ML20211P093

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Environ Assessment & Finding of No Significant Impact Re Issuance of Exemption from Certain Requirements of 10CFR100. Exemption Would Permit Use of Joint Licensees Current Exclusion Area Boundaries for Purposes of 10CFR100.11
ML20211P093
Person / Time
Site: Grand Gulf  Entergy icon.png
Issue date: 12/12/1986
From: Butler W
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20211P098 List:
References
NUDOCS 8612180388
Download: ML20211P093 (4)


Text

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UNITED STATFS NUCLEAR REGULATORY COMMISSION MISSISSIPPI POWER AND LIGHT COMPANY '

MIDDLE SOUTH ENERGY, INC.

SOUTH MISSISSIPPI ELECTRIC POWER ASSOCIATION DOCKET NOS. 50-416/50-417 ENVIRONMENTAL ASSESSMENT AND FINDIN(: OF NO SIGNIFICANT IMPACT The U.S. Nuclear Regulatory Commission (the Commission) is issuing an exemption for an interim period from certain requirements of 10 CFR Part 100 to Mississippi Power and Light Company'(MP&L), the South Mississippi El'ectric Power Association (SMEPA) and Middle South Energy, Inc. (MSE), which are the joint ljcensees for the Grand Gulf Nuclear Station (GGNS), EU nit I and Unit 2 located in Claiborne County, Mississippi.

ENVIRONMENTAL ASSESSMENT '

Identification of Proposed Action:

The proposed action would provide a temporary partial exemption to the joint licensees from 10 CFR 100.11(a) (1) insofar as it incorporates by reference

, the definition of " exclusion area" (10 CFR 100.3(a)) requiring that a reactor licensee have "the authority to detennine all activities including exclusion or removal of personnel and property from the area." The exemption would, for a limited period of time, not to extend beyond April 30, 1987, permit use of joint licensees' current exclusion area boundaries for purposes of 10 CFR 100.11 and 100.3(a) notwithstanding that the joint licensees have not demonstrated their. ability, over the entire term of their construction permit for Unit 2 or operating license for Unit 1 to determine all activities in the exclusion area with respect to exercise of' mineral rights within the exclusion M MSE has recently changed its name to System Energy Resources, Inc. (SERI)

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-2 area. This temporary partial exemption would be effective for the period of time until the mineral rights issue is resolved, or until April 30, 1987, which-ever is earlier. '

The Need for the Proposed Action:

The exemption is required to permit the joint licensees to' retain the current configuration of the exclusion area for GGNS, notwithstanding that joint licensees have not demonstrated, over the full term of their license and construction permit, the authority to determine the exclusion area activities of non-licensee owners of mineral rights.

Environmental Impact of the Proonsed Action: '

Parties in addition to the joint licensees own varying-fractions of the mineral rights in the Grand Gulf Nuclear Station exclusion area.! However, joint licensees have submitted information which demonstrates that their failure to demonstrate complete control over the exercise of mineral rights for the terms of their current licenses will nct have any practical ramifications '

or pose significant hazards to the public health and safety during the period through April 30, 1987. Joint licensees own or have agreements assuring complete control over access to the exclusion area for purpose of exercising any rights other than mineral rights. Physical control over the area is provided through fences and security forces. Any legal rights to the minerals of the exclusion area cannot be exercised lawfully by force, and must be' obtained through legal steps requiring notice and opportunity to be heard by the State permitting authority. Joint licensees have various legal means for preventing the exercise of mineral rights in the exclusion area and they have cannitted to pursue these legal means if exercise of the mineral rights is attempted. This would effectively preclude site activities by any non-licensees

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mineral rights owners during the period of the exemption. In addition it has been shown that the likelihood of attempts by non-licensees to exercise mineral exploration rights in the vicinity of GGNS duririg the period of'the exemption is very rerrote due to the drilling history of the region.

, Therefore, during the limited period of this exemption, there is reasonable assurance that, although the licensees do not own all of the mineral rights in the exclusion area, issuance of the exemption will not affect any activities within the exclusion area. Consequently, the potential for any increase in the environmental impact associated with this exemption is insignificant.

Alternative to the Proposed Action: -

The staff has concluded that there is no measurable environtrental impact associated with issuance of the exemption. The principal alternative would be to deny the requested exemption. This alternative would not reduce the environ- 4 mental impacts of operations at the GGNS. However, denial of the exemption could result in some unwarranted interruption of power production.

Alternative Use of Resources:

The issuance of the exemption discussed above does not involve the use of resources not previously considered in connection with the " Final Environmental Statement related to the Operation of the Grand Gulf Nuclear Station, Units 1 and 2," dated September 1981.

Acencies and Persons Contacted The NRC staff reviewed the joint licensees' request for exemption and did not consult other agencies or persons.

Findino of No Sionificant Impact The staff has reviewed the proposed action relative to the requirements set forth in 10 CFR Part 51. Based on this assessment, the staff concludes that there are no significant envircnmental impacts asscciated with the proposed action and that the issuance of the proposed exemption will have no significant impact-on the quality of the human environment. Therefore, pursuant to 10 CFR 51.31, an environmental impact statement need not be prepared for this action.

For further details with respect to this action, see the request for exemption and approval of the exemption which is available for public inspection at the Commission's Public Document Room, 1717 H St., N.W., Washington, D.C.

20555 and at the Hinds Junior College, McLendon Library, Raymond, Mississippi 39154.

Dated at Bethesda, Maryland this 12th day of December 1986.

FOR THE NUCLEAR REGULATORY COMMISSION MaK7dBJdL Walter R. Butler, Director

, BWR Project Directorate No. 4 Division of BWR Licensing

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