsite radiological emergency plans and reduce some of the 
onsite EP activities based on the reduced risks at VY, which is 
permanently shutdown and defueled. However, requirements for certain 
onsite capabilities to communicate and coordinate with offsite response 
authorities would be retained. In addition, offsite EP provisions would 
still exist through State and local government use of a comprehensive 
emergency management plan process in accordance with the Federal 
Emergency Management Agency's (FEMA's) Comprehensive Preparedness Guide 
(CPG) 101, ``Developing and Maintaining Emergency Operations Plans.'' 
The NRC staff is issuing, for public comment, this draft environmental 
assessment (EA) and finding of no significant impact (FONSI) associated 
with the proposed exemptions.

DATES: Submit comments by June 1, 2015. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0111. 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.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: James Kim, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-
0001; telephone: 301-415-4125; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0111 when contacting the NRC 
about the availability of information regarding this this draft EA and 
FONSI. You may obtain publicly-available information related to this 
this draft EA and FONSI using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0111.
     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]. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2015-0111 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    VY is a permanently shutdown and defueled nuclear power plant that 
is in the process of decommissioning. VY is located in Windham County, 
Vermont, 5 miles south of Brattleboro, Vermont. Entergy is the holder 
of the Renewed Facility Operating License No. DPR-28 for VY. VY has 
been shut down since December 29, 2014, and the final removal of fuel 
from the VY reactor vessel was completed on January 12, 2015. By letter 
dated January 12, 2015, Entergy submitted to the NRC a certification of 
the permanent cessation of power operations at VY and the permanent 
removal of fuel from the VY 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), VY 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 nuclear fuel is currently stored onsite at VY in a 
spent fuel pool (SFP) and in an independent spent fuel storage 
installation (ISFSI).
    The licensee has requested exemptions for VY from certain EP 
requirements in 10 CFR part 50, ``Domestic Licensing of Production and 
Utilization Facilities.'' The NRC regulations concerning EP do not 
recognize the reduced risks after a reactor is permanently shut down 
and defueled. As such, a permanently shutdown and defueled reactor, 
such as VY, 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, Entergy requires exemptions 
from certain EP regulatory requirements before it can change its 
emergency plans.

[[Page 24292]]

    The NRC is considering issuing to Entergy exemptions 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 eliminate the requirements for Entergy to 
maintain offsite radiological emergency plans and reduce some of the 
onsite EP activities based on the reduced risks at VY, due to its 
permanently shutdown and defueled status. Based on the decision of the 
United States Court of Appeals for the Second Circuit in Brodsky v. NRC 
associated with a fire protection exemption for Indian Point Nuclear 
Generating Unit No. 3, and demonstrated public interest in this 
exemption request, particularly the State of Vermont, the NRC is 
issuing for public comment, pursuant to 10 CFR 51.33, this draft EA and 
FONSI associated with the exemption request. The NRC has concluded that 
the proposed action will have no significant environmental impact.

III. Draft Environmental Assessment

Description of the Proposed Action

    The proposed action would exempt Entergy from meeting certain 
requirements set forth in 10 CFR 50.47 and appendix E to 10 CFR part 
50. More specifically, Entergy 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 eliminate the requirements for Entergy 
to maintain offsite radiological emergency plans and reduce some of the 
onsite EP activities at VY, 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 would be retained. Additionally, 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 Federal Emergency Management Agency's (FEMA's) 
Comprehensive Preparedness Guide (CPG) 101. 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 decision making, 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 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.
    The proposed action is in accordance with the licensee's 
application dated March 14, 2014, as supplemented by letters dated 
August 29, 2014, and October 21, 2014. In its letters dated August 29, 
2014, and October 21, 2014, Entergy provided responses to the NRC 
staff's requests for additional information concerning the proposed 
exemptions.

