83_FR_45098 83 FR 44927 - FirstEnergy Nuclear Operating Company; FirstEnergy Nuclear Generation Company, LLC; Perry Nuclear Power Plant, Unit No. 1

83 FR 44927 - FirstEnergy Nuclear Operating Company; FirstEnergy Nuclear Generation Company, LLC; Perry Nuclear Power Plant, Unit No. 1

NUCLEAR REGULATORY COMMISSION

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

Page Range44927-44929
FR Document2018-19122

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 Perry Nuclear Power Plant (PNPP), Unit No. 1, located in Lake County, Ohio. 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 facility operating license no. NPF-58, issued on November 13, 1986, and held by FENOC, and FirstEnergy Nuclear Generation Company, LLC for the operation of PNPP, Unit No. 1.

Federal Register, Volume 83 Issue 171 (Tuesday, September 4, 2018)
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44927-44929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19122]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440; NRC-2018-0187]


FirstEnergy Nuclear Operating Company; FirstEnergy Nuclear 
Generation Company, LLC; Perry Nuclear Power Plant, Unit No. 1

AGENCY: Nuclear Regulatory Commission.

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

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

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 Perry Nuclear Power Plant (PNPP), Unit No. 1, located in 
Lake County, Ohio. 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 facility 
operating license no. NPF-58, issued on November 13, 1986, and held by 
FENOC, and FirstEnergy Nuclear Generation Company, LLC for the 
operation of PNPP, Unit No. 1.

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

ADDRESSES: Please refer to Docket ID NRC-2018-0187 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-2018-0187. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: Jennifer.Borges@nrc.gov. 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 pdr.resource@nrc.gov. 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: 
Bhalchandra.Vaidya@nrc.gov.

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 
Company, LLC (collectively, the licensee), for PNPP, Unit No. 1, 
located in Lake County, Ohio.
    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 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 44928]]

``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. 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'' 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. 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 Ohio regarding the environmental 
impact of the proposed action.

III. Finding of No Significant Impact

    The licensee has requested an exemption 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,'' 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-0884, ``Final 
Environmental Statement Related to the Operation of Perry Nuclear Power 
Plant, Units 1 and 2,'' which provides the latest description of 
environmental conditions at Perry Nuclear Power Plant, Unit No. 1.

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 44929]]



------------------------------------------------------------------------
                Document                        ADAMS accession No.
------------------------------------------------------------------------
FirstEnergy Nuclear Operating Company;    ML17200D139.
 Exemption Request for a Physical
 Barrier Requirement; Dated July 19,
 2017.
FirstEnergy Nuclear Operating Company;    ML18078A033.
 Response to Request For Additional
 Information Regarding Exemption Request
 for a Physical Barrier Requirement;
 Dated March 16, 2018.
FirstEnergy Nuclear Operating Company;    ML18122A133.
 Response to Request For Additional
 Information Regarding Exemption Request
 for a Physical Barrier Requirement;
 Dated May 2, 2018.
NUREG-0884; Final Environmental           ML15134A060.
 Statement Related to the Operation of
 Perry Nuclear Power Plant, Units 1 and
 2; Dated August 1982.
------------------------------------------------------------------------


    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. 2018-19122 Filed 8-31-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                              Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices                                                             44927

                                                SGI because the authorizing law and                         IV. Availability of Documents                               interested persons through one or more
                                                regulations for SGI provide specific                          The documents identified in the                           of the following methods, as indicated.
                                                handling controls.                                          following table are available to

                                                                                                                                                                                                       ADAMS accession
                                                                                                                   Document                                                                           No./Federal Register
                                                                                                                                                                                                            citation

                                                Draft Template for Protective Orders Governing the Disclosure and Use of Sensitive Unclassified Non-Safeguards Infor-                                 ML18239A329.
                                                  mation (SUNSI) in Hearings Related to Conformance with Inspections, Tests, Analyses, and Acceptance Criteria
                                                  (ITAAC).
                                                Draft Template for Protective Orders Governing the Disclosure and Use of Safeguards Information (SGI) in Hearings                                     ML18239A322.
                                                  Related to Conformance with Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC).
                                                Final Procedures for Conducting Hearings on Conformance With the Acceptance Criteria in Combined Licenses, dated                                      81 FR 43266.
                                                  July 1, 2016.
                                                SECY–15–0010, Final Procedures for Hearings on Conformance With the Acceptance Criteria in Combined Licenses,                                         ML14343A747.
                                                  dated January 20, 2015.
                                                Final Rule: Controlled Unclassified Information, dated September 14, 2016 .........................................................................   81 FR 63324.
                                                NRC Regulatory Issue Summary 2005–26, Control of Sensitive Unclassified Non-Safeguards Information Related to Nu-                                     ML051430228.
                                                  clear Power Reactors, dated November 7, 2005.



