[Federal Register Volume 69, Number 222 (Thursday, November 18, 2004)]
[Notices]
[Pages 67612-67613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25588]



[[Page 67612]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271]


Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear 
Operations, Inc.; Vermont Yankee Nuclear Power Station Environmental 
Assessment and Finding of No Significant Impact

Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from 10 CFR Part 50.54(o) and 10 CFR Part 50, 
Appendix J, for Facility Operating License No. DPR-28, issued to 
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, 
Inc. (Entergy or the licensee) for operation of the Vermont Yankee 
Nuclear Power Station (VYNPS), located in Vernon, Vermont. 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 exempt Entergy from requirements to 
include main steam isolation valve (MSIV) leakage in (a) the overall 
integrated leakage rate test measurement required by Section III.A of 
Appendix J, Option B, and (b) the sum of local leak rate test 
measurements required by Section III.B of Appendix J, Option B.
    The proposed action is in accordance with the licensee's 
application dated July 31, 2003, as supplemented by letters dated 
October 10, November 7 (2 letters), November 20, December 11 (2 
letters), and December 30, 2003, and February 10, February 18, February 
25, March 17, May 12, and July 20, 2004, for exemption from certain 
requirements of 10 CFR 50.54(o) and 10 CFR Part 50, Appendix J.

The Need for the Proposed Action

    Section 50.54(o) of 10 CFR Part 50 requires that primary reactor 
containments for water cooled power reactors be subject to the 
requirements of Appendix J to 10 CFR Part 50. Appendix J specifies the 
leakage test requirements, schedules, and acceptance criteria for tests 
of the leak tight integrity of the primary reactor containment and 
systems and components which penetrate the containment. Option B, 
Section III.A requires that the overall integrated leak rate must not 
exceed the allowable leakage (La) with margin, as specified in the 
Technical Specifications (TSs). The overall integrated leak rate, as 
specified in the 10 CFR Part 50, Appendix J definitions, includes the 
contribution from MSIV leakage. By letter dated July 31, 2003, the 
licensee has requested an exemption from Option B, Section III.A, 
requirements to permit exclusion of MSIV leakage from the overall 
integrated leak rate test measurement. Option B, Section III.B of 10 
CFR Part 50, Appendix J requires that the sum of the leakage rates of 
Type B and Type C local leak rate tests be less than the performance 
criterion (La) with margin, as specified in the TSs. The licensee's 
July 31, 2003, letter also requests an exemption from this requirement, 
to permit exclusion of the MSIV contribution to the sum of the Type B 
and Type C tests.
    The above-cited requirements of Appendix J require that MSIV 
leakage measurements be grouped with the leakage measurements of other 
containment penetrations when containment leakage tests are performed. 
These requirements are inconsistent with the design of the VYNPS and 
the analytical models used to calculate the radiological consequences 
of design basis accidents. At VYNPS, and similar facilities, the 
leakage from primary containment penetrations, under accident 
conditions, is collected and treated by the secondary containment 
system, or would bypass the secondary containment. However, the leakage 
from MSIVs is collected and treated via an Alternative Leakage 
Treatment (ALT) path having different mitigation characteristics. In 
performing accident analyses, it is appropriate to group various 
leakage effluents according to the treatment they receive before being 
released to the environment, i.e., bypass leakage is grouped, leakage 
into secondary containment is grouped, and ALT leakage is grouped, with 
specific limits for each group defined in the TSs. The proposed 
exemption would permit ALT path leakage to be independently grouped 
with its unique leakage limits.

Environmental Impacts of the Proposed Action

    The NRC has completed its safety evaluation of the proposed action 
and concludes that the calculated radiological consequences remain 
within the criteria of 10 CFR 50.67. 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 to the 
regulation.
    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 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 historical sites. It 
does not affect non-radiological plant effluents and has no other 
environmental impact. Therefore, there are no significant non-
radiological 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

    This action does not involve the use of any resources than those 
previously considered in the Final Environmental Statement dated July 
1972 for VYNPS.

Agencies and Persons Consulted

    On May 13, 2004, the NRC staff consulted with the Vermont State 
official, Mr. William K. Sherman of the Vermont Department of Public 
Service, regarding the environmental impact of the proposed action. The 
State official had no comments on the environmental impact of the 
proposed exemption, but provided comments on the associated Technical 
Specification changes discussed in the July 31, 2003, application. 
These comments will be addressed in the Safety Evaluation documenting 
the staff's review of that proposed change.

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 this action, see the licensee's 
letter dated July 31, 2003, as supplemented by letters dated October 
10, November 7 (2 letters), November 20, December 11 (2

[[Page 67613]]

letters), and December 30, 2003, and February 10, February 18, February 
25, March 17, May 12, and July 20, 2004. Documents may be examined, 
and/or copied for a fee, at the NRC's Public Document Room (PDR), 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publically available records will be accessible 
electronically from the Agencywide Documents Access and Management 
System (ADAMS) Public Electronic Reading Room on 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 
<a href="/cdn-cgi/l/email-protection#ccbca8be8ca2beafe2aba3ba"><span class="__cf_email__" data-cfemail="40302432002e32236e272f36">[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 12th day of November, 2004.

    For the Nuclear Regulatory Commission.
Richard B. Ennis,
Senior Project Manager, VY Section, Project Directorate I, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 04-25588 Filed 11-17-04; 8:45 am]
BILLING CODE 7590-01-P


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