[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)] [Notices] [Pages 67667-67669] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-33681] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-155] Consumers Energy Company; Big Rock Point Nuclear Plant Environmental Assessment and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission (the Commission or NRC) is considering issuance of an exemption from the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.c, regarding biennial exercise of the offsite emergency plan to Consumers Energy Company (Consumers or the licensee), for the Big Rock Point (BRP) Nuclear Plant located in Charlevoix County, Michigan. Environmental Assessment Identification of the Proposed Action The proposed exemption would allow a one-time schedular exemption from the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.c, which states that each licensee at each site [[Page 67668]] shall exercise its offsite plans biennially with full participation by each offsite authority having a role under the plan. By letter dated July 17, 1997, as supplemented or modified by letters dated August 5 and 8, September 4, December 9, 1997, the licensee requested exemption from the above requirement to delay the 1997 offsite biennial exercise (initially scheduled for October 21, 1997, and then rescheduled to December 16, 1997) for the BRP facility until June 1998, on the basis, in part, that ``additional time would allow the Big Rock Point staff to revise the October 1997 exercise scenario to reflect actual plant configuration during decommissioning.'' Notwithstanding this request, the NRC staff proposes to grant a one-time schedular exemption for the 1997 biennial offsite exercise to be performed on or before March 31, 1998. The State of Michigan also described its position that the offsite biennial emergency exercise should reflect actual plant conditions. As noted in a letter from the State of Michigan to the Federal Emergency Management Agency (FEMA) Region IV, dated November 25, 1997, the State feels that ``requiring the State and counties to conduct an exercise at this time, based on assumptions of an operating full-power reactor, would be unrealistic and counterproductive to all parties involved.'' The State further asserted that a ``more realistic test of local and State capabilities would be to assess response to an accident once all plans and procedures have been revised to reflect the status of the plant.'' By letter dated December 5, 1997, the State reiterated its intent to participate in an exercise of more clearly defined scope, if the exercise scenario were revised to reflect the permanently shut down and defueled condition of the BRP facility. By letter dated December 17, 1997, FEMA informed the Commission that the current offsite emergency plan and the implementation capabilities of the associated offsite emergency staff are adequate. Further, FEMA agreed that the exercise scenario should be revised to be consistent with the defueled and permanently shut down condition of the BRP facility (as proposed by the licensee in their letter to the NRC dated August 8, 1997) and that the biennial exercise be delayed to allow all parties sufficient time to prepare and conduct the revised exercise scenario. The licensee provided a similar assessment of the adequacy of the offsite emergency plan and the capability of the offsite emergency preparedness response organizations in a letter to the Commission dated December 9, 1997. The previous emergency preparedness exercise at BRP involving both offsite and onsite participation was successfully conducted on August 22-23, 1995. By letter dated December 13, 1995, FEMA informed the NRC Region III office that the emergency plans at BRP can be implemented and are adequate to give reasonable assurance that appropriate measures can be taken offsite to protect the health and safety of the public in the event of a radiological emergency. No deficiencies were noted during this exercise. On September 10, 1996, an onsite emergency preparedness exercise was also successfully conducted. The schedule for future exercises will not be affected by the proposed exemption. The staff is still reviewing licensee request for exemption from certain 10 CFR Part 50 requirements for emergency planning (Consumers letter to the Commission, dated September 19, 1997). Therefore, except for the proposed schedular change for the offsite exercise, the licensee is required to comply with all NRC rules and regulations and Consumers' current emergency plan, as approved or until revised by subsequent Commission approval. Need for the Proposed Action The proposed exemption is needed because additional time is required for Consumers to revise the December 16, 1997, offsite exercise scenario to reflect the permanently shutdown and defueled condition of the BRP facility. Further, because the exercise scenario will be changed, additional time will be needed for FEMA and the State of Michigan to prepare appropriate exercise objectives and for the NRC staff to review the revised exercise scenario. Environmental Impacts of the Proposed Action The NRC evaluation of the proposed exemption from 10 CFR Part 50, Appendix E, Section IV.F.2.c, indicates that the granting of the proposed exemption will not involve any measurable environmental impacts, since the exemption deals with the exercise of the licensee's emergency preparedness plan. The BRP facility permanently ceased reactor power operations on August 30, 1997, and permanently transferred all reactor fuel to the spent fuel pool on September 20, 1997. The licensee maintains and operates the plant in a configuration necessary to support the safe storage of spent fuel and compliance with the facility operating licensee and NRC rules and regulations. No changes are being made in the types or amounts of any radiological effluents that may be released offsite. There is no significant increase in the allowable individual or cumulative occupational radiation exposure. Accordingly, the Commission concludes that there are no significant radiological environmental impacts associated with the proposed action. With regard to potential nonradiological impacts, the proposed exemption does not affect nonradiological plant effluents and has no other environmental impact. Therefore, the Commission concludes that there are no significant radiological or nonradiological environmental impacts associated with the proposed exemption. Alternatives to the Proposed Action Since the Commission has concluded that there is no measurable environmental impact associated with the proposed exemption, any alternatives with equal or greater environmental impact need not be evaluated. The principal alternative to the action would be to deny the request, thereby requiring the licensee to perform the offsite exercise with a scenario that does not reflect the configuration of the BRP facility; such an action would not enhance the protection of the environment. Denial of the application would result in no change in current environmental impacts. The impacts of the proposed action and the alternative are similar. Alternative Use of Resources This action does not affect the use of resources, since the schedule for future exercises will not be affected by this exemption. Further, this action does not involve the use of any resources not previously considered in BRP's Environmental Report for Decommissioning, dated February 27, 1995. Agencies and Persons Consulted In accordance with its stated policy, on December 18, 1997, the NRC staff consulted with the Michigan State Official, David W. Minnaar, Chief, Radiological Protection Section, Drinking Water and Radiological Protection Division, Michigan Department of Environmental Quality, and FEMA Official, Ihor W. Husar, Chief, State and Local Regulatory Evaluation and Assessment Branch, Exercises Division, regarding the environmental impact of the proposed action. State and FEMA Officials support the granting of the proposed exemption and had no comments regarding environmental impacts. [[Page 67669]] Finding of No Significant Impact On the basis of the environmental assessment, the staff concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the Commission will not prepare an environmental impact statement for the proposed exemption. For further details with respect to the proposed exemption, see licensee letters dated July 17, August 5 and 8, September 4, and December 9, 1997, which are available at the Commission's Public Document Room, 2120 L Street, NW., Washington, DC 20555 and at the Local Public Document Room, North Central Michigan College, 1515 Howard Street, Petosky, MI 49770. Dated at Rockville, Maryland, this 19th day of December 1997. For the Nuclear Regulatory Commission. Seymour H. Weiss, Director, Non-Power Reactors and Decommissioning Project Directorate, Division of Reactor Program Management, Office of Nuclear Reactor Regulation. [FR Doc. 97-33681 Filed 12-24-97; 8:45 am] BILLING CODE 7590-01-P