[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Pages 34205-34206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16647]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333]


Power Authority of the State of New York; James A. FitzPatrick 
Nuclear Power Plant; Environmental Assessment and Finding of no 
Significant Impact

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an exemption from certain requirements of its 
regulations to Facility Operating License No. DPR-59, issued to Power 
Authority of the State of New York (the licensee) also known as the New 
York Power Authority, for operation of the James A. FitzPatrick Nuclear 
Power Plant, located in Oswego County, New York.

Environmental Assessment

Identification of the Proposed Action

    The proposed action would exempt the licensee from the requirements 
of 10 CFR 70.24, which requires in each area in which special nuclear 
material is handled, used, or stored a monitoring system that will 
energize clear audible alarms if accidental criticality occurs. The 
proposed action would also exempt the licensee from the requirements to 
maintain emergency procedures for each area in which this licensed 
special nuclear material is handled, used, or stored to ensure that all 
personnel withdraw to an area of safety upon the sounding of the alarm, 
to familiarize personnel with the evacuation plan, to designate 
responsible individuals for safety upon the sounding of the alarm, and 
to place radiation survey instruments in accessible locations for use 
in such an emergency. The proposed action is in accordance with the 
licensee's application for exemption dated April 24, 1998.

The Need for the Proposed Action

    The purpose of 10 CFR 70.24 is to ensure that if a criticality were 
to occur during the handling of special nuclear material, personnel 
would be alerted to that fact and would take appropriate action. At a 
commercial nuclear power plant, the inadvertent criticality with which 
10 CFR 70.24 is concerned could occur during fuel handling operations. 
The special nuclear material that could be assembled into a critical 
mass at a commercial nuclear power plant is in the form of nuclear 
fuel; the quantity of other forms of special nuclear material that is 
stored onsite in any given location is small enough to preclude 
achieving a critical mass. Because the fuel is not enriched beyond 5.0 
weight

[[Page 34206]]

percent uranium-235, and because commercial nuclear plant licensees 
have procedures and features that are designed to prevent inadvertent 
criticality, the staff has determined that it is unlikely that an 
inadvertent criticality could occur due to the handling of special 
nuclear material at a commercial power reactor. Therefore, the 
requirements of 10 CFR 70.24 are not necessary to ensure the safety of 
personnel during the handling of special nuclear materials at 
commercial power reactors.

Environmental Impacts of the Proposed Action

    The Commission has completed its evaluation of the proposed action 
and concludes that inadvertent or accidental criticality will be 
precluded through compliance with the James A. FitzPatrick Technical 
Specifications, the design of the fuel storage racks providing 
geometric spacing of fuel assemblies in their storage locations, and 
administrative controls imposed on fuel handling procedures.
    The proposed exemption would not result in an increase in the 
probability or consequences of accidents, affect radiological plant 
effluents, or result in a change in occupational or offsite dose. 
Therefore, there are no radiological impacts associated with the 
proposed exemption.
    The proposed exemption would not result in a change in 
nonradiological effluents and will have no other nonradiological 
environmental impact.
    Accordingly, the Commission concludes that there are no significant 
environmental impacts associated with the proposed action.

Alternatives to the Proposed Action

    Since the Commission has concluded that there is no significant 
environmental impact associated with the proposed action, any 
alternatives with equal or greater environmental impact need not be 
evaluated. As an alternative to the proposed exemption, the staff 
considered denial of the requested exemption. Denial of the request 
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 not 
previously considered in the Final Environmental Statement related to 
the operation of the James A. FitzPatrick Nuclear Power Plant dated 
March 1973.

Agencies and Persons Consulted

    In accordance with its stated policy, on June 4, 1998, the staff 
consulted with the New York State Official, Jack Spath, of the New York 
State Research and Development Authority regarding the environmental 
impact of the proposed action. The State official had no comments.

Finding of no Significant Impact

    Based upon the environmental assessment, the Commission concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the Commission 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 24, 1998, which is available for public 
inspection at the Commission's Public Document Room located at the 
Gelman Building, 2120 L Street, NW., Washington, DC, and at the local 
public document room located at the Reference and Documents Department, 
Penfield Library, State University of New York, Oswego, New York.

    Dated at Rockville, Md., this 17th day of June 1998.

    For the Nuclear Regulatory Commission.
S. Singh Bajwa,
Director, Project Directorate I-1, Division of Reactor Projects--I/II, 
Office of Nuclear Reactor Regulation.
[FR Doc. 98-16647 Filed 6-22-98; 8:45 am]
BILLING CODE 7590-01-P