ML100610546

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Environmental Assessment and Finding of No Significant Impact (Ltr.)
ML100610546
Person / Time
Site: Davis Besse 
Issue date: 03/18/2010
From: Michael Mahoney
Plant Licensing Branch III
To: Allen B
FirstEnergy Nuclear Operating Co
Mahoney, M NRR/DORL/LPLIII- 2 415-3867
References
TAC ME2955
Download: ML100610546 (7)


Text

UNITED STA'rES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555"()001 March 18, 2010 Mr. Barry S. Allen Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-30aO 5501 North State Route 2 Oak Harbor, OH 43449-9760 SUB..IECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1 - ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT (TAC NO. ME2955)

Dear Mr. Allen:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to your application for exemption dated November 30,2009, as supplemented on December 23, 2009. The proposed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 73, for the Davis-Besse Nuclear Power Station, Unit 1, would extend the deadline from March 31,2010. until February 3,2011, for the implementation of certain measures in 10 CFR Part 73.

The Environment Assessment and Finding of No Significant Impact is being forwarded to the Office of the Federal Register for publication.

Sino ~

a.e, M.hone~.ger Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346

Enclosure:

Environmental Assessment cc w/encl: Distribution via Listserv

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION FIRSTENERGY NUCLEAR OPERATING COMPANY DOCKET NO. 50-346 DAVIS-BESSE NUCLEAR POWER STATION ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an Exemption, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 73.5, "Specific exemptions," from the implementation date for certain new requirements of 10 CFR Part 73, "Physical protection of plants and materials," for Facility Operating License No. NPF-3, issued to FirstEnergy Nuclear Operating Company (FENOC, the licensee), for operation of the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS), located in Ottawa County, Ohio.

Therefore, as required by 10 CFR 51.21, the NRC performed an environmental assessment.

Based on the results of this environmental assessment, the NRC is issuing a finding of no significant impact.

ENVIRONMENTAL ASSESSMENT Identification of the Proposed Action:

The proposed action would exempt the DBNPS from the required implementation date of March 31, 2010, for a certain new requirement of 10 CFR Part 73. Specifically, DBNPS would be granted an exemption from being in full compliance with certain new requirements contained in 10 CFR 73.55 by the March 31, 2010, deadline. FENOC has proposed an alternate full compliance date of February 3, 2011, approximately 11 months beyond the date required by

- 2 10 CFR Part 73. The proposed action, an extension of the schedule for completion of certain actions required by the revised 10 CFR Part 73, does not involve any physical changes to the reactor, fuel, plant structures, support structures, water or land at the DBNPS site.

The proposed action is in accordance with the licensee's application dated November 30, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML093370138, not publically available, contains security-related information), as supplemented on December 23, 2009 (ADAMS Accession No. ML093650293, not publically available, contains security-related information).

The Need for the Proposed Action:

The proposed action is needed to provide the licensee with additional time to perform and design the necessary modifications, procure equipment and material, and implement upgrades to comply with a specific aspect of 10 CFR 73.55.

Environmental Impacts of the Proposed Action:

The NRC has completed its evaluation of the proposed exemption. The staff has concluded that the proposed action to extend the implementation deadline would not significantly affect plant safety and would not have a significant adverse effect on the probability of an accident occurring.

The details of the staff's safety evaluation will be provided in the exemption that will be issued as part of the letter to the licensee approving the exemption.

The proposed action would not result in an increased radiological hazard beyond those previously analyzed in the environment assessment and finding of no significant impact made by the Commission in promulgating its revisions to 10 CFR, Part 73 as discussed in a Federal Register notice dated March 27, 2009 (74 FR 13967). There will be no change to radioactive effluents that effect radiation exposures to plant workers and members of the public. Therefore,

- 3 no changes or different types of radiological impacts are expected as a result of the proposed exemption, The proposed action does not result in changes to land use or water use, or result in changes to the quality or quantity of non-radiological effluents. No changes to the National Pollution Discharge Elimination System permit are needed. No effects on the aquatic or terrestrial habitat in the vicinity of the plant, or to threatened, endangered, or protected species under the Endangered Species Act, or impacts to essential fish habitat covered by the Magnuson-Steven's Act are expected, There are no impacts to the air or ambient air quality.

