83 FR 44923 - FirstEnergy Nuclear Operating Company; FirstEnergy Nuclear Generation, LLC; Beaver Valley Power Station, Units 1 and 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 171 (September 4, 2018)

Page Range		44923-44925
FR Document		2018-19120

The U.S. Nuclear Regulatory Commission (NRC) is making a finding of no significant impact (FONSI) for a proposed issuance of an exemption to FirstEnergy Nuclear Operating Company (FENOC, the licensee), for Beaver Valley Power Station (BVPS), Units 1 and 2, located in Beaver County, Pennsylvania. The proposed action would grant the licensee a partial exemption from the ``Physical barrier'' requirements in the NRC's regulations, to allow FENOC to continue using vertical, rather than angled, barbed wire fence toppings in certain limited protected area sections on-site. The NRC is considering an Exemption to Renewed Facility Operating License No. DPR-66, and Renewed Facility Operating License No. NPF-73, issued on November 5, 2009, and held by FENOC; and FirstEnergy Nuclear Generation, LLC for the operation of BVPS, Units 1 and 2.

Federal Register, Volume 83 Issue 171 (Tuesday, September 4, 2018)

[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44923-44925]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19120]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-334 and 50-412; NRC-2018-0193]


FirstEnergy Nuclear Operating Company; FirstEnergy Nuclear 
Generation, LLC; Beaver Valley Power Station, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is making a 
finding of no significant impact (FONSI) for a proposed issuance of an 
exemption to FirstEnergy Nuclear Operating Company (FENOC, the 
licensee), for Beaver Valley Power Station (BVPS), Units 1 and 2, 
located in Beaver County, Pennsylvania. The proposed action would grant 
the licensee a partial exemption from the ``Physical barrier'' 
requirements in the NRC's regulations, to allow FENOC to continue using 
vertical, rather than angled, barbed wire fence toppings in certain 
limited protected area sections on-site. The NRC is considering an 
Exemption to Renewed Facility Operating License No. DPR-66, and Renewed 
Facility Operating License No. NPF-73, issued on November 5, 2009, and 
held by FENOC; and FirstEnergy Nuclear Generation, LLC for the 
operation of BVPS, Units 1 and 2.

DATES: The environmental assessment referenced in this document is 
available on September 4, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0193 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0193. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 ``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.

FOR FURTHER INFORMATION CONTACT: Bhalchandra K. Vaidya, Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3308; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of a partial exemption, pursuant to 
section 73.5 of title 10 of the Code of Federal Regulations (10 CFR), 
``Specific exemptions,'' from the ``Physical barrier'' requirement of 
10 CFR 73.2, specifically with respect to the design criteria specified 
in 10 CFR 73.2(1) ``fences,'' as it applies to the angular 
specification for brackets used to support the required barbed wire (or 
similar material) topper, to FENOC and FirstEnergy Nuclear Generation, 
LLC (collectively, the licensee), for BVPS, Units 1 and 2, located in 
Beaver County, Pennsylvania.
    In accordance with 10 CFR 51.21, the NRC has prepared an 
environmental assessment (EA) that analyzes the environmental effects 
of the proposed action. Based on the results of the EA, and in 
accordance with 10 CFR 51.31(a), the NRC has prepared a finding of no 
significant impact (FONSI) for the proposed exemption.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would grant the licensee a partial exemption 
from the

[[Page 44924]]

``physical barrier'' requirements of 10 CFR 73.2, specifically with 
respect to the design criteria specified in 10 CFR 73.2 (1) ``fences,'' 
as it applies to the angular specification for brackets used to support 
the required barbed wire (or similar material) topper. As stated in 10 
CFR 73.2, fences must be constructed of No. 11 American wire gauge, or 
heavier wire fabric, topped by three strands or more of barbed wire or 
similar material on brackets angled inward or outward between 30 and 45 
degrees from the vertical, with an overall height of not less than 
eight feet, including the barbed topping. If approved, the partial 
exemption would allow the licensee to continue to use, without 
modification, the current configuration of vertical barbed wire fence 
toppings in limited protected area sections on-site, as specified on 
the maps submitted by the licensee in its letter dated March 16, 2018, 
to meet the regulatory requirements of 10 CFR part 73, ``Physical 
protection of plants and materials.'' Specifically, barbed wire on top 
of physical barrier fencing on gates, near gates, near interfaces with 
buildings, and on corners is oriented vertically.
    The proposed action is in accordance with the licensee's 
application dated July 19, 2017, as supplemented by letters dated March 
16, 2018; and May 2, 2018.

