ML033290015

Environmental Assessment and Finding of No Significant Impact for a Proposed Exemption from Requirements of 10 CFR 50.60(a)

ML033290015
Person / Time
Site:	Indian Point
Issue date:	11/24/2003
From:	Milano P NRC/NRR/DLPM/LPD1
To:	Kansler M Entergy Nuclear Operations
Milano P, NRR/DLPM , 415-1457
References
TAC MB9132
Download: ML033290015 (11)

Text

November 24, 2003 Mr. Michael Kansler, President Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 - ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR A PROPOSED EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 50.60(a)

(TAC NO. MB9132)

Dear Mr. Kansler:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to your application for exemption dated May 28, 2003. The proposed exemption from the requirements of 10 CFR 50.60(a) would permit the use of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code),Section XI, Code Case N-640, Alternative Requirement Fracture Toughness for Development of P-T [Pressure and Temperature] Limit Curves for ASME Section XI Division I, in lieu of 10 CFR Part 50 Appendix G, paragraph I.

The assessment is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Patrick D. Milano, Sr. Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-286

Enclosure:

Environmental Assessment cc w/encl: See next page

November 24, 2003 Mr. Michael Kansler, President Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 - ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR A PROPOSED EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 50.60(a)

(TAC NO. MB9132)

Dear Mr. Kansler:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to your application for exemption dated May 28, 2003. The proposed exemption from the requirements of 10 CFR 50.60(a) would permit the use of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code),Section XI, Code Case N-640, Alternative Requirement Fracture Toughness for Development of P-T [Pressure and Temperature] Limit Curves for ASME Section XI Division I, in lieu of 10 CFR Part 50 Appendix G, paragraph I.

The assessment is being forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Patrick D. Milano, Sr. Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-286

Enclosure:

Environmental Assessment cc w/encl: See next page DISTRIBUTION:

PUBLIC P. Milano P-T Kuo C. Bixler, RI PDI R/F S. Coffin J. Tappert OGC R. Laufer S. Little K. Kavanaugh ACRS W. Beckner C. Sydnor Accession Number: ML033290015 OFFICE PDI-1\PM PDI-1\LA RLEP\SC RORP OGC PDI-1\SC NAME PMilano SLittle JTappert TBoyce for KKavanaugh RHoefling RLaufer DATE 11/18/03 11/20/03 11/20/03 11/19/03 11/24/03 11/24/03 OFFICIAL RECORD COPY

Indian Point Nuclear Generating Unit No. 3 cc:

Mr. Gary Taylor Ms. Charlene Faison Chief Executive Officer Manager, Licensing Entergy Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. John Herron Director of Oversight Senior Vice President and Entergy Nuclear Operations, Inc.

Chief Operating Officer 440 Hamilton Avenue Entergy Nuclear Operations, Inc. White Plains, NY 10601 440 Hamilton Avenue White Plains, NY 10601 Mr. James Comiotes Director, Nuclear Safety Assurance Mr. Fred Dacimo Entergy Nuclear Operations, Inc.

Vice President, Operations Indian Point Energy Center Entergy Nuclear Operations, Inc. 295 Broadway, Suite 2 Indian Point Energy Center P.O. Box 249 295 Broadway, Suite 2 Buchanan, NY 10511-0249 P.O. Box 249 Buchanan, NY 10511-0249 Mr. John McCann Manager, Licensing Mr. Christopher Schwarz Entergy Nuclear Operations, Inc.

General Manager, Plant Operations Indian Point Energy Center Entergy Nuclear Operations, Inc. 295 Broadway, Suite 2 Indian Point Energy Center P. O. Box 249 295 Broadway, Suite 2 Buchanan, NY 10511-0249 P.O. Box 249 Buchanan, NY 10511-0249 Mr. John M. Fulton Assistant General Counsel Mr. Dan Pace Entergy Nuclear Operations, Inc.

Vice President Engineering 440 Hamilton Avenue Entergy Nuclear Operations, Inc. White Plains, NY 10601 440 Hamilton Avenue White Plains, NY 10601 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Mr. Randall Edington 475 Allendale Road Vice President Operations Support King of Prussia, PA 19406 Entergy Nuclear Operations, Inc.

440 Hamilton Avenue Senior Resident Inspector, Indian Point 3 White Plains, NY 10601 U. S. Nuclear Regulatory Commission 295 Broadway, Suite 1 Mr. John Kelly P.O. Box 337 Director, Nuclear Safety Assurance Buchanan, NY 10511-0337 Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

Indian Point Nuclear Generating Unit No. 3 cc:

Mr. Peter R. Smith, Acting President Mr. William DiProfio New York State Energy, Research, and PWR SRC ConsultaNT Development Authority 139 Depot Road Corporate Plaza West East Kingston, NH 03827 286 Washington Avenue Extension Albany, NY 12203-6399 Mr. Dan C. Poole PWR SRC Consultant Mr. J. Spath, Program Director 20 Captains Cove Road New York State Energy, Research, and Inglis, FL 34449 Development Authority 17 Columbia Circle Mr. William T. Russell Albany, NY 12203-6399 PWR SRC Consultant 400 Plantation Lane Mr. Paul Eddy Stevensville, MD 21666-3232 Electric Division New York State Department Alex Matthiessen of Public Service Executive Director 3 Empire State Plaza, 10th Floor Riverkeeper, Inc.

