ML072110018

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Environmental Assessment Regarding the Revision of Existing Exemptions from Title 10 of the Code of Federal Regulations Part 50, Appendix R Requirements -
ML072110018
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 09/24/2007
From: Boska J
NRC/NRR/ADRO/DORL/LPLI-1
To: Balduzzi M
Entergy Nuclear Operations
Boska J, NRR, 301-415-2901
References
TAC MD2671
Download: ML072110018 (8)


Text

September 24, 2007 Mr. Michael A. Balduzzi Sr. Vice President & COO Regional Operations, NE Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 - ENVIRONMENTAL ASSESSMENT REGARDING THE REVISION OF EXISTING EXEMPTIONS FROM TITLE 10 OF THE CODE OF FEDERAL REGULATIONS PART 50, APPENDIX R REQUIREMENTS - (TAC NO. MD2671)

Dear Mr. Balduzzi:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to your application for revision of existing exemptions. This action is in response to your application dated July 24, 2006, Agencywide Documents Access and Management System (ADAMS) accession number ML062140057, as supplemented on April 30, May 23, and August 16, 2007, ADAMS accession numbers ML071280504, ML071520177, and ML071520177. This application requested revisions to prior exemptions from the Appendix R, III.G.2, requirement for a 1-hour fire barrier in Fire Areas ETN-4 and PAB-2.

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

Sincerely,

/ra/

John P. Boska, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-286

Enclosure:

Environmental Assessment cc w/encl: See next page

September 24, 2007 Mr. Michael A. Balduzzi Sr. Vice President & COO Regional Operations, NE Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 - ENVIRONMENTAL ASSESSMENT REGARDING THE REVISION OF EXISTING EXEMPTIONS FROM TITLE 10 OF THE CODE OF FEDERAL REGULATIONS PART 50, APPENDIX R REQUIREMENTS - (TAC NO. MD2671)

Dear Mr. Balduzzi:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to your application for revision of existing exemptions. This action is in response to your application dated July 24, 2006, Agencywide Documents Access and Management System (ADAMS) accession number ML062140057, as supplemented on April 30, May 23, and August 16, 2007, ADAMS accession numbers ML071280504, ML071520177, and ML071520177. This application requested revisions to prior exemptions from the Appendix R, III.G.2, requirement for a 1-hour fire barrier in Fire Areas ETN-4 and PAB-2.

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

Sincerely,

/ra/

John P. Boska, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-286

Enclosure:

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

PUBLIC RidsNrrLASLittle RidsNrrDlrReba LPLI-1 R/F RidsNrrDraAfpb ECobey, RI RidsNrrDorrlLpl1-1 RidsAcrsAcnwMailCenter DORL DPR RidsNrrPMJBoska RidsOGCMailCenter Accession: ML072110018 OFFICE LPL1-1/PM LPL1-1/LA REBA/BC OGC LPL1-1/BC NAME JBoska SLittle EBenner LSubin MKowal DATE 9/4/07 9/4/07 9/6/07 9/21/07 9/24/07 OFFICIAL RECORD COPY

Indian Point Nuclear Generating Unit No. 3 cc:

Mr. Michael R. Kansler Mr. John A. Ventosa President & CEO / CNO GM, Engineering Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. John T. Herron Mr. John F. McCann Sr. Vice President Director, Nuclear Safety & Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Sr. Vice President Ms. Charlene D. Faison Engineering & Technical Services Manager, Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. Fred R. Dacimo Mr. Ernest J. Harkness Site Vice President Director, Oversight Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

Indian Point Energy Center 1340 Echelon Parkway 450 Broadway, GSB Jackson, MS 39213 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Patric W. Conroy Director, Nuclear Safety Assurance Mr. Anthony Vitale - Acting Entergy Nuclear Operations, Inc.

General Manager, Plant Operations Indian Point Energy Center Entergy Nuclear Operations, Inc. 450 Broadway, GSB Indian Point Energy Center P.O. Box 249 450 Broadway Buchanan, NY 10511-0249 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Robert Walpole Manager, Licensing Mr. Oscar Limpias Entergy Nuclear Operations, Inc.

Vice President Engineering Indian Point Energy Center Entergy Nuclear Operations, Inc. 450 Broadway, GSB 1340 Echelon Parkway P. O. Box 249 Jackson, MS 39213 Buchanan, NY 10511-0249 Mr. Joseph P. DeRoy Mr. William C. Dennis Vice President, Operations Support Assistant General Counsel Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.