Need for the Proposed Action

    Physical protection consists of a variety of measures to protect 
nuclear facilities and material against sabotage, theft, diversion, and 
other malicious acts. The NRC and its licensees use a graded approach 
for physical protection, consistent with the significance of the 
facilities or material to be protected. In so doing, the NRC 
establishes the regulatory requirements and assesses compliance, and 
licensees are responsible for providing the protection.
    The proposed action is needed to allow the licensee to continue to 
use, without modification, the current configuration of vertical barbed 
wire fence toppings in certain limited protected area sections on-site, 
as shown on the maps submitted by the licensee in its March 16, 2018, 
letter. Currently, some of the barbed wire bracketing on top of the 
protected area physical barrier fencing do not meet certain design 
criteria specified in 10 CFR 73.2. Specifically, barbed wire on top of 
physical barrier fencing on gates, near gates, near interfaces with 
buildings, and on corners is oriented vertically.
    Separate from this EA, the NRC staff is evaluating the licensee's 
proposed action, which will be documented in a safety evaluation 
report. The staff's review will determine whether there is reasonable 
assurance that the site maintains adequate protection from the current 
physical barriers in accordance with the requirements in 10 CFR part 
73.

Environmental Impacts of the Proposed Action

    The NRC has completed its environmental evaluation of the proposed 
action. The proposed action would grant the licensee a partial 
exemption from the ``physical barrier'' requirements of 10 CFR 73.2, 
specifically with respect to the design criteria specified in 10 CFR 
73.2(1) ``fences,'' as it applies to the angular specification for 
brackets used to support the required barbed wire (or similar material) 
topper. This will allow the licensee to continue using vertical, rather 
than angled, barbed wire fence toppings in certain limited protected 
area sections on site.
    The proposed action would have no direct impacts on land use or 
water resources, including terrestrial and aquatic biota as the 
proposed action involves no new construction or modification of plant 
operational systems. There would be no changes to the quality or 
quantity of non-radiological effluents. No changes to the plant's 
National Pollutant Discharge Elimination System permit are needed. In 
addition, there would be no noticeable effect on air pollutant 
emissions, socio-economic conditions in the region, no environment 
justice impacts, and no impacts to historic and cultural resources. 
Therefore, there would be no significant non-radiological impacts 
associated with the proposed action.
    The NRC has concluded that the proposed action would not 
significantly affect plant safety and would not have a significant 
adverse effect on the probability of an accident occurring. There would 
be no change to radioactive effluents that affect radiation exposures 
to plant workers and members of the public. No changes would be made to 
plant buildings or the site property. Therefore, implementing the 
proposed action would not result in a change to the radiation exposures 
to the public or radiation exposure to plant workers.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC considered denial 
of the proposed action (i.e., the ``no-action'' alternative). Denial of 
the exemption request would result in the licensee having to replace 
the vertical barbed wire fence toppings with angled barbed wire that 
meets the definition of ``Physical barrier'' in 10 CFR 73.2. This could 
result in temporary, minor changes in vehicular traffic and associated 
air pollutant emissions due to any construction-related impacts of 
performing the necessary modifications, but no significant changes in 
ambient air quality would be expected.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies and Persons Consulted

    The NRC staff did not enter into consultation with any other 
Federal agency or with the State of Pennsylvania regarding the 
environmental impact of the proposed action.

III. Finding of No Significant Impact

    The licensee has requested an exemption from the ``physical 
barrier'' requirements of 10 CFR 73.2, specifically with respect to the 
design criteria specified in 10 CFR 73.21, ``fences,'' to allow the 
licensee to continue using vertical, rather than angled, barbed wire 
fence toppings in limited protected area sections on site. The NRC is 
considering issuing the requested exemption. The proposed action would 
not significantly affect plant safety, would not have a significant 
adverse effect on the probability of an accident occurring, and would 
not have any significant radiological and non-radiological impacts. 
This FONSI incorporates by reference the EA in Section II of this 
notice. Therefore, the NRC concludes that the proposed action will not 
have a significant effect on the quality of the human environment. 
Accordingly, the NRC has determined not to prepare an environmental 
impact statement for the proposed action.
    The related environmental document is NUREG-1437, ``Generic 
Environmental Impact Statement for License Renewal of Nuclear Plants: 
Regarding Beaver Valley Power Station, Units 1 and 2, Final Report,'' 
which provides the latest environmental review of current operations 
and a description of environmental conditions at BVPS, Units 1 and 2.

IV. 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.

[[Page 44925]]



------------------------------------------------------------------------
             Document                        ADAMS accession No.
------------------------------------------------------------------------
FirstEnergy Nuclear Operating       ML17200D139.
 Company; Exemption Request for a
 Physical Barrier Requirement;
 Dated July 19, 2017.
FirstEnergy Nuclear Operating       ML18078A033.
 Company; Response to Request For
 Additional Information Regarding
 Exemption Request for a Physical
 Barrier Requirement; Dated March
 16, 2018.
FirstEnergy Nuclear Operating       ML18122A133.
 Company; Response to Request For
 Additional Information Regarding
 Exemption Request for a Physical
 Barrier Requirement; Dated May 2,
 2018.
NUREG-1437, Supplement 36; Generic  ML091260011.
 Environmental Impact Statement
 for License Renewal of Nuclear
 Plants: Regarding Beaver Valley
 Power Station, Units 1 and 2,
 Final Report; Dated May 2009.
------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 29th day of August 2018.

    For the Nuclear Regulatory Commission.
Bhalchandra K. Vaidya,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-19120 Filed 8-31-18; 8:45 am]
 BILLING CODE 7590-01-P

44924 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

‘‘physical barrier’’ requirements of 10 action, which will be documented in a request would result in the licensee
CFR 73.2, specifically with respect to safety evaluation report. The staff’s having to replace the vertical barbed
the design criteria specified in 10 CFR review will determine whether there is wire fence toppings with angled barbed
73.2 (1) ‘‘fences,’’ as it applies to the reasonable assurance that the site wire that meets the definition of
angular specification for brackets used maintains adequate protection from the ‘‘Physical barrier’’ in 10 CFR 73.2. This
to support the required barbed wire (or current physical barriers in accordance could result in temporary, minor
similar material) topper. As stated in 10 with the requirements in 10 CFR part changes in vehicular traffic and
CFR 73.2, fences must be constructed of 73. associated air pollutant emissions due
No. 11 American wire gauge, or heavier to any construction-related impacts of
wire fabric, topped by three strands or Environmental Impacts of the Proposed
performing the necessary modifications,
more of barbed wire or similar material Action
but no significant changes in ambient
on brackets angled inward or outward The NRC has completed its air quality would be expected.
between 30 and 45 degrees from the environmental evaluation of the
vertical, with an overall height of not proposed action. The proposed action Alternative Use of Resources
less than eight feet, including the barbed would grant the licensee a partial There are no unresolved conflicts
topping. If approved, the partial exemption from the ‘‘physical barrier’’ concerning alternative uses of available
exemption would allow the licensee to requirements of 10 CFR 73.2, resources under the proposed action.
continue to use, without modification, specifically with respect to the design
the current configuration of vertical criteria specified in 10 CFR 73.2(1) Agencies and Persons Consulted
barbed wire fence toppings in limited ‘‘fences,’’ as it applies to the angular The NRC staff did not enter into
protected area sections on-site, as specification for brackets used to consultation with any other Federal
specified on the maps submitted by the support the required barbed wire (or agency or with the State of Pennsylvania
licensee in its letter dated March 16, similar material) topper. This will allow regarding the environmental impact of
2018, to meet the regulatory the licensee to continue using vertical, the proposed action.
requirements of 10 CFR part 73, rather than angled, barbed wire fence
‘‘Physical protection of plants and toppings in certain limited protected III. Finding of No Significant Impact
materials.’’ Specifically, barbed wire on area sections on site. The licensee has requested an
top of physical barrier fencing on gates, The proposed action would have no
exemption from the ‘‘physical barrier’’
near gates, near interfaces with direct impacts on land use or water
requirements of 10 CFR 73.2,
buildings, and on corners is oriented resources, including terrestrial and
specifically with respect to the design
vertically. aquatic biota as the proposed action
criteria specified in 10 CFR 73.21,
The proposed action is in accordance involves no new construction or
‘‘fences,’’ to allow the licensee to
with the licensee’s application dated modification of plant operational
continue using vertical, rather than
July 19, 2017, as supplemented by systems. There would be no changes to
angled, barbed wire fence toppings in
letters dated March 16, 2018; and May the quality or quantity of non-
limited protected area sections on site.
2, 2018. radiological effluents. No changes to the
The NRC is considering issuing the
plant’s National Pollutant Discharge
Need for the Proposed Action requested exemption. The proposed
Elimination System permit are needed.
Physical protection consists of a action would not significantly affect
In addition, there would be no
variety of measures to protect nuclear plant safety, would not have a
noticeable effect on air pollutant
facilities and material against sabotage, significant adverse effect on the
emissions, socio-economic conditions in
theft, diversion, and other malicious probability of an accident occurring,
the region, no environment justice
acts. The NRC and its licensees use a and would not have any significant
impacts, and no impacts to historic and
graded approach for physical protection, radiological and non-radiological
cultural resources. Therefore, there
consistent with the significance of the impacts. This FONSI incorporates by
would be no significant non-radiological
facilities or material to be protected. In reference the EA in Section II of this
impacts associated with the proposed
so doing, the NRC establishes the notice. Therefore, the NRC concludes
action.
regulatory requirements and assesses The NRC has concluded that the that the proposed action will not have
compliance, and licensees are proposed action would not significantly a significant effect on the quality of the
responsible for providing the protection. affect plant safety and would not have human environment. Accordingly, the
The proposed action is needed to a significant adverse effect on the NRC has determined not to prepare an
allow the licensee to continue to use, probability of an accident occurring. environmental impact statement for the
without modification, the current There would be no change to proposed action.
configuration of vertical barbed wire radioactive effluents that affect radiation The related environmental document
fence toppings in certain limited exposures to plant workers and is NUREG–1437, ‘‘Generic
protected area sections on-site, as members of the public. No changes Environmental Impact Statement for
shown on the maps submitted by the would be made to plant buildings or the License Renewal of Nuclear Plants:
licensee in its March 16, 2018, letter. site property. Therefore, implementing Regarding Beaver Valley Power Station,
Currently, some of the barbed wire the proposed action would not result in Units 1 and 2, Final Report,’’ which
bracketing on top of the protected area a change to the radiation exposures to provides the latest environmental
physical barrier fencing do not meet the public or radiation exposure to plant review of current operations and a
sradovich on DSK3GMQ082PROD with NOTICES

certain design criteria specified in 10 workers. description of environmental conditions
CFR 73.2. Specifically, barbed wire on at BVPS, Units 1 and 2.
top of physical barrier fencing on gates, Environmental Impacts of the
Alternatives to the Proposed Action IV. Availability of Documents
near gates, near interfaces with
buildings, and on corners is oriented As an alternative to the proposed The documents identified in the
vertically. action, the NRC considered denial of the following table are available to
Separate from this EA, the NRC staff proposed action (i.e., the ‘‘no-action’’ interested persons through one or more
is evaluating the licensee’s proposed alternative). Denial of the exemption of the following methods, as indicated.

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Document Created: 2018-09-01 02:59:16
Document Modified: 2018-09-01 02:59:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Environmental assessment and finding of no significant impact; issuance.
Dates		The environmental assessment referenced in this document is available on September 4, 2018.
Contact		Bhalchandra K. Vaidya, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3308; email: [email protected]
FR Citation		83 FR 44923