Albany, NY 12223 25 Wing & Wing Garrison, NY 10524 Mr. Charles Donaldson, Esquire Assistant Attorney General Paul Leventhal New York Department of Law The Nuclear Control Institute 120 Broadway 1000 Connecticut Avenue NW New York, NY 10271 Suite 410 Washington, DC, 20036 Mayor, Village of Buchanan 236 Tate Avenue Karl Copeland Buchanan, NY 10511 Pace Environmental Litigation Clinic 78 No. Broadway Mr. Ray Albanese White Plains, NY 10603 Executive Chair Four County Nuclear Safety Committee Jim Riccio Westchester County Fire Training Center Greenpeace 4 Dana Road 702 H Street, NW Valhalla, NY 10592 Suite 300 Washington, DC 20001 Ms. Stacey Lousteau Treasury Department Mr. Robert D. Snook Entergy Services, Inc. Assistant Attorney General 639 Loyola Avenue State of Connecticut Mail Stop: L-ENT-15E 55 Elm Street New Orleans, LA 70113 P.O. Box 120 Hartford, CT 06141-0120

Indian Point Nuclear Generating Unit No. 3 cc:

Mr. David Lochbaum Nuclear Safety Engineer Union of Concerned Scientists 1707 H Street NW, Suite 600 Washington, DC 20006

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION ENERGY NUCLEAR OPERATIONS, INC.

DOCKET NO. 50-286 INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an exemption from Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Section 50.60(a) for Facility Operating License No. DPR-64, issued to Entergy Nuclear Operations, Inc. (the licensee), for operation of the Indian Point Nuclear Generating Unit No. 3 (IP3), located in Westchester County, New York. Therefore, as required by 10 CFR 51.21, the NRC is issuing this environmental assessment and finding of no significant impact.

ENVIRONMENTAL ASSESSMENT Identification of the Proposed Action:

The proposed action would provide an exemption from the requirements of 10 CFR 50.60(a) to permit the use of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code),Section XI, Code Case N-640, Alternative Requirement Fracture Toughness for Development of P-T [Pressure and Temperature] Limit Curves for ASME Section XI Division I, in lieu of 10 CFR Part 50, Appendix G, paragraph I.

The proposed action is in accordance with the licensees application dated May 28, 2003.

The Need for the Proposed Action:

The proposed action provides relief from the restriction of the P-T operating window defined by the P-T operating and test curves developed in accordance with ASME Code,

Section XI, Appendix G procedure. ASME Code,Section XI, Appendix G procedure was conservatively developed based on the level of knowledge existing in 1974 concerning reactor pressure vessel materials and the estimated effects of operation. Since 1974, the level of knowledge about these topics has been greatly expanded. This increased knowledge permits relaxation of the ASME Code,Section XI, Appendix G, requirements via application of ASME Code Case N-640 while maintaining the underlying purpose of the ASME Code,Section XI, Appendix G procedure. The restriction of the P-T operating and test curves developed in accordance with ASME Code,Section XI, Appendix G procedure would challenge the operations staff when operating at low temperatures.

Environmental Impacts of the Proposed Action:

The NRC has completed its evaluation of the proposed action and concludes as set forth below, there are no significant environmental impacts associated with the use of the alternative analysis methods to support the revision of the P-T curves.

The proposed action will not significantly increase the probability or consequences of accidents, no changes are being made in the types of effluents that may be released off site, and there is no significant increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action.

With regard to potential nonradiological impacts, the proposed action does not have a potential to affect any historic sites. It does not affect nonradiological plant effluents and has no other environmental impact. Therefore, there are no significant nonradiological environmental impacts associated with the proposed action.

Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action:

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

Alternative Use of Resources:

The action does not involve the use of any different resource than those previously considered in the Final Environmental Statement for IP3, dated September 1972.

Agencies and Persons Consulted:

On November 20, 2003, the staff consulted with the New York State official, Mr. John Spath of the New York State Research and Development Authority, regarding the environmental impact of the proposed action. The State official had no comments.

FINDING OF NO SIGNIFICANT IMPACT On the basis of the environmental assessment, 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.

For further details with respect to the proposed action, see the licensees letter dated May 28, 2003. Documents may be examined, and/or copied for a fee, at the NRCs Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System (ADAMS)

Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this 24th day of November 2003.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Richard J. Laufer, Chief, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation