[Federal Register Volume 69, Number 211 (Tuesday, November 2, 2004)]
[Notices]
[Pages 63562-63563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24387]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-219]


AmerGen Energy Company, LLC; Oyster Creek Nuclear Generating 
Station; Environmental Assessment and Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from certain requirements of Title 10 of the 
Code of Federal Regulations (10 CFR) part 50, appendix J, for Facility 
Operating License No. DPR-16, which authorizes operation of the Oyster 
Creek Nuclear Generating Station (OCNGS), a boiling-water reactor 
facility, located in Ocean County, New Jersey. 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

    Title 10 of the Code of Federal Regulations (10 CFR) part 50, 
appendix J, Option B, section III.B., ``Type B and C Tests,'' states, 
in part, that containment leakage tests must demonstrate that the sum 
of the leakage rates at accident pressure of Type B tests, and pathway 
leakage rates from Type C tests, is less than the performance criterion 
(L<INF>a</INF>) with margin as specified in the Technical 
Specifications (TSs). In this context, ``accident pressure,'' 
P<INF>a</INF>, was previously analyzed to be 35 psig at OCNGS. 
Accordingly, for main steam isolation valves (MSIVs), leakage rate 
testing is to be done at the peak containment calculated pressure 
related to the design-basis accident.
    The licensee requested a permanent exemption from the requirements 
of the subject provision of appendix J, such that the MSIVs may be 
tested at lower pressures but not lower than 20 psig. By separate 
application also dated December 23, 2003, the licensee proposed to 
revise the OCNGS TSs, section 4.5.D, to specify the lower test pressure 
and associated leakage test rate; the NRC staff will address the 
proposed amendment by separate correspondence.
    The proposed action is in accordance with the licensee's 
application for exemption dated December 23, 2003.

The Need for the Proposed Action

    The licensee stated that, as a result of the design of the inboard 
and outboard MSIVs on each steam line, the preferred method of Type C 
testing is through the use of a between-the-valves test tap. Periodic 
Type C testing verifies that the leakage assumed in the radiological 
analysis is not exceeded. The licensee is requesting this exemption in 
order to reduce the probability of lifting the inboard MSIVs during 
testing. Testing of the two valves simultaneously at P<INF>a</INF>, by 
pressurizing between the valves tends to lift the disc of the inboard 
valve. This results in test results which may not accurately reflect 
the isolation capabilities of the MSIVs.
    The licensee proposed an exemption from the requirements of 10 CFR 
part 50, appendix J, Option B, section III.B, by specifying testing at 
a minimum of 20 psig, instead of P<INF>a</INF>, between the inboard and 
outboard MSIVs. This pressure would avoid lifting the disc of the 
inboard MSIV. The measured leakage rate for any one main steam line 
through the isolation valves will be limited to a proposed pathway 
leakage value of 11.9 standard cubic feet per hour (this proposed value 
will be evaluated in the safety evaluation of the associated 
amendment). All the changes addressed by the requested exemption (and 
associated amendment) are concerned with MSIV testing only, and do not 
affect MSIV design functions.

Environmental Impacts of the Proposed Action

    The NRC has completed its safety evaluation of the proposed action 
and concludes that the alternative measures proposed by the licensee 
and discussed above will provide assurance that the primary reactor 
containment is an essentially leak tight barrier against uncontrolled 
release of radioactivity to the environment. The performance of the 
containment, including the MSIVs, will not be negatively affected by 
the proposed exemption. The details of the NRC staff's safety 
evaluation will be provided in the exemption.
    The proposed exemption will not significantly increase the 
probability or consequences of accidents. No changes are being made in 
the types or quantities of radiological effluents that may be released. 
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 staff 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 NRC 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 
OCNGS, dated December 1974, published by the Atomic Energy Commission.

Agencies and Persons Consulted

    In accordance with its stated policy, on October 13, 2004, the NRC 
staff consulted with the New Jersey State official, Mr. Rich Pinney of 
the New Jersey Department of Environmental Protection, Bureau of 
Nuclear Engineering, 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 
licensee's letter dated December 23, 2003. 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 O1F21, 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://

[[Page 63563]]

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 <a href="/cdn-cgi/l/email-protection#ed9d899fad839f8ec38a829b"><span class="__cf_email__" data-cfemail="97e7f3e5d7f9e5f4b9f0f8e1">[email protected]</span></a>.

    (Note: Public access to ADAMS has been temporarily suspended so 
that security reviews of publicly available documents may be 
performed and potentially sensitive information removed. Please 
check the NRC Web site for updates on the resumption of ADAMS 
access.)

    Dated at Rockville, Maryland, this 27th day of October 2004.

    For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Section 1, Project Directorate I,Division of 
Licensing Project Management,Office of Nuclear Reactor Regulation.
[FR Doc. 04-24387 Filed 11-1-04; 8:45 am]
BILLING CODE 7590-01-P


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