[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44927-44929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19122]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440; NRC-2018-0187]


FirstEnergy Nuclear Operating Company; FirstEnergy Nuclear 
Generation Company, LLC; Perry Nuclear Power Plant, Unit No. 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is making a 
finding of no significant impact (FONSI) for a proposed issuance of an 
exemption to FirstEnergy Nuclear Operating Company (FENOC, the 
licensee), for Perry Nuclear Power Plant (PNPP), Unit No. 1, located in 
Lake County, Ohio. The proposed action would grant the licensee a 
partial exemption from the ``Physical barrier'' requirements in the 
NRC's regulations, to allow FENOC to continue using vertical, rather 
than angled, barbed wire fence toppings in certain limited protected 
area sections on-site. The NRC is considering an exemption to facility 
operating license no. NPF-58, issued on November 13, 1986, and held by 
FENOC, and FirstEnergy Nuclear Generation Company, LLC for the 
operation of PNPP, Unit No. 1.

DATES: The environmental assessment referenced in this document is 
available on September 4, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0187 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0187. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: <a href="/cdn-cgi/l/email-protection#c18ba4afafa8a7a4b3ef83aeb3a6a4b281afb3a2efa6aeb7"><span class="__cf_email__" data-cfemail="347e515a5a5d5251461a765b46535147745a46571a535b42">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#c5b5a1b7ebb7a0b6aab0b7a6a085abb7a6eba2aab3"><span class="__cf_email__" data-cfemail="e2928690cc9087918d97908187a28c9081cc858d94">[email protected]</span></a>. For the convenience of the reader, 
the ADAMS accession numbers are provided in a table in the 
``Availability of Documents'' section of this document.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Bhalchandra K. Vaidya, Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3308; email: 
<a href="/cdn-cgi/l/email-protection#bffdd7ded3dcd7ded1dbcdde91e9ded6dbc6deffd1cddc91d8d0c9"><span class="__cf_email__" data-cfemail="26644e474a454e47484254470870474f425f476648544508414950">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of a partial exemption, pursuant to 
section 73.5 of title 10 of the Code of Federal Regulations (10 CFR), 
``Specific exemptions,'' from the ``Physical barrier'' requirement of 
10 CFR 73.2, specifically with respect to the design criteria specified 
in 10 CFR 73.2(1) ``fences,'' as it applies to the angular 
specification for brackets used to support the required barbed wire (or 
similar material) topper, to FENOC and FirstEnergy Nuclear Generation 
Company, LLC (collectively, the licensee), for PNPP, Unit No. 1, 
located in Lake County, Ohio.
    In accordance with 10 CFR 51.21, the NRC has prepared an 
environmental assessment (EA) that analyzes the environmental effects 
of the proposed action. Based on the results of the EA and in 
accordance with 10 CFR 51.31(a), the NRC has prepared a FONSI for the 
proposed exemption.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would grant the licensee a partial exemption 
from the

[[Page 44928]]

``physical barrier'' requirement of 10 CFR 73.2, specifically with 
respect to the design criteria specified in 10 CFR 73.2(1) ``fences,'' 
as it applies to the angular specification for brackets used to support 
the required barbed wire (or similar material) topper. As stated in 10 
CFR 73.2, fences must be constructed of No. 11 American wire gauge, or 
heavier wire fabric, topped by three strands or more of barbed wire or 
similar material on brackets angled inward or outward between 30 and 45 
degrees from the vertical, with an overall height of not less than 
eight feet, including the barbed topping. If approved, the partial 
exemption would allow the licensee to continue to use, without 
modification, the current configuration of vertical barbed wire fence 
toppings in limited protected area sections on-site, as specified on 
the maps submitted by the licensee in its letter dated March 16, 2018, 
to meet the regulatory requirements of 10 CFR part 73, ``Physical 
protection of plants and materials.'' Specifically, barbed wire on top 
of physical barrier fencing on gates, near gates, near interfaces with 
buildings, and on corners is oriented vertically.
    The proposed action is in accordance with the licensee's 
application dated July 19, 2017, as supplemented by letters dated March 
16, 2018; and May 2, 2018.

Need for the Proposed Action

    Physical protection consists of a variety of measures to protect 
nuclear facilities and material against sabotage, theft, diversion, and 
other malicious acts. The NRC and its licensees use a graded approach 
for physical protection, consistent with the significance of the 
facilities or material to be protected. In so doing, the NRC 
establishes the regulatory requirements and assesses compliance, and 
licensees are responsible for providing the protection.
    The proposed action is needed to allow the licensee to continue to 
use, without modification, the current configuration of vertical barbed 
wire fence toppings in certain limited protected area sections on-site, 
as shown on the maps submitted by the licensee in its March 16, 2018, 
letter. Currently, some of the barbed wire bracketing on top of the 
protected area physical barrier fencing do not meet certain design 
criteria specified in 10 CFR 73.2. Specifically, barbed wire on top of 
physical barrier fencing on gates, near gates, near interfaces with 
buildings, and on corners is oriented vertically.
    Separate from this EA, the NRC staff is evaluating the licensee's 
proposed action, which will be documented in a safety evaluation 
report. The staff's review will determine whether there is reasonable 
assurance that the site maintains adequate protection from the current 
physical barriers in accordance with the requirements in 10 CFR part 
73.