Need for the Proposed Action

    The proposed action is needed for Entergy to revise the VY 
emergency plan to reflect the permanently shutdown and defueled status 
of the facility. The EP requirements currently applicable to VY are for 
an operating power reactor. There are no explicit regulatory provisions 
distinguishing EP requirements for a power reactor that has been 
permanently shut down from those for an operating power reactor. 
Therefore, since the 10 CFR part 50 license for VY 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 four possible 
radiological accidents at VY in its permanently shutdown and defueled 
condition. These are: (1) A fuel-handling accident; (2) a radioactive 
waste-handling accident; (3) a loss of SFP normal cooling (i.e., boil 
off); and (4) an adiabatic heat up of the hottest fuel assembly. The 
NRC staff evaluated these possible radiological accidents in the 
Commission Paper (SECY) 14-0125, ``Request by Entergy Nuclear 
Operations, Inc., for Exemptions from Certain Emergency Planning 
Requirements,'' dated November 14, 2014. In SECY-14-0125, the NRC staff 
verified that Entergy's analyses and calculations provided 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 site 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 if 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 based on this evaluation in its Staff Requirements 
Memorandum to SECY-14-0125, dated March 2, 2015.
    Based on these analyses, the licensee states that complete 
application of the EP rule to VY, in its particular circumstances as a 
permanently shutdown and defueled reactor would not serve the 
underlying purpose of the rule or is not necessary to achieve the 
underlying purpose of the rule. Entergy 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.

Environmental Impacts of the Proposed Action

    The NRC staff concluded that the exemptions, if granted, would not 
significantly increase the probability or consequences of accidents at 
VY in its permanently shutdown and defueled condition. There would be 
no significant change in the types of any effluents that may be 
released offsite. There would be no significant increase in the amounts 
of any effluents that may be released offsite. There would 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 regard 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,

[[Page 24293]]

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 NRC staff considered 
the denial of the proposed action (i.e., the ``no-action'' 
alternative). The 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 VY, dated July 1972, as supplemented by NUREG-1437, 
Supplement 30, ``Generic Environmental Impact Statement for License 
Renewal of Nuclear Plants: Regarding Vermont Yankee Nuclear Power 
Station,'' Volumes 1 and 2, published in August 2007.

Agencies or Persons Consulted

    The NRC staff did not enter into consultation with any other 
Federal agency or with the State of Vermont regarding the environmental 
impact of the proposed action. On April 24, 2015, the Vermont State 
representative was notified of this draft EA and FONSI.

IV. 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 eliminate the requirements for the licensee to 
maintain offsite radiological emergency plans and reduce some of the 
onsite EP activities at VY, 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 and offsite EP provisions will 
still exist through State and local government use of a CEMP.
    Consistent with 10 CFR 51.21, the NRC conducted the EA for the 
proposed action included in Section III 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.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

----------------------------------------------------------------------------------------------------------------
                                    Document                                      ADAMS Accession  No./Web link/
----------------------------------------------------------------------------------------------------------------
Developing and Maintaining Emergency Operations Plans, Comprehensive              http://www.fema.gov.
 Preparedness Guide (CPG) 101, Version 2.0, November 2010.
Docket No. 50-271, Request for Exemptions from Portions of 10 CFR 50.47 and 10    ADAMS Accession No.
 CFR 50, Appendix E, Vermont Yankee Nuclear Power Station, March 14, 2014.         ML14080A141.
Docket No. 50-271, Request for Exemptions from Portions of 10 CFR 50.47 and 10    ADAMS Accession No.
 CFR 50, Appendix E--Supplement 1, Vermont Yankee Nuclear Power Station, August    ML14246A176.
 29, 2014.
Docket No. 50-271, Request for Exemptions from Portions of 10 CFR 50.47 and 10    ADAMS Accession No.
 CFR 50, Appendix E--Supplement 2, Vermont Yankee Nuclear Power Station, October   ML14297A159.
 21, 2014.
Protective Action Guides and Planning Guidance for Radiological Incidents, U.S.   http://www.epa.gov.
 Environmental Protection Agency Draft for Interim Use and Public Comment, March
 2013.
SECY-14-0125, ``Request by Entergy Nuclear Operations, Inc. for Exemptions from   ADAMS Accession No.
 Certain Emergency Planning Requirements,'' November 14, 2014.                     ML14227A711.
Staff Requirements Memorandum to SECY-14-0125, ``Request by Entergy Nuclear       ADAMS Accession No.
 Operations, Inc., for Exemptions from Certain Emergency Planning                  ML15061A516.
 Requirements,'' March 2, 2015.
NUREG-1437, Supplement 30, ``Generic Environmental Impact Statement for License   ADAMS Accession No.
 Renewal of Nuclear Plants Regarding Vermont Yankee Nuclear Power Station,''       ML071840398.
 August 2007.
----------------------------------------------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 24th day of April, 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. 2015-10126 Filed 4-29-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices                                              24291

