Maine Yankee Atomic Power Company, Maine Yankee Independent Spent Fuel Storage Installation, Issuance of Environmental Assessment and Finding of No Significant Impact, 396-398 [05-24]
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396
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
removed from the Rancho Seco site for
disposal.
With the majority of the primary and
secondary systems removed for
disposal, the Rancho Seco site no longer
houses ‘‘a nuclear power reactor and
associated equipment necessary for
electric power generation.’’ Thus, with
respect to the underlying intent of the
recordkeeping rules cited above, Rancho
Seco is not able to generate electricity
and is no longer a nuclear power unit
as defined in 10 CFR Part 50, Appendix
A.
In addition, with all the spent nuclear
fuel having been transferred to the
ISFSI, there is not sufficient radioactive
material inventory remaining on the 10
CFR Part 50 licensed site to pose any
significant potential risk to the public
health and safety. Thus, there are no
longer any ‘‘structures, systems, and
components required to provide
reasonable assurance the facility can be
operated without undue risk to the
health and safety of the public.’’ This
provides additional assurance that, with
respect to the underlying intent of the
recordkeeping rules, Rancho Seco is no
longer a nuclear power unit as defined
in 10 CFR Part 50, Appendix A.
Based on the above, application of the
subject recordkeeping requirements to
the Rancho Seco hard copy records
specified above is not required to
achieve the underlying purpose of the
rule. Thus, special circumstances are
present which the NRC may consider,
pursuant to 10 CFR 50.12(a)(2)(ii), to
grant the requested exemption.
4.0 Conclusion
The staff agrees that 10 CFR
50.71(d)(2) allows the Commission to
grant specific exemptions to the record
retention requirements specified in
regulations provided the requirements
of 10 CFR 50.12 are satisfied.
The staff agrees that the requested
partial exemption from the
recordkeeping requirements of 10 CFR
50.71(c); 10 CFR Part 50, Appendix A;
10 CFR Part 50, Appendix B, will not
present an undue risk to the public
health and safety. The destruction of the
identified hard copy records will not
impact remaining decommissioning
activities; plant operations,
configuration, and/or radiological
effluents; operational and/or installed
SSCs that are quality-related or
important to safety; or nuclear security.
The staff agrees that the destruction of
the identified hard copy records is
administrative in nature and does not
involve information or activities that
could potentially impact the common
defense and security of the United
States.
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The staff agrees that the purpose for
the recordkeeping regulations is to
ensure that the NRC Staff has access to
information that, in the event of any
accident, incident, or condition that
could impact public health and safety,
would assist in the protection of public
health and safety during recovery from
the given accident, incident, or
condition, and also could help prevent
future events or conditions adversely
impacting public health and safety.
Further, since most of the Rancho Seco
SSCs that were safety-related or
important-to-safety have been removed
from the plant and shipped for disposal,
the staff agrees that the records
identified in the partial exemption
would not provide the NRC with useful
information during an investigation of
an accident or incident.
Therefore, the Commission grants
SMUD the requested partial exemption
to the recordkeeping requirements of 10
CFR 50.71(c); 10 CFR Part 50, Appendix
A; 10 CFR Part 50, Appendix B, as
described in the September 2, 2004,
letter.
Pursuant to 10 CFR Part 51, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment as documented in
Federal Register (69 FR 67371, Nov. 17,
2004).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland this 23rd day
of December, 2004.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning
Directorate, Division of Waste Management
and Environmental Protection, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 05–23 Filed 1–3–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–30]
Maine Yankee Atomic Power Company,
Maine Yankee Independent Spent Fuel
Storage Installation, Issuance of
Environmental Assessment and
Finding of No Significant Impact
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of exemptions to Maine
Yankee Atomic Power Company (the
licensee), pursuant to title 10 of the
Code of Federal Regulations (10 CFR)
72.7, from specific provisions of 10 CFR
72.212(a)(2), 72.212(b)(2)(i),
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Sfmt 4703
72.212(b)(7), and 72.214. The licensee is
storing spent nuclear fuel under the
general licensing provisions of 10 CFR
part 72 in the NAC–UMS Universal
Storage System at an independent spent
fuel storage installation (ISFSI) located
at the Maine Yankee Atomic Power
Station in Wiscasset, Maine. The
requested exemptions would allow the
licensee to deviate from requirements of
the NAC–UMS Certificate of
Compliance (CoC) No. 1015,
Amendment 2, Appendix A, Technical
Specifications for the NAC–UMS
System, Section A 5.1, Training
Program, and Section A 5.5, Radioactive
Effluent Control Program. Specifically,
the exemptions would relieve the
licensee from the requirements to: (1)
Develop training modules under its
systematic approach to training (SAT)
that include comprehensive instructions
for the operation and maintenance of
the ISFSI, except for the NAC–UMS
Universal Storage System; and (2)
submit an annual report pursuant to 10
CFR 72.44(d)(3).
II. Environmental Assessment (EA)
Identification of Proposed Action: The
proposed action is to exempt the
licensee from regulatory requirements to
develop certain training and submit an
annual report. By letter dated February
25, 2004, as supplemented June 8, 2004,
the licensee requested exemptions from
certain regulatory requirements of 10
CFR 72.212(a)(2), 72.212(b)(2)(i),
72.212(b)(7), and 72.214 which require
a general licensee to store spent fuel in
an NRC-certified spent fuel storage cask
under the terms and conditions set forth
in the CoC. The proposed exemptions
would allow the licensee to deviate
from the requirements in CoC No. 1015,
Amendment 2, Appendix A, Technical
Specifications for the NAC–UMS
System, Section A 5.1, Training
Program, and Section A 5.5, Radioactive
Effluent Control Program.
CoC No. 1015, Amendment 2,
Appendix A, Technical Specifications
for the NAC–UMS System, Section A
5.1, Training Program, requires that a
training program for the NAC–UMS
Universal Storage System be developed
under the general licensee’s SAT.
Further, the training modules must
include comprehensive instructions for
the operation and maintenance of both
the NAC–UMS Universal Storage
System and the ISFSI. In addition, CoC
No. 1015, Amendment 2, Appendix A,
Technical Specifications for the NAC–
UMS System, Section A 5.5, Radioactive
Effluent Control Program, Item c.
requires an annual report to be
submitted pursuant to 10 CFR
72.44(d)(3). By exempting the licensee
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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
from the requirements of 10 CFR
72.212(a), 72.212(b)(2)(i), 72.212(b)(7),
and 72.214 for this request, the licensee
will not be required to either develop
training modules that include
comprehensive instructions for the
operation and maintenance of the ISFSI
or submit an annual report pursuant to
10 CFR 72.44(d)(3).
The proposed action before the NRC
is whether to grant these exemptions
under the provisions of 10 CFR 72.7.
Need for the Proposed Action: The
NRC has determined that the
requirements of CoC No. 1015,
Amendment 2, Appendix A, Technical
Specifications for the NAC–UMS
System, Section A 5.1, Training
Program, and Section A 5.5, Radioactive
Effluent Control Program impose
regulatory obligations, with associated
costs, that do not provide a
commensurate increase in safety.
Granting the requested exemptions will
allow the licensee not to have to: (1)
Develop training modules under the
SAT that include comprehensive
instructions for the operation and
maintenance of the ISFSI, except for the
NAC–UMS Universal Storage System;
or (2) submit an annual report pursuant
to 10 CFR 72.44(d)(3). Thus, the licensee
will not incur the costs associated with
these activities.
Environmental Impacts of the
Proposed Action: The NRC has reviewed
the exemption requests submitted by the
licensee and determined that not
requiring the licensee to: (1) Develop
training modules under its SAT that
include comprehensive instructions for
the operation and maintenance of the
ISFSI, except for the NAC–UMS
Universal Storage System; and (2)
submit an annual report pursuant to 10
CFR 72.44(d)(3) are administrative
changes, and would have no significant
impacts to the environment.
Further, NRC has evaluated the
impact to public safety that would result
from granting the requested exemptions.
NRC determined that requiring the
licensee to develop training modules
under its SAT for the operation and
maintenance of ISFSI structures,
systems, and components considered
not-important-to-safety would not
provide a commensurate increase in
public safety associated with the costs.
Therefore, allowing the licensee to
develop these modules separately from
its SAT does not impact public safety.
Also, NRC has determined that not
requiring the licensee to submit an
annual report specifying principal
radionuclides released to the
environment in liquid and in gaseous
effluents does not impact public safety
because the NAC–UMS Universal
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Storage System is a sealed and leak-tight
spent fuel storage system. Thus, there
should be no releases to the
environment of either liquid or gaseous
effluents from normal operation of the
NAC–UMS Universal Storage System.
The proposed action would not
increase the probability or consequences
of accidents, no changes would be made
to the types of effluents that may be
released offsite, and there would be no
increase in occupational or public
radiation exposure. Therefore, there are
no significant radiological
environmental impacts associated with
the proposed action. Additionally the
proposed action would have no
significant non-radiological impacts.
Alternative to the Proposed Action:
The alternative to the proposed action
would be to deny approval of these
exemptions. Denial of these exemption
requests would have the same
environmental impact as the proposed
action.
Agencies and Persons Consulted: The
NRC prepared this EA. No other sources
were used. NRC, by letter dated August
10, 2004, provided a draft of this EA to
the Honorable Charles Pray, State
Nuclear Safety Advisor for the State of
Maine for review. The State of Maine by
letter dated November 15, 2004, did not
indicate it had any environmental
concerns related to granting the
proposed exemptions. However, the
State of Maine did provide the following
comment:
In that, the State of Maine has no objection
to the NRC granting the exemption for the
current existing licensure period as long as
the current outstanding statutory obligations
of the United States government are met in
all of its responsibility in reference to [the]
MYAPC facility, and that no extensions of
the current twenty-year licensure of the ISFSI
is approved. Any extension granted by the
NRC beyond that date will [alter] the State’s
approval on this and other related matters
and will require a need for ongoing
assessment by the State of Maine of safety
benefits to the citizens of Maine beyond its
original and current licensed mission. The
State would be required to fully [assess] as
to how best [to] protect the citizens of the
State from further federal lapses of
obligations.
The staff has reviewed the State of
Maine’s comment and determined that
neither exemption is coupled with
extending the period of the Maine
Yankee’s general license for its ISFSI
beyond the twenty-year period of its use
of the NAC–UMS Universal Storage
System. Certificate of Compliance No.
1015 will be eligible for renewal at the
expiration of this period and, if
application for reapproval is made, the
State of Maine will have an opportunity
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397
to comment on such application at that
time.
Further, The NRC has determined that
a consultation under Section 7 of the
Endangered Species Act is not required
because the proposed action will not
affect listed species or critical habitats.
The NRC has also determined that the
proposed action is not a type of activity
having the potential to cause effects on
historic properties. Therefore, no
consultation is required under Section
106 of the National Historic
Preservation Act.
Conclusions: The NRC has concluded
that the proposed action of granting
these exemptions and not requiring the
licensee to develop certain training or
submit an annual report will not
significantly impact the quality of the
human environment and does not
warrant the preparation of an
environmental impact statement.
Accordingly, it has been determined
that a Finding of No Significant Impact
is appropriate.
III. Finding of No Significant Impact
The environmental impacts of the
proposed action have been reviewed in
accordance with the requirements set
forth in 10 CFR part 51. Based upon the
foregoing EA, the NRC finds that the
proposed action of granting exemptions
from the specific provisions of 10 CFR
72.212(a), 72.212(b)(2)(i), 72.212(b)(7),
and 72.214 and not requiring the
licensee to: (1) Develop training
modules under its SAT that include
comprehensive instructions for the
operation and maintenance of the ISFSI,
except for the NAC–UMS Universal
Storage System; and (2) submit an
annual report pursuant to 10 CFR
72.44(d)(3), will not significantly impact
the quality of the human environment.
Accordingly, the NRC has determined
that an environmental impact statement
for these proposed exemptions is not
warranted.
The request for exemption was
docketed under 10 CFR part 72, Docket
72–30. Please note that on October 25,
2004, the NRC suspended public access
to the Agencywide Documents Access
and Management System (ADAMS), and
initiated an additional security review
of publicly available documents to
ensure that potentially sensitive
information is removed from the
ADAMS database accessible through the
NRC’s Web site. Interested members of
the public should check the NRC’s Web
pages for updates on the availability of
documents through ADAMS.
When public access to ADAMS is
restored the documents related to this
action, including the application for the
exemptions and supporting
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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Notices
documentation, will be available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site
you can access the NRC’s ADAMS,
which provides text and image files of
NRC’s public documents. The ADAMS
accession numbers for the documents
related to this notice are: For the request
for exemptions dated February 25, 2004,
the ADAMS accession number is
ML040620577, and for the supplement
dated June 8, 2004, the ADAMS
accession number is ML041690143.
When public access to ADAMS is
resumed and you do not have access to
ADAMS or if there are problems in
accessing the documents located in
ADAMS, contact the NRC’s Public
Document Room (PDR) Reference staff
at 1–800–397–4209, (301) 415–4737, or
by e-mail to pdr@nrc.gov. Also, after
resumption of public access to ADAMS,
these documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O1F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated in Rockville, Maryland, this 13th of
December, 2004.
For the Nuclear Regulatory Commission.
Stewart W. Brown,
Sr. Project Manager, Spent Fuel Project Office,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 05–24 Filed 1–3–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Act; Meetings
Weeks of January 3, 10, 17, 24,
31, February 7, 2005.
DATES:
Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
PLACE:
STATUS:
Public and Closed.
MATTERS TO BE CONSIDERED:
Week of January 3, 2005
Wednesday, January 5, 2005
2 p.m. Affirmative Session (Public
Meeting) (Tentative)
a. Private Fuel Storage (Independent
Spent Fuel Storage Installation);
Docket No. 72–22–ISFSI (Tentative)
b. Duke Energy Corp. (Catawba
Nuclear Station, