[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8153-8154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3497]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-298; NRC-2010-0061]


Nebraska Public Power District; Cooper Nuclear 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. DPR-46, issued to Nebraska Public Power District (NPPD, the 
licensee), for operation of the Cooper Nuclear Station (CNS), located 
in Nemaha County, Nebraska. Therefore, as required by 10 CFR 51.21, the 
NRC performed an environmental assessment. Based on the results of the 
environmental assessment, the NRC is issuing a finding of no 
significant impact.

Environmental Assessment

Identification of the Proposed Action

    The proposed action would exempt NPPD from the required 
implementation date of March 31, 2010, for several new requirements of 
10 CFR Part 73. Specifically, NPPD 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. NPPD has proposed an 
alternate full compliance implementation date of August 31, 2010, 5 
months beyond the date required by 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 NPPD site.
    The proposed action is in accordance with the licensee's 
application dated December 22, 2009.

The Need for the Proposed Action

    The proposed action is needed to provide the licensee with 
additional time to perform the required upgrades to the NPPD security 
system due to resource and logistical impacts of the fall 2009 
refueling outage and other factors, including inclement weather.

Environmental Impacts of the Proposed Action

    The NRC has completed its environmental assessment 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 proposed action would not result in an increased radiological 
hazard beyond those previously analyzed in the environmental 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 13926). There will be no 
change to radioactive effluents that affect radiation exposures to 
plant workers and members of the public. 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 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 environmental assessment and published a finding of no 
significant impact [Part 73, Power Reactor Security Requirements, 74 FR 
13926 (March 27, 2009)].
    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.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed actions, the NRC staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the exemption request 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 exemption and the ``no-
action'' alternative are similar.

Alternative Use of Resources

    The action does not involve the use of any different resources than 
those considered in the Final Environmental Statement for the Cooper 
Nuclear Station dated February 1973.

Agencies and Persons Consulted

    In accordance with its stated policy, on January 5, 2010, the NRC 
staff consulted with the Nebraska State official, Ms. J. Schmitt of the 
Office of Radiological Health, 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 22, 2009. Portions of the document 
contain security-related information and, accordingly, are not 
available to the public. Other parts of the document 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 O-1F21, 11555 
Rockville Pike (first floor),

[[Page 8154]]

Rockville, Maryland 20852. 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#6f1f0b1d411d0a1c001a1d0c0a2f011d0c41080019"><span class="__cf_email__" data-cfemail="84f4e0f6aaf6e1f7ebf1f6e7e1c4eaf6e7aae3ebf2">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 16th day of February 2010.

    For the Nuclear Regulatory Commission.
Carl F. Lyon,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-3497 Filed 2-22-10; 8:45 am]
BILLING CODE 7590-01-P


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