                                                  NUCLEAR REGULATORY                                      INFORMATION CONTACT   section of this                 comment submissions into ADAMS.
                                                  COMMISSION                                              document.                                             The NRC does not routinely edit
                                                                                                            • Mail comments to: Cindy Bladey,                   comment submissions to remove
                                                  [Docket No. 50–271; NRC–2015–0111]
                                                                                                          Office of Administration, Mail Stop:                  identifying or contact information.
                                                  Entergy Nuclear Operations, Inc.;                       OWFN–12–H08, U.S. Nuclear                               If you are requesting or aggregating
                                                  Vermont Yankee Nuclear Power                            Regulatory Commission, Washington,                    comments from other persons for
                                                  Station                                                 DC 20555–0001.                                        submission to the NRC, then you should
                                                                                                            For additional direction on obtaining               inform those persons not to include
                                                  AGENCY:  Nuclear Regulatory                             information and submitting comments,                  identifying or contact information that
                                                  Commission.                                             see ‘‘Obtaining Information and                       they do not want to be publicly
                                                  ACTION: Draft environmental assessment                  Submitting Comments’’ in the                          disclosed in their comment submission.
                                                  and finding of no significant impact;                   SUPPLEMENTARY INFORMATION section of                  Your request should state that the NRC
                                                  request for comment.                                    this document.                                        does not routinely edit comment
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      submissions to remove such information
                                                  SUMMARY:     The U.S. Nuclear Regulatory                James Kim, Office of Nuclear Reactor                  before making the comment
                                                  Commission (NRC) is considering                         Regulation, U.S. Nuclear Regulatory                   submissions available to the public or
                                                  issuance of exemptions in response to a                 Commission, Washington DC 20555–                      entering the comment into ADAMS.
                                                  request from Entergy Nuclear                            0001; telephone: 301–415–4125; email:
                                                  Operations, Inc. (Entergy or the                                                                              II. Introduction
                                                                                                          James.Kim@nrc.gov.
                                                  licensee) that would permit the licensee                                                                         VY is a permanently shutdown and
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  to reduce its emergency planning (EP)                                                                         defueled nuclear power plant that is in
                                                  activities at the Vermont Yankee                        I. Obtaining Information and                          the process of decommissioning. VY is
                                                  Nuclear Power Station (VY). The                         Submitting Comments                                   located in Windham County, Vermont,
                                                  licensee is seeking exemptions that                                                                           5 miles south of Brattleboro, Vermont.
                                                                                                          A. Obtaining Information
                                                  would eliminate the requirements for                                                                          Entergy is the holder of the Renewed
                                                  the licensee to maintain offsite                           Please refer to Docket ID NRC–2015–
                                                                                                                                                                Facility Operating License No. DPR–28
                                                  radiological emergency plans and                        0111 when contacting the NRC about
                                                                                                                                                                for VY. VY has been shut down since
                                                  reduce some of the onsite EP activities                 the availability of information regarding
                                                                                                                                                                December 29, 2014, and the final
                                                  based on the reduced risks at VY, which                 this this draft EA and FONSI. You may
                                                                                                                                                                removal of fuel from the VY reactor
                                                  is permanently shutdown and defueled.                   obtain publicly-available information
                                                                                                                                                                vessel was completed on January 12,
                                                  However, requirements for certain                       related to this this draft EA and FONSI
                                                                                                                                                                2015. By letter dated January 12, 2015,
                                                  onsite capabilities to communicate and                  using any of the following methods:
                                                                                                             • Federal Rulemaking Web site: Go to               Entergy submitted to the NRC a
                                                  coordinate with offsite response                                                                              certification of the permanent cessation
                                                  authorities would be retained. In                       http://www.regulations.gov and search
                                                                                                          for Docket ID NRC–2015–0111.                          of power operations at VY and the
                                                  addition, offsite EP provisions would                                                                         permanent removal of fuel from the VY
                                                  still exist through State and local                        • NRC’s Agencywide Documents
                                                                                                          Access and Management System                          reactor vessel. As a permanently
                                                  government use of a comprehensive                                                                             shutdown and defueled facility, and
                                                  emergency management plan process in                    (ADAMS): You may obtain publicly-
                                                                                                          available documents online in the                     pursuant to section 50.82(a)(2) of Title
                                                  accordance with the Federal Emergency                                                                         10 of the Code of Federal Regulations
                                                  Management Agency’s (FEMA’s)                            ADAMS Public Documents collection at
                                                                                                          http://www.nrc.gov/reading-rm/                        (10 CFR), VY is no longer authorized to
                                                  Comprehensive Preparedness Guide                                                                              be operated or to have fuel placed into
                                                  (CPG) 101, ‘‘Developing and                             adams.html. To begin the search, select
                                                                                                          ‘‘ADAMS Public Documents’’ and then                   its reactor vessel, but the licensee is still
                                                  Maintaining Emergency Operations                                                                              authorized to possess and store
                                                  Plans.’’ The NRC staff is issuing, for                  select ‘‘Begin Web-based ADAMS
                                                                                                          Search.’’ For problems with ADAMS,                    irradiated nuclear fuel. Irradiated
                                                  public comment, this draft                                                                                    nuclear fuel is currently stored onsite at
                                                  environmental assessment (EA) and                       please contact the NRC’s Public
                                                                                                          Document Room (PDR) reference staff at                VY in a spent fuel pool (SFP) and in an
                                                  finding of no significant impact (FONSI)                                                                      independent spent fuel storage
                                                  associated with the proposed                            1–800–397–4209, 301–415–4737, or by
                                                                                                          email to pdr.resource@nrc.gov. For the                installation (ISFSI).
                                                  exemptions.
                                                                                                          convenience of the reader, the ADAMS                     The licensee has requested
                                                  DATES:  Submit comments by June 1,                      accession numbers are provided in a                   exemptions for VY from certain EP
                                                  2015. Comments received after this date                 table in the ‘‘Availability of Documents’’            requirements in 10 CFR part 50,
                                                  will be considered if it is practical to do             section of this document.                             ‘‘Domestic Licensing of Production and
                                                  so, but the Commission is able to ensure                   • NRC’s PDR: You may examine and                   Utilization Facilities.’’ The NRC
                                                  consideration only for comments                         purchase copies of public documents at                regulations concerning EP do not
                                                  received before this date.                              the NRC’s PDR, Room O1–F21, One                       recognize the reduced risks after a
                                                  ADDRESSES: You may submit comments                      White Flint North, 11555 Rockville                    reactor is permanently shut down and
                                                  by any of the following methods (unless                 Pike, Rockville, Maryland 20852.                      defueled. As such, a permanently
                                                  this document describes a different                                                                           shutdown and defueled reactor, such as
                                                  method for submitting comments on a                     B. Submitting Comments                                VY, must continue to maintain the same
                                                  specific subject):                                        Please include Docket ID NRC–2015–                  EP requirements as an operating power
                                                    • Federal Rulemaking Web site: Go to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          0111 in your comment submission.                      reactor under the existing regulatory
                                                  http://www.regulations.gov and search                     The NRC cautions you not to include                 requirements. To establish a level of EP
                                                  for Docket ID NRC–2015–0111. Address                    identifying or contact information that               commensurate with the reduced risks of
                                                  questions about NRC dockets to Carol                    you do not want to be publicly                        a permanently shutdown and defueled
                                                  Gallagher; telephone: 301–415–3463;                     disclosed in your comment submission.                 reactor, Entergy requires exemptions
                                                  email: Carol.Gallagher@nrc.gov. For                     The NRC will post all comment                         from certain EP regulatory requirements
                                                  technical questions, contact the                        submissions at http://                                before it can change its emergency
                                                  individual listed in the FOR FURTHER                    www.regulations.gov as well as enter the              plans.


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                                                  24292                         Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

                                                    The NRC is considering issuing to                     foundation for State, territorial, tribal,            calculations provided reasonable
                                                  Entergy exemptions from portions of 10                  and local EP in the United States. It                 assurance that if the requested
                                                  CFR 50.47, ‘‘Emergency plans,’’ and 10                  promotes a common understanding of                    exemptions were granted, then: (1) For
                                                  CFR part 50, appendix E, ‘‘Emergency                    the fundamentals of risk-informed                     a design-basis accident (DBA), an offsite
                                                  Planning and Preparedness for                           planning and decision making, and                     radiological release will not exceed the
                                                  Production and Utilization Facilities,’’                helps planners at all levels of                       Environmental Protection Agency’s
                                                  which would eliminate the                               government in their efforts to develop                (EPA) Protective Action Guides (PAGs)
                                                  requirements for Entergy to maintain                    and maintain viable, all-hazards, all-                at the site boundary, as detailed in the
                                                  offsite radiological emergency plans and                threats emergency plans. An EOP is                    EPA ‘‘PAG Manual, Protective Action
                                                  reduce some of the onsite EP activities                 flexible enough for use in all                        Guides and Planning Guidance for
                                                  based on the reduced risks at VY, due                   emergencies. It describes how people                  Radiological Incidents,’’ dated March
                                                  to its permanently shutdown and                         and property will be protected; details               2013, which was issued as Draft for
                                                  defueled status. Based on the decision                  who is responsible for carrying out                   Interim Use and Public Comment; and
                                                  of the United States Court of Appeals for               specific actions; identifies the                      (2) in the unlikely event of a beyond
                                                  the Second Circuit in Brodsky v. NRC                    personnel, equipment, facilities,                     DBA resulting in a loss of all SFP
                                                  associated with a fire protection                       supplies, and other resources available;              cooling, there is sufficient time to
                                                  exemption for Indian Point Nuclear                      and outlines how all actions will be                  initiate appropriate mitigating actions,
                                                  Generating Unit No. 3, and                              coordinated. A CEMP is often referred to              and if a release is projected to occur,
                                                  demonstrated public interest in this                    as a synonym for ‘‘all-hazards’’                      there is sufficient time for offsite
                                                  exemption request, particularly the                     planning.                                             agencies to take protective actions using
                                                  State of Vermont, the NRC is issuing for                   The proposed action is in accordance               a CEMP to protect the health and safety
                                                  public comment, pursuant to 10 CFR                      with the licensee’s application dated                 of the public. The Commission
                                                  51.33, this draft EA and FONSI                          March 14, 2014, as supplemented by                    approved the NRC staff’s
                                                  associated with the exemption request.                  letters dated August 29, 2014, and                    recommendation to grant the
                                                  The NRC has concluded that the                          October 21, 2014. In its letters dated                exemptions based on this evaluation in
                                                  proposed action will have no significant                August 29, 2014, and October 21, 2014,                its Staff Requirements Memorandum to
                                                  environmental impact.                                   Entergy provided responses to the NRC                 SECY–14–0125, dated March 2, 2015.
                                                                                                          staff’s requests for additional                          Based on these analyses, the licensee
                                                  III. Draft Environmental Assessment                     information concerning the proposed                   states that complete application of the
                                                  Description of the Proposed Action                      exemptions.                                           EP rule to VY, in its particular
                                                                                                                                                                circumstances as a permanently
                                                     The proposed action would exempt                     Need for the Proposed Action
                                                                                                                                                                shutdown and defueled reactor would
                                                  Entergy from meeting certain                               The proposed action is needed for                  not serve the underlying purpose of the
                                                  requirements set forth in 10 CFR 50.47                  Entergy to revise the VY emergency plan               rule or is not necessary to achieve the