1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601

Indian Point Nuclear Generating Unit No. 3 cc:

Mr. Michael Balboni Mr. William DiProfio Deputy Secretary for Public Safety PWR SRC Consultant State Capitol, Room 229 48 Bear Hill Road Albany, NY 12224 Newton, NH 03858 Mr. John P. Spath Mr. Garry Randolph New York State Energy, Research, and PWR SRC Consultant Development Authority 1750 Ben Franklin Drive, 7E 17 Columbia Circle Sarasota, FL 34236 Albany, NY 12203-6399 Mr. William T. Russell Mr. Paul Eddy PWR SRC Consultant New York State Department 400 Plantation Lane of Public Service Stevensville, MD 21666-3232 3 Empire State Plaza Albany, NY 12223-1350 Mr. Jim Riccio Greenpeace Regional Administrator, Region I 702 H Street, NW U.S. Nuclear Regulatory Commission Suite 300 475 Allendale Road Washington, DC 20001 King of Prussia, PA 19406 Mr. Phillip Musegaas Senior Resident Inspectors Office Riverkeeper, Inc.

Indian Point 3 828 South Broadway U. S. Nuclear Regulatory Commission Tarrytown, NY 10591 P.O. Box 59 Buchanan, NY 10511 Mr. Mark Jacobs IPSEC Mr. Charles Donaldson, Esquire 46 Highland Drive Assistant Attorney General Garrison, NY 10524 New York Department of Law 120 Broadway New York, NY 10271 Mr. Raymond L. Albanese Four County Coordinator 200 Bradhurst Avenue Unit 4 Westchester County Hawthorne, NY 10532 Mayor, Village of Buchanan 236 Tate Avenue Buchanan, NY 10511

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION ENTERGY 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 a revision of existing exemptions from Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Appendix R, Fire Protection Program for Nuclear Power Facilities Operating Prior to January 1, 1979, for Fire Areas ETN-4 and PAB-2, issued to Entergy Nuclear Operations, Inc.

(the licensee), for operation of Indian Point Nuclear Generating Unit No. 3 (IP3), located in Westchester County, NY. 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 revise the January 7, 1987 safety evaluation (SE) to reflect that the installed Hemyc electrical raceway fire barrier system (ERFBS) configurations provide either a 30-minute fire resistance rating, or in one case a 24-minute fire resistance rating, in lieu of the previously stated 1-hour fire resistance rating. The licensee states that a Hemyc ERFBS fire resistance rating will provide sufficient protection for the affected raceways, with adequate margin, to continue to meet the intent of the original requests for exemption and conclusions presented in the NRC's January 7, 1987, SE. The licensee concludes that the revised fire resistance rating of the Hemyc ERFBS does not reflect a reduction in overall fire safety, and

presents no added challenge to the credited post-fire safe-shutdown capability which remains materially unchanged from the configuration originally described in previous letters and as credited in the January 7, 1987, SE.

The proposed action is in accordance with the licensees application dated July 24, 2006, as supplemented by letters dated April 30, May 23, and August 16, 2007.

The Need for the Proposed Action:

The proposed revision of existing exemptions from 10 CFR Part 50, Appendix R, is needed in response to NRC Information Notice 2005-07. The information notice provided licensees the details of Hemyc ERFBS full-scale fire tests conducted by the NRCs Office of Nuclear Regulatory Research. The test results concluded that the Hemyc ERFBS does not provide the level of protection expected for a 1-hour rated fire barrier, as originally designed.

The proposed revision to existing exemptions would revise the fire resistance rating of Hemyc ERFBS configurations.

Environmental Impacts of the Proposed Action:

The NRC has completed its SE of the proposed action and concludes that the configuration of the fire zones under review provide reasonable assurance that a severe fire is not plausible and the existing fire protection features are adequate. The details of the staffs SE will be provided in the exemptions that will be issued as part of the letter to the licensee approving the exemption. Based on the presence of redundant safe-shutdown trains, minimal fire hazards and combustibles, automatic cable tray fire suppression system, manual fire suppression features, fire barrier protection, existing Hemyc configuration, and the installed smoke detection system, the NRC staff finds that the use of this Hemyc fire barrier in these zones will not significantly increase the consequences from a fire in these fire zones.

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.

There is no significant increase in the amount of any effluent released off site. 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 non-radiological impacts, the proposed action does not have a potential to affect any historic sites. It does not affect non-radiological plant effluents and has no other environmental impact. Therefore, there are no significant non-radiological environmental impacts associated with the proposed action.

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

Environmental Impacts of the Alternatives to the Proposed Action:

As an alternative to the proposed action, the staff considered denial of the proposed action (i.e., the no-action alternative). Denial of the application would result in no change in current environmental impacts. 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 resources than those previously considered in the Final Environmental Statement for IP3, dated February, 1975.

Agencies and Persons Consulted:

In accordance with its stated policy, on February 13, 2007, the NRC staff consulted with the New York State official, Alyse Peterson of the New York State Energy 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 July 24, 2006, Agencywide Documents Access and Management System (ADAMS) accession number ML062140057, as supplemented on April 30, 2007, ADAMS accession number ML071280504, May 23, 2007, ADAMS accession number ML071520177, and August 16, 2007, ADAMS accession number ML072400369. 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 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 send an e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this 24th day of September 2007.

FOR THE NUCLEAR REGULATORY COMMISSION

/ra/

John P. Boska, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation