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###### Nuclear Regulatory Commission

          - [Docket Nos. 52-034 and 52-035; NRC-2008-0594]

                    The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an exemption from Title 10 of the                     *Code of Federal Regulations*                     (10 CFR), § 50.71(e)(3)(iii) for the Comanche Peak Nuclear Power Plant (CPNPP), Units 3 and 4, Combined License (COL) Application, Docket Numbers 52-034 and 52-035, submitted by Luminant Generation Company, LLC. (Luminant) for the proposed facility to be located in Somervell County, Texas. In accordance with 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 is a one-time schedule exemption from the requirements of 10 CFR 50.71(e)(3)(iii). During the period from the docketing of a COL application until the NRC makes a finding under 10 CFR 52.103(g) pertaining to facility operation, Luminant must, pursuant to 10 CFR 50.71(e)(3)(iii), submit an annual update to the Final Safety Analysis Report (FSAR). The proposed exemption would allow Luminant to submit its COL application FSAR update, currently due in November 2010, on or before June 30, 2011, and to submit the subsequent FSAR update in June, 2012. The current FSAR update schedule could not be changed, absent the exemption. The NRC is authorized to grant the exemption pursuant to 10 CFR 50.12.

The proposed action is in accordance with Luminant's request dated July 28, 2010, and can be found in the Agencywide Documents Access and Management System (ADAMS) under accession number ML102110179.

## Need for the Proposed Action

The proposed action is needed to provide Luminant sufficient time to fully incorporate into the COL application FSAR update, Revision 3 of the United States—Advanced Pressurized Water Reactor (US-APWR) Design Control Document (DCD), which Mitsubishi Heavy Industries Ltd. plans to submit to the NRC on or before March 31, 2011. The CPNPP, Units 3 and 4, COL application references the US-APWR DCD. Luminant has requested a one-time exemption from the requirements specified in 10 CFR 50.71(e)(3)(iii) in order to reduce the burden associated with identifying all committed changes that were made to the DCD, since Revision 2 to the US-APWR DCD.

## Environmental Impacts of the Proposed Action

The NRC has completed its evaluation of the proposed action and concludes that there are no environmental impacts associated with the proposed exemption. The proposed exemption is solely administrative in nature in that it pertains to the schedule for submittal to the NRC of revisions to a COL application under 10 CFR Part 52.

                    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 offsite. There is no                           ( print page 57821)                        significant increase in the amount of any effluent released offsite. 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 any foreseeable impacts to land, air, or water resources, including impacts to biota. In addition, there are also no known socioeconomic or environmental justice impacts associated with the proposed action. Therefore, there are no significant non-radiological environmental 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 NRC 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. Therefore, the environmental impacts of the proposed action and the alternative action are similar.                

## Alternative Use of Resources

The proposed action does not involve the use of any different resources than those previously considered in the Draft Environmental Impact Statement related to the CPNPP, Units 3 and 4, COL Application dated August 6, 2010.

## Agencies and Persons Consulted

On August 25, 2010, the NRC staff consulted with officials from the Texas Department of State Health Services (DSHS) regarding the environmental impact of the proposed action. The representative from the Texas DSHS 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 Luminant's letter dated July 28, 2010. 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 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 via e-mail at                     *pdr.resource@nrc.gov.*

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

For the Nuclear Regulatory Commission.

Stephen R. Monarque,

Project Manager, US-APWR Projects Branch, Division of New Reactor Licensing, Office of New Reactors.

[FR Doc. 2010-23680 Filed 9-21-10; 8:45 am]

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