Environmental Impacts of the Proposed Action

    The NRC has completed its environmental evaluation of the proposed 
action. The proposed action would grant the licensee a partial 
exemption from the ``physical barrier'' requirement of 10 CFR 73.2, 
specifically with respect to the design criteria specified in 10 CFR 
73.2(1) ``fences,'' as it applies to the angular specification for 
brackets used to support the required barbed wire (or similar material) 
topper. This will allow the licensee to continue using vertical, rather 
than angled, barbed wire fence toppings in certain limited protected 
area sections on site.
    The proposed action would have no direct impacts on land use or 
water resources, including terrestrial and aquatic biota as the 
proposed action involves no new construction or modification of plant 
operational systems. There would be no changes to the quality or 
quantity of non-radiological effluents. No changes to the plant's 
National Pollutant Discharge Elimination System permit are needed. In 
addition, there would be no noticeable effect on air pollutant 
emissions, socio-economic conditions in the region, no environment 
justice impacts, and no impacts to historic and cultural resources. 
Therefore, there would be no significant non-radiological impacts 
associated with the proposed action.
    The NRC has concluded that the proposed action would not 
significantly affect plant safety and would not have a significant 
adverse effect on the probability of an accident occurring. There would 
be no change to radioactive effluents that affect radiation exposures 
to plant workers and members of the public. No changes would be made to 
plant buildings or the site property. Therefore, implementing the 
proposed action would not result in a change to the radiation exposures 
to the public or radiation exposure to plant workers.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC considered denial 
of the proposed action (i.e., the ``no-action'' alternative). Denial of 
the exemption request would result in the licensee having to replace 
the vertical barbed wire fence toppings with angled barbed wire that 
meets the definition of ``Physical barrier'' in 10 CFR 73.2. This could 
result in temporary, minor changes in vehicular traffic and associated 
air pollutant emissions due to any construction-related impacts of 
performing the necessary modifications, but no significant changes in 
ambient air quality would be expected.

Alternative Use of Resources

    There are no unresolved conflicts concerning alternative uses of 
available resources under the proposed action.

Agencies and Persons Consulted

    The NRC staff did not enter into consultation with any other 
Federal agency or with the State of Ohio regarding the environmental 
impact of the proposed action.

III. Finding of No Significant Impact

    The licensee has requested an exemption from the ``physical 
barrier'' requirement of 10 CFR 73.2, specifically with respect to the 
design criteria specified in 10 CFR 73.2(1) ``fences,'' to allow the 
licensee to continue using vertical, rather than angled, barbed wire 
fence toppings in limited protected area sections on site. The NRC is 
considering issuing the requested exemption. The proposed action would 
not significantly affect plant safety, would not have a significant 
adverse effect on the probability of an accident occurring, and would 
not have any significant radiological and non-radiological impacts. 
This FONSI incorporates by reference the EA in Section II of this 
notice. Therefore, 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.
    The related environmental document is NUREG-0884, ``Final 
Environmental Statement Related to the Operation of Perry Nuclear Power 
Plant, Units 1 and 2,'' which provides the latest description of 
environmental conditions at Perry Nuclear Power Plant, Unit No. 1.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

[[Page 44929]]



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                Document                        ADAMS accession No.
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FirstEnergy Nuclear Operating Company;    ML17200D139.
 Exemption Request for a Physical
 Barrier Requirement; Dated July 19,
 2017.
FirstEnergy Nuclear Operating Company;    ML18078A033.
 Response to Request For Additional
 Information Regarding Exemption Request
 for a Physical Barrier Requirement;
 Dated March 16, 2018.
FirstEnergy Nuclear Operating Company;    ML18122A133.
 Response to Request For Additional
 Information Regarding Exemption Request
 for a Physical Barrier Requirement;
 Dated May 2, 2018.
NUREG-0884; Final Environmental           ML15134A060.
 Statement Related to the Operation of
 Perry Nuclear Power Plant, Units 1 and
 2; Dated August 1982.
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    Dated at Rockville, Maryland, this 29th day of August 2018.

    For the Nuclear Regulatory Commission.
Bhalchandra K. Vaidya,
Project Manager, Plant Licensing Branch III, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-19122 Filed 8-31-18; 8:45 am]
 BILLING CODE 7590-01-P


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