[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76498-76499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30862]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346; NRC-2010-0378]


Firstenergy Nuclear Operating Company, Davis-Besse Nuclear Power 
Station; Environmental Assessment And Finding of No Significant Impact

    The U.S. Nuclear Regulatory Commission (NRC, or the Commission) is 
considering issuance of an Exemption, pursuant to Title 10 of the Code 
of Federal Regulations (10 CFR) Section 50.12, ``Specific Exemptions,'' 
from 10 CFR 50.61, ``Fracture Toughness Requirements for Protection 
Against Pressurized Thermal Shock Events'' and from 10 CFR part 50, 
Appendix G, ``Fracture Toughness Requirements'' 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. In accordance 
with 10 CFR 51.21, the NRC performed an environmental assessment 
documenting its findings. The NRC concluded that the proposed actions 
will have no significant environmental impact.

Environmental Assessment

Identification of the Proposed Action

    Title 10 of the Code of Federal Regulations (10 CFR), Part 50, 
Appendix G requires that fracture toughness requirements for ferritic 
materials of pressure-retaining components of the reactor coolant 
pressure boundary of light-water nuclear power reactors provide 
adequate margins of safety during any condition of normal operation, 
including anticipated operational occurrences and system hydrostatic 
tests, to which the pressure boundary may be subjected over its service 
lifetime, section 50.61 provides fracture toughness requirements for 
protection against pressurized thermal shock (PTS) events. By letter 
dated April 15, 2009 (Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML091130228), as supplemented by letter dated 
December 18, 2009 (ADAMS Accession No. ML093570103), and October 8, 
2010 (ADAMS Accession No. ML102861221), FENOC proposed exemptions from 
the requirements of 10 CFR part 50, Appendix G and 10 CFR 50.61, to 
revise certain DBNPS reactor pressure vessel (RPV) initial 
(unirradiated) properties using Framatome Advanced Nuclear Power 
Topical Report BAW-2308, Revisions 1-A and 2-A, ``Initial 
RT<INF>NDT</INF> of Linde 80 Weld Materials.''
    The licensee requested an exemption from Appendix G to 10 CFR part 
50 to replace the required use of the existing Charpy V-notch 
(C<INF>v</INF>) and drop weight-based methodology and allow the use of 
an alternate methodology to incorporate the use of fracture toughness 
test data for evaluating the integrity of the DBNPS RPV circumferential 
beltline welds based on the use of the 1997 and 2002 editions of 
American Society for Testing and Materials (ASTM) Standard Test Method 
E 1921, ``Standard Test Method for Determination of Reference 
Temperature T<INF>0</INF>, for Ferritic Steels in the Transition 
Range,'' and American Society for Mechanical Engineering Boiler and 
Pressure Vessel Code (ASME B&PV Code), Code Case N-629, ``Use of 
Fracture Toughness Test Data to establish Reference Temperature for 
Pressure Retaining materials of Section III, Division 1, Class 1.'' The 
exemption is required since Appendix G to 10 CFR part 50, through 
reference to Appendix G to Section XI of the ASME Code pursuant to 10 
CFR 50.55(a), requires the use of a methodology based on C<INF>v</INF> 
and drop weight data.
    The licensee also requested an exemption from 10 CFR 50.61 to use 
an alternate methodology to allow the use of fracture toughness test 
data for evaluating the integrity of the DBNPS RPV circumferential 
beltline welds based on the use of the 1997 and 2002 editions of ASTM E 
1921 and ASME Code Case N-629. The exemption is required since the 
methodology for evaluating RPV material fracture toughness in 10 CFR 
50.61 requires the use of the C<INF>v</INF> and drop weight data for 
establishing the PTS reference temperature (RT<INF>PTS</INF>).
    The proposed action is in accordance with the licensee's 
application dated April 15, 2009, as supplemented by letters dated 
December 18, 2009, August 26 and October 8, 2010.

The Need for the Proposed Action

    The proposed action is needed to allow the licensee to use an 
alternate method, as described in Topical Report BAW-2308, Revisions 1-
A and 2-A, ``Initial RT<INF>NDT</INF> of Linde 80 Weld Materials'' for 
determining the initial, unirradiated material reference temperatures 
of the Linde 80 weld materials present in the beltline region of the 
DBNPS RPV. This action, by being exempted from 10 CFR 50.61 would allow 
the licensee to revise its pressurized thermal shock reference 
temperature values in the future.

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the proposed exemption. The 
NRC staff has concluded that the proposed action to allow an alternate 
method for determining the initial, unirradiated material reference 
temperatures of the Linde 80 weld materials present in the beltline 
region of the DBNPS RPV would not significantly affect plant safety and 
would not have a significant adverse effect on the probability of an 
accident occurring. The proposed action would not result in an 
increased radiological hazard beyond those previously analyzed in the 
Final Safety Analysis Report for DBNPS.
    The NRC 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, if granted.
    There will be no change to radioactive effluents that effect 
radiation exposures to plant workers and members of the public. The 
proposed action does not involve a change to plant buildings or land 
areas on the DBNPS site. Therefore, 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 or 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.

[[Page 76499]]

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 ``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 DBNPS.

Agencies and Persons Consulted

    In accordance with its stated policy, on October 22, 2010, 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 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 April 15, 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 O1 F21, 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://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 <a href="/cdn-cgi/l/email-protection#3e4e5a4c104c5b4d514b4c5d5b7e504c5d10595148"><span class="__cf_email__" data-cfemail="453521376b3720362a30372620052b37266b222a33">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 29th day of November 2010.

    For the Nuclear Regulatory Commission.
Michael Mahoney,
Project Manager, Plant Licensing Branch III-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-30862 Filed 12-7-10; 8:45 am]
BILLING CODE 7590-01-P


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