                                                   The NRC may post materials related                       action would grant the licensee a partial                   are provided in a table in the
                                                to this document, including public                          exemption from the ‘‘Physical barrier’’                     ‘‘Availability of Documents’’ section of
                                                comments, on the Federal rulemaking                         requirements in the NRC’s regulations,                      this document.
                                                website at http://www.regulations.gov                       to allow FENOC to continue using                               • NRC’s PDR: You may examine and
                                                under Docket ID NRC–2018–0190. The                          vertical, rather than angled, barbed wire                   purchase copies of public documents at
                                                Federal Rulemaking website allows you                       fence toppings in certain limited                           the NRC’s PDR, Room O1–F21, One
                                                to receive alerts when changes or                           protected area sections on-site. The NRC                    White Flint North, 11555 Rockville
                                                additions occur in a docket folder. To                      is considering an exemption to facility                     Pike, Rockville, Maryland 20852.
                                                subscribe: (1) Navigate to the docket                       operating license no. NPF–58, issued on                     FOR FURTHER INFORMATION CONTACT:
                                                folder (NRC–2018–0190); (2) click the                       November 13, 1986, and held by                              Bhalchandra K. Vaidya, Office of
                                                ‘‘Sign up for Email Alerts’’ link; and (3)                  FENOC, and FirstEnergy Nuclear                              Nuclear Reactor Regulation, U.S.
                                                enter your email address and select how                     Generation Company, LLC for the                             Nuclear Regulatory Commission,
                                                frequently you would like to receive                        operation of PNPP, Unit No. 1.                              Washington, DC 20555–0001; telephone:
                                                emails (daily, weekly, or monthly).                         DATES: The environmental assessment                         301–415–3308; email:
                                                  Dated at Rockville, Maryland, this 28th day               referenced in this document is available                    Bhalchandra.Vaidya@nrc.gov.
                                                of August 2018.                                             on September 4, 2018.                                       SUPPLEMENTARY INFORMATION:
                                                  For the Nuclear Regulatory Commission.                    ADDRESSES: Please refer to Docket ID                        I. Introduction
                                                Susan H. Vrahoretis,                                        NRC–2018–0187 when contacting the
                                                Assistant General Counsel for New Reactor                   NRC about the availability of                                  The NRC is considering issuance of a
                                                Programs, Office of the General Counsel.                    information regarding this document.                        partial exemption, pursuant to section
                                                [FR Doc. 2018–19023 Filed 8–31–18; 8:45 am]                 You may obtain publicly-available                           73.5 of title 10 of the Code of Federal
                                                                                                            information related to this document                        Regulations (10 CFR), ‘‘Specific
                                                BILLING CODE 7590–01–P
                                                                                                            using any of the following methods:                         exemptions,’’ from the ‘‘Physical
                                                                                                               • Federal Rulemaking website: Go to                      barrier’’ requirement of 10 CFR 73.2,
                                                NUCLEAR REGULATORY                                          http://www.regulations.gov and search                       specifically with respect to the design
                                                COMMISSION                                                  for Docket ID NRC–2018–0187. Address                        criteria specified in 10 CFR 73.2(1)
                                                                                                            questions about NRC dockets to Jennifer                     ‘‘fences,’’ as it applies to the angular
                                                [Docket No. 50–440; NRC–2018–0187]                          Borges; telephone: 301–287–9127;                            specification for brackets used to
                                                                                                            email: Jennifer.Borges@nrc.gov. For                         support the required barbed wire (or
                                                FirstEnergy Nuclear Operating                                                                                           similar material) topper, to FENOC and
                                                                                                            technical questions, contact the
                                                Company; FirstEnergy Nuclear                                                                                            FirstEnergy Nuclear Generation
                                                                                                            individual listed in the FOR FURTHER
                                                Generation Company, LLC; Perry                                                                                          Company, LLC (collectively, the
                                                                                                            INFORMATION CONTACT section of this
                                                Nuclear Power Plant, Unit No. 1                                                                                         licensee), for PNPP, Unit No. 1, located
                                                                                                            document.
                                                AGENCY:  Nuclear Regulatory                                    • NRC’s Agencywide Documents                             in Lake County, Ohio.
                                                Commission.                                                 Access and Management System                                   In accordance with 10 CFR 51.21, the
                                                                                                            (ADAMS): You may obtain publicly-                           NRC has prepared an environmental
                                                ACTION: Environmental assessment and
                                                                                                            available documents online in the                           assessment (EA) that analyzes the
                                                finding of no significant impact;                                                                                       environmental effects of the proposed
                                                issuance.                                                   ADAMS Public Documents collection at
                                                                                                            http://www.nrc.gov/reading-rm/                              action. Based on the results of the EA
                                                SUMMARY:   The U.S. Nuclear Regulatory                      adams.html. To begin the search, select                     and in accordance with 10 CFR 51.31(a),
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                                                Commission (NRC) is making a finding                        ‘‘Begin Web-based ADAMS Search.’’ For                       the NRC has prepared a FONSI for the
                                                of no significant impact (FONSI) for a                      problems with ADAMS, please contact                         proposed exemption.
                                                proposed issuance of an exemption to                        the NRC’s Public Document Room (PDR)                        II. Environmental Assessment
                                                FirstEnergy Nuclear Operating Company                       reference staff at 1–800–397–4209, 301–
                                                (FENOC, the licensee), for Perry Nuclear                    415–4737, or by email to pdr.resource@                      Description of the Proposed Action
                                                Power Plant (PNPP), Unit No. 1, located                     nrc.gov. For the convenience of the                            The proposed action would grant the
                                                in Lake County, Ohio. The proposed                          reader, the ADAMS accession numbers                         licensee a partial exemption from the


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                                                44928                      Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

                                                ‘‘physical barrier’’ requirement of 10                     Separate from this EA, the NRC staff               proposed action (i.e., the ‘‘no-action’’
                                                CFR 73.2, specifically with respect to                  is evaluating the licensee’s proposed                 alternative). Denial of the exemption
                                                the design criteria specified in 10 CFR                 action, which will be documented in a                 request would result in the licensee
                                                73.2(1) ‘‘fences,’’ as it applies to the                safety evaluation report. The staff’s                 having to replace the vertical barbed
                                                angular specification for brackets used                 review will determine whether there is                wire fence toppings with angled barbed
                                                to support the required barbed wire (or                 reasonable assurance that the site                    wire that meets the definition of
                                                similar material) topper. As stated in 10               maintains adequate protection from the                ‘‘Physical barrier’’ in 10 CFR 73.2. This
                                                CFR 73.2, fences must be constructed of                 current physical barriers in accordance               could result in temporary, minor
                                                No. 11 American wire gauge, or heavier                  with the requirements in 10 CFR part                  changes in vehicular traffic and
                                                wire fabric, topped by three strands or                 73.                                                   associated air pollutant emissions due
                                                more of barbed wire or similar material                 Environmental Impacts of the Proposed                 to any construction-related impacts of
                                                on brackets angled inward or outward                    Action                                                performing the necessary modifications,
                                                between 30 and 45 degrees from the                                                                            but no significant changes in ambient
                                                vertical, with an overall height of not                    The NRC has completed its                          air quality would be expected.
                                                less than eight feet, including the barbed              environmental evaluation of the
                                                                                                        proposed action. The proposed action                  Alternative Use of Resources
                                                topping. If approved, the partial
                                                exemption would allow the licensee to                   would grant the licensee a partial                      There are no unresolved conflicts
                                                continue to use, without modification,                  exemption from the ‘‘physical barrier’’               concerning alternative uses of available
                                                the current configuration of vertical                   requirement of 10 CFR 73.2, specifically              resources under the proposed action.
                                                barbed wire fence toppings in limited                   with respect to the design criteria
                                                                                                        specified in 10 CFR 73.2(1) ‘‘fences,’’ as            Agencies and Persons Consulted
                                                protected area sections on-site, as
                                                specified on the maps submitted by the                  it applies to the angular specification for             The NRC staff did not enter into
                                                licensee in its letter dated March 16,                  brackets used to support the required                 consultation with any other Federal
                                                2018, to meet the regulatory                            barbed wire (or similar material) topper.             agency or with the State of Ohio
                                                requirements of 10 CFR part 73,                         This will allow the licensee to continue              regarding the environmental impact of
                                                ‘‘Physical protection of plants and                     using vertical, rather than angled,                   the proposed action.
                                                materials.’’ Specifically, barbed wire on               barbed wire fence toppings in certain
                                                                                                        limited protected area sections on site.              III. Finding of No Significant Impact
                                                top of physical barrier fencing on gates,
                                                                                                           The proposed action would have no
                                                near gates, near interfaces with                                                                                 The licensee has requested an
                                                                                                        direct impacts on land use or water
                                                buildings, and on corners is oriented                                                                         exemption from the ‘‘physical barrier’’
                                                                                                        resources, including terrestrial and
                                                vertically.                                                                                                   requirement of 10 CFR 73.2, specifically
                                                                                                        aquatic biota as the proposed action
                                                   The proposed action is in accordance                 involves no new construction or                       with respect to the design criteria
                                                with the licensee’s application dated                   modification of plant operational                     specified in 10 CFR 73.2(1) ‘‘fences,’’ to
                                                July 19, 2017, as supplemented by                       systems. There would be no changes to                 allow the licensee to continue using
                                                letters dated March 16, 2018; and May                   the quality or quantity of non-                       vertical, rather than angled, barbed wire
                                                2, 2018.                                                radiological effluents. No changes to the             fence toppings in limited protected area
                                                                                                        plant’s National Pollutant Discharge                  sections on site. The NRC is considering
                                                Need for the Proposed Action                                                                                  issuing the requested exemption. The
                                                                                                        Elimination System permit are needed.
                                                   Physical protection consists of a                    In addition, there would be no                        proposed action would not significantly
                                                variety of measures to protect nuclear                  noticeable effect on air pollutant                    affect plant safety, would not have a
                                                facilities and material against sabotage,               emissions, socio-economic conditions in               significant adverse effect on the
                                                theft, diversion, and other malicious                   the region, no environment justice                    probability of an accident occurring,
                                                acts. The NRC and its licensees use a                   impacts, and no impacts to historic and               and would not have any significant
                                                graded approach for physical protection,                cultural resources. Therefore, there                  radiological and non-radiological
                                                consistent with the significance of the                 would be no significant non-radiological              impacts. This FONSI incorporates by
                                                facilities or material to be protected. In              impacts associated with the proposed                  reference the EA in Section II of this
                                                so doing, the NRC establishes the                       action.                                               notice. Therefore, the NRC concludes
                                                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–0884, ‘‘Final Environmental
                                                protected area sections on-site, as                     members of the public. No changes                     Statement Related to the Operation of
                                                shown on the maps submitted by the                      would be made to plant buildings or the               Perry Nuclear Power Plant, Units 1 and
                                                licensee in its March 16, 2018, letter.                 site property. Therefore, implementing                2,’’ which provides the latest
                                                Currently, some of the barbed wire                      the proposed action would not result in               description of environmental conditions
                                                bracketing on top of the protected area                 a change to the radiation exposures to                at Perry Nuclear Power Plant, Unit No.
                                                physical barrier fencing do not meet                                                                          1.
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                                                                                                        the public or radiation exposure to plant
                                                certain design criteria specified in 10                 workers.                                              IV. Availability of Documents
                                                CFR 73.2. Specifically, barbed wire on
                                                top of physical barrier fencing on gates,               Environmental Impacts of the                            The documents identified in the
                                                near gates, near interfaces with                        Alternatives to the Proposed Action                   following table are available to
                                                buildings, and on corners is oriented                     As an alternative to the proposed                   interested persons through one or more
                                                vertically.                                             action, the NRC considered denial of the              of the following methods, as indicated.



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                                                                           Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices                                                     44929

                                                                                                              Document                                                                  ADAMS accession No.

                                                FirstEnergy Nuclear Operating Company; Exemption Request for a Physical Barrier Requirement; Dated July 19,                            ML17200D139.
                                                   2017.
                                                FirstEnergy Nuclear Operating Company; Response to Request For Additional Information Regarding Exemption Re-                          ML18078A033.
                                                   quest for a Physical Barrier Requirement; Dated March 16, 2018.
                                                FirstEnergy Nuclear Operating Company; Response to Request For Additional Information Regarding Exemption Re-                          ML18122A133.
                                                   quest for a Physical Barrier Requirement; Dated May 2, 2018.
                                                NUREG–0884; Final Environmental Statement Related to the Operation of Perry Nuclear Power Plant, Units 1 and 2;                        ML15134A060.
                                                   Dated August 1982.