                                                  and appendix E to 10 CFR part 50. More                  to reflect the permanently shutdown                   underlying purpose of the rule. Entergy
                                                  specifically, Entergy requested                         and defueled status of the facility. The              also states that it would incur undue
                                                  exemptions from: (1) Certain                            EP requirements currently applicable to               costs in the application of operating
                                                  requirements in 10 CFR 50.47(b)                         VY are for an operating power reactor.                plant EP requirements for the
                                                  regarding onsite and offsite emergency                  There are no explicit regulatory                      maintenance of an emergency response
                                                  response plans for nuclear power                        provisions distinguishing EP                          organization in excess of that actually
                                                  reactors; (2) certain requirements in 10                requirements for a power reactor that                 needed to respond to the diminished
                                                  CFR 50.47(c)(2) to establish plume                      has been permanently shut down from                   scope of credible accidents for a
                                                  exposure and ingestion pathway EP                       those for an operating power reactor.                 permanently shutdown and defueled
                                                  zones for nuclear power reactors; and                   Therefore, since the 10 CFR part 50                   reactor.
                                                  (3) certain requirements in 10 CFR part                 license for VY no longer authorizes
                                                  50, appendix E, section IV, which                       operation of the reactor or emplacement               Environmental Impacts of the Proposed
                                                  establishes the elements that make up                   or retention of fuel into the reactor                 Action
                                                  the content of emergency plans. The                     vessel, as specified in 10 CFR                           The NRC staff concluded that the
                                                  proposed action of granting these                       50.82(a)(2), the occurrence of postulated             exemptions, if granted, would not
                                                  exemptions would eliminate the                          accidents associated with reactor                     significantly increase the probability or
                                                  requirements for Entergy to maintain                    operation is no longer credible.                      consequences of accidents at VY in its
                                                  offsite radiological emergency plans and                   In its exemption request, the licensee             permanently shutdown and defueled
                                                  reduce some of the onsite EP activities                 identified four possible radiological                 condition. There would be no
                                                  at VY, based on the reduced risks at the                accidents at VY in its permanently                    significant change in the types of any
                                                  permanently shutdown and defueled                       shutdown and defueled condition.                      effluents that may be released offsite.
                                                  reactor. However, requirements for                      These are: (1) A fuel-handling accident;              There would be no significant increase
                                                  certain onsite capabilities to                          (2) a radioactive waste-handling                      in the amounts of any effluents that may
                                                  communicate and coordinate with                         accident; (3) a loss of SFP normal                    be released offsite. There would be no
                                                  offsite response authorities would be                   cooling (i.e., boil off); and (4) an                  significant increase in individual or
                                                  retained. Additionally, if necessary,                   adiabatic heat up of the hottest fuel                 cumulative occupational or public
                                                  offsite protective actions could still be               assembly. The NRC staff evaluated these               radiation exposure. Therefore, there are
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                                                  implemented using a comprehensive                       possible radiological accidents in the                no significant radiological
                                                  emergency management plan (CEMP)                        Commission Paper (SECY) 14–0125,                      environmental impacts associated with
                                                  process. A CEMP in this context, also                   ‘‘Request by Entergy Nuclear                          the proposed action.
                                                  referred to as an emergency operations                  Operations, Inc., for Exemptions from                    With regard to potential non-
                                                  plan (EOP), is addressed in Federal                     Certain Emergency Planning                            radiological impacts, the proposed
                                                  Emergency Management Agency’s                           Requirements,’’ dated November 14,                    action does not have any foreseeable
                                                  (FEMA’s) Comprehensive Preparedness                     2014. In SECY–14–0125, the NRC staff                  impacts to land, air, or water resources,
                                                  Guide (CPG) 101. The CPG 101 is the                     verified that Entergy’s analyses and                  including impacts to biota. In addition,


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                                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices                                                  24293

                                                  there are also no known socioeconomic                   License Renewal of Nuclear Plants:                    maintain offsite radiological emergency
                                                  or environmental justice impacts                        Regarding Vermont Yankee Nuclear                      plans and reduce some of the onsite EP
                                                  associated with the proposed action.                    Power Station,’’ Volumes 1 and 2,                     activities at VY, based on the reduced
                                                  Therefore, there are no significant non-                published in August 2007.                             risks at the permanently shutdown and
                                                  radiological environmental impacts                                                                            defueled reactor. However,
                                                                                                          Agencies or Persons Consulted
                                                  associated with the proposed action.                                                                          requirements for certain onsite
                                                    Accordingly, the NRC concludes that                     The NRC staff did not enter into                    capabilities to communicate and
                                                  there are no significant environmental                  consultation with any other Federal                   coordinate with offsite response
                                                  impacts associated with the proposed                    agency or with the State of Vermont                   authorities will be retained and offsite
                                                  action.                                                 regarding the environmental impact of                 EP provisions will still exist through
                                                                                                          the proposed action. On April 24, 2015,               State and local government use of a
                                                  Environmental Impacts of the                            the Vermont State representative was
                                                  Alternatives to the Proposed Action                                                                           CEMP.
                                                                                                          notified of this draft EA and FONSI.
                                                     As an alternative to the proposed                                                                             Consistent with 10 CFR 51.21, the
                                                                                                          IV. Finding of No Significant Impact                  NRC conducted the EA for the proposed
                                                  action, the NRC staff considered the
                                                  denial of the proposed action (i.e., the                  The licensee has proposed                           action included in Section III of this
                                                  ‘‘no-action’’ alternative). The denial of               exemptions from: (1) Certain                          document, and incorporated by
                                                  the application would result in no                      requirements in 10 CFR 50.47(b)                       reference in this finding. On the basis of
                                                  change in current environmental                         regarding onsite and offsite emergency                this EA, the NRC concludes that the
                                                  impacts. Therefore, the environmental                   response plans for nuclear power                      proposed action will not have a
                                                  impacts of the proposed action and the                  reactors; (2) certain requirements in 10              significant effect on the quality of the
                                                  alternative action are similar.                         CFR 50.47(c)(2) to establish plume                    human environment. Accordingly, the
                                                                                                          exposure and ingestion pathway EP                     NRC has decided not to prepare an
                                                  Alternative Use of Resources                            zones for nuclear power reactors; and                 environmental impact statement for the
                                                    The proposed action does not involve                  (3) certain requirements in 10 CFR part               proposed action.
                                                  the use of any different resources than                 50, appendix E, section IV, which                     V. Availability of Documents
                                                  those previously considered in the Final                establishes the elements that make up
                                                  Environmental Statement for VY, dated                   the content of emergency plans. The                     The documents identified in the
                                                  July 1972, as supplemented by NUREG–                    proposed action of granting these                     following table are available to
                                                  1437, Supplement 30, ‘‘Generic                          exemptions would eliminate the                        interested persons through one or more
                                                  Environmental Impact Statement for                      requirements for the licensee to                      of the following methods, as indicated.

                                                                                                                                                                                        ADAMS Accession
                                                                                                            Document                                                                      No./Web link/

                                                  Developing and Maintaining Emergency Operations Plans, Comprehensive Preparedness Guide (CPG) 101,                              http://www.fema.gov.
                                                    Version 2.0, November 2010.
                                                  Docket No. 50–271, Request for Exemptions from Portions of 10 CFR 50.47 and 10 CFR 50, Appendix E,                              ADAMS Accession No.
                                                    Vermont Yankee Nuclear Power Station, March 14, 2014.                                                                            ML14080A141.
                                                  Docket No. 50–271, Request for Exemptions from Portions of 10 CFR 50.47 and 10 CFR 50, Appendix E—                              ADAMS Accession No.
                                                    Supplement 1, Vermont Yankee Nuclear Power Station, August 29, 2014.                                                             ML14246A176.
                                                  Docket No. 50–271, Request for Exemptions from Portions of 10 CFR 50.47 and 10 CFR 50, Appendix E—                              ADAMS Accession No.
                                                    Supplement 2, Vermont Yankee Nuclear Power Station, October 21, 2014.                                                            ML14297A159.
                                                  Protective Action Guides and Planning Guidance for Radiological Incidents, U.S. Environmental Protection                        http://www.epa.gov.
                                                    Agency Draft for Interim Use and Public Comment, March 2013.
                                                  SECY–14–0125, ‘‘Request by Entergy Nuclear Operations, Inc. for Exemptions from Certain Emergency Plan-                         ADAMS Accession No.
                                                    ning Requirements,’’ November 14, 2014.                                                                                        ML14227A711.
                                                  Staff Requirements Memorandum to SECY–14–0125, ‘‘Request by Entergy Nuclear Operations, Inc., for Ex-                           ADAMS Accession No.
                                                    emptions from Certain Emergency Planning Requirements,’’ March 2, 2015.                                                        ML15061A516.
                                                  NUREG–1437, Supplement 30, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear                              ADAMS Accession No.
                                                    Plants Regarding Vermont Yankee Nuclear Power Station,’’ August 2007.                                                          ML071840398.



                                                    Dated at Rockville, Maryland, this 24th day           NUCLEAR REGULATORY                                    Core Cooling and Containment Heat
                                                  of April, 2015.                                         COMMISSION                                            Removal System Pumps.’’ The guide is
                                                    For the Nuclear Regulatory Commission.                                                                      being withdrawn because the same
                                                  Meena K. Khanna,                                        [NRC–2015–0107]                                       guidance is provided with more detail
                                                  Chief, Plant Licensing IV–2 and                                                                               by RG 1.82, ‘‘Water Sources for Long-
                                                  Decommissioning Transition Branch,
                                                                                                          Net Positive Suction Head for                         Term Recirculation Cooling Following a
                                                  Division of Operating Reactor Licensing,                Emergency Core Cooling and                            Loss-of-Coolant Accident.’’
                                                  Office of Nuclear Reactor Regulation.                   Containment Heat Removal System
                                                                                                          Pumps                                                 DATES:Effective April 30, 2015, the NRC
                                                  [FR Doc. 2015–10126 Filed 4–29–15; 8:45 am]
                                                                                                                                                                withdraws RG 1.1.
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                                                  BILLING CODE 7590–01–P                                  AGENCY:  Nuclear Regulatory
                                                                                                          Commission.                                           ADDRESSES:  Please refer to Docket ID
                                                                                                          ACTION: Regulatory guide; withdrawal.
                                                                                                                                                                NRC–2015–0107 when contacting the
                                                                                                                                                                NRC about the availability of
                                                                                                          SUMMARY:  The U.S. Nuclear Regulatory                 information regarding this document.
                                                                                                          Commission (NRC) is withdrawing                       You may obtain publicly-available
                                                                                                          regulatory guide (RG), RG 1.1 ‘‘Net                   information related to this document
                                                                                                          Positive Suction Head for Emergency                   using any of the following methods:


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Document Created: 2018-02-21 10:15:09
Document Modified: 2018-02-21 10:15:09
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
ActionDraft environmental assessment and finding of no significant impact; request for comment.
DatesSubmit comments by June 1, 2015. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.
ContactJames Kim, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555- 0001; telephone: 301-415-4125; email: [email protected]
FR Citation80 FR 24291 

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