There are no impacts to historical and cultural resources. There would be no impact to socioeconomic resources, Therefore, no changes to or different types of non-radiological environmental impacts are expected as a result of the proposed exemption, Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action, In addition, in promulgating its revisions to 10 CFR, Part 73, the Commission prepared an environment assessment and published a finding of no significant impact (Part 73, Power Reactor Security Requirements, 74 FR 13926, 13967 (March 27, 2009)).

The licensee currently maintains a security system acceptable to the NRC, The new 10 CFR Part 73 security measures that would be implemented by March 31, 2010, would continue to provide acceptable onsite physical protections of DBNPS. Therefore, the extension of the implementation date of the new requirements of 10 CFR Part 73 to February 3, 2011, would not have any Significant environmental impacts, The NRC staffs safety evaluation will be provided in the exemption that will be issued as part of the letter to the licensee approving the exemption to the regulation, if granted,

- 4 Environmental Impacts of the Alternatives to the Proposed Action:

As an alternative to the proposed action, the staff considered denial of the proposed action (Le., the "no-action" alternative). Denial of the application would result in no change in current environmental impacts. If the proposed action was denied, the licensee would have to comply with the March 31, 2010, implementation deadline. The environmental impacts of the proposed action and the "no-action" 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, NUREG-75/097, dated October 1975, for the DBNPS.

Agencies and Persons Consulted:

In accordance with its stated policy, on February 24, 2009, the staff consulted with the Ohio State official, Ms. Carol O'Claire of the Ohio Emergency Management Agency, regarding the environmental impact of the proposed action. The State official had no comments.

FINDING OF NO SIGNIFICANT IIVIPACT 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 licensee's letter dated November 30, 2009, as supplemented on December 23, 2009. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and

- 5 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 send an e-mail to pdr.resource@nrc.gov.

Dated at Rockville, Maryland, this 18trPay of March 2010.

FOpCLEA R REGULATORY/COMMISSION Michael Mahoney, Proj ct Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

March 18, 2010 Mr. Barry S. Allen Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760

SUBJECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1 - ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT (TAC NO. ME2955)

Dear Mr. Allen:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to your application for exemption dated November 30, 2009, as supplemented on December 23, 2009. The proposed exemption from specific requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 73, for the Davis-Besse Nuclear Power Station, Unit 1, would extend the deadline from March 31,2010, until February 3, 2011, for the implementation of certain measures in 10 CFR Part 73.

The Environment Assessment and Finding of No Significant Impact is being forwarded to the Office of the Federal Register for publication.

Docket No. 50-346

Enclosure:

Environmental Assessment cc w/encl: Distribution via Listserv DISTRIBUTION:

PUBLIC LPLlII-2 RfF RidsAcrsAcnw_MailCTR Resource RidsNrrDlrRerb Resource RidsNrrDorlLpl3-2 Resource Sincerely, IRA!

Michael Mahoney, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation RidsNrrLATHarris Resource RidsNrrPMMMahoney Resource RidsOgcRp Resource RidsRgn3MailCenter Resource ADAMS Accession Nos. Letter (NRR-106) ML 1006.10546 EA FRN (NRR-044 ) ML100610573 OFFICE DORULPL3-2IPM DORULPL2-3/LA NRRlDLRlRERB/BC OGC(NLO)

DORULPL3-2/BC NAME MMahoney THarris Almboden LSubin CGratton for SCampbeli DATE 03/17110 03/17/10 03/8110 03/18/10 03/18/10 OFFICIAL RECORD COpy