                                                  Dated at Rockville, Maryland, this 29th day           proposed rule change, or institute                     amend its loss allocation rules and make
                                                of August 2018.                                         proceedings to determine whether the                   other conforming and technical
                                                  For the Nuclear Regulatory Commission.                proposed rule change should be                         changes.3 The proposed rule change was
                                                Bhalchandra K. Vaidya,                                  disapproved. The 45th day for this filing              published for comment in the Federal
                                                Project Manager, Plant Licensing Branch III,            is August 30, 2018.
                                                Division of Operating Reactor Licensing,                   The Commission is extending the 45-                    3 On December 18, 2017, FICC filed the proposed
                                                Office of Nuclear Reactor Regulation.                   day time period for Commission action                  rule change as advance notice SR–FICC–2017–806
                                                [FR Doc. 2018–19122 Filed 8–31–18; 8:45 am]             on the proposed rule change. The                       with the Commission pursuant to Section 806(e)(1)
                                                BILLING CODE 7590–01–P                                  Commission finds that it is appropriate                of Title VIII of the Dodd-Frank Wall Street Reform
                                                                                                        to designate a longer period within                    and Consumer Protection Act entitled the Payment,
                                                                                                                                                               Clearing, and Settlement Supervision Act of 2010
                                                                                                        which to take action on the proposed                   (‘‘Clearing Supervision Act’’) and Rule 19b–
                                                SECURITIES AND EXCHANGE                                 rule change so that it has sufficient time             4(n)(1)(i) of the Act (‘‘Advance Notice’’). 12 U.S.C.
                                                COMMISSION                                              to consider the proposed rule change.                  5465(e)(1) and 17 CFR 240.19b–4(n)(1)(i),
                                                                                                           Accordingly, pursuant to Section                    respectively. The Advance Notice was published for
                                                [Release No. 34–83975; File No. SR–                     19(b)(2) of the Act 5 and for the reasons              comment in the Federal Register on January 30,
                                                                                                                                                               2018. In that publication, the Commission also
                                                MIAX–2018–14]                                           stated above, the Commission                           extended the review period of the Advance Notice
                                                                                                        designates October 14, 2018, as the date               for an additional 60 days, pursuant to Section
                                                Self-Regulatory Organizations; Miami                    by which the Commission shall either                   806(e)(1)(H) of the Clearing Supervision Act. 12
                                                International Securities Exchange LLC;                  approve or disapprove, or institute                    U.S.C. 5465(e)(1)(H); Securities Exchange Act
                                                Notice of Designation of Longer Period                  proceedings to determine whether to                    Release No. 82583 (January 24, 2018), 83 FR 4358
                                                for Commission Action on Proposed                                                                              (January 30, 2018) (SR–FICC–2017–806). On April
                                                                                                        disapprove, the proposed rule change
                                                Rule Change To List and Trade                                                                                  10, 2018, the Commission required additional
                                                                                                        (File No. SR–MIAX–2018–14).                            information from FICC pursuant to Section
                                                Options on the SPIKESTM Index                                                                                  806(e)(1)(D) of the Clearing Supervision Act, which
                                                                                                          For the Commission, by the Division of
                                                                                                        Trading and Markets, pursuant to delegated             tolled the Commission’s period of review of the
                                                August 28, 2018.
                                                                                                        authority.6                                            Advance Notice until 60 days from the date the
                                                   On June 28, 2018, Miami International                                                                       information required by the Commission was
                                                Securities Exchange, LLC (‘‘MIAX                        Eduardo A. Aleman,                                     received by the Commission. 12 U.S.C.
                                                Options’’ or ‘‘Exchange’’) filed with the               Assistant Secretary.                                   5465(e)(1)(D); see 12 U.S.C. 5465(e)(1)(E)(ii) and
                                                Securities and Exchange Commission                      [FR Doc. 2018–19057 Filed 8–31–18; 8:45 am]            (G)(ii); see Memorandum from the Office of
                                                                                                                                                               Clearance and Settlement Supervision, Division of
                                                (‘‘Commission’’), pursuant to Section                   BILLING CODE 8011–01–P
                                                                                                                                                               Trading and Markets, titled ‘‘Commission’s Request
                                                19(b)(1) of the Securities Exchange Act                                                                        for Additional Information,’’ available at https://
                                                of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                             www.sec.gov/rules/sro/ficc-an.htm. On June 28,
                                                thereunder,2 a proposed rule change to                  SECURITIES AND EXCHANGE                                2018, FICC filed Amendment No. 1 to the Advance
                                                permit the listing and trading of options               COMMISSION                                             Notice to amend and replace in its entirety the
                                                on the SPIKESTM Index, which                                                                                   Advance Notice as originally filed on December 18,
                                                                                                        [Release No. 34–83970; File No. SR–FICC–               2017, which was published in the Federal Register
                                                measures expected 30-day volatility of                  2017–022]                                              on August 6, 2018. Securities Exchange Act Release
                                                the SPDR S&P 500 ETF Trust. The                                                                                No. 83747 (July 31, 2018), 83 FR 38393 (August 6,
                                                proposed rule change was published for                  Self-Regulatory Organizations; Fixed                   2018) (SR–FICC–2017–806). FICC submitted a
                                                comment in the Federal Register on July                 Income Clearing Corporation; Order                     courtesy copy of Amendment No. 1 to the Advance
                                                16, 2018.3 The Commission has received                  Approving a Proposed Rule Change,                      Notice through the Commission’s electronic public
                                                                                                                                                               comment letter mechanism. Accordingly,
                                                no comments on the proposal.                            as Modified by Amendment No. 1, To                     Amendment No. 1 to the Advance Notice has been
                                                   Section 19(b)(2) of the Act 4 provides               Amend the Loss Allocation Rules and                    publicly available on the Commission’s website at
                                                that within 45 days of the publication of               Make Other Changes                                     https://www.sec.gov/rules/sro/ficc-an.htm since
                                                notice of the filing of a proposed rule                                                                        June 29, 2018. On July 6, 2018, the Commission
                                                change, or within such longer period up                 August 28, 2018.                                       received a response to its request for additional
                                                to 90 days as the Commission may                           On December 18, 2017, Fixed Income                  information in consideration of the Advance Notice,
                                                                                                        Clearing Corporation (‘‘FICC’’) filed                  which, in turn, added a further 60 days to the
                                                designate if it finds such longer period                                                                       review period pursuant to Section 806(e)(1)(E) and
                                                to be appropriate and publishes its                     with the Securities and Exchange                       (G) of the Clearing Supervision Act. 12 U.S.C.
                                                reasons for so finding or as to which the               Commission (‘‘Commission’’) proposed                   5465(e)(1)(E) and (G); see Memorandum from the
                                                self-regulatory organization consents,                  rule change SR–FICC–2017–022                           Office of Clearance and Settlement Supervision,
sradovich on DSK3GMQ082PROD with NOTICES




                                                the Commission shall either approve the                 pursuant to Section 19(b)(1) of the                    Division of Trading and Markets, titled ‘‘Response
                                                                                                        Securities Exchange Act of 1934                        to the Commission’s Request for Additional
                                                proposed rule change, disapprove the                                                                           Information,’’ available at https://www.sec.gov/
                                                                                                        (‘‘Act’’) 1 and Rule 19b–4 thereunder 2 to             rules/sro/ficc-an.htm. The Commission did not
                                                  1 15  U.S.C. 78s(b)(1).                                                                                      receive any comments. The proposal, as set forth in
                                                  2 17                                                    5 15 U.S.C. 78s(b)(2).
                                                        CFR 240.19b–4.                                                                                         both the Advance Notice and the proposed rule
                                                   3 See Securities Exchange Act Release No. 83619        6 17 CFR 200.30–3(a)(31).                            change, each as modified by Amendments No. 1,
                                                (July 11, 2018), 83 FR 32932.                             1 15 U.S.C. 78s(b)(1).
                                                                                                                                                               shall not take effect until all required regulatory
                                                   4 15 U.S.C. 78s(b)(2).                                 2 17 CFR 240.19b–4.                                  actions are completed.



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Document Created: 2018-09-01 02:59:55
Document Modified: 2018-09-01 02:59:55
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 environmental assessment referenced in this document is available on September 4, 2018.
ContactBhalchandra K. Vaidya, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3308; email: [email protected]
FR Citation83 FR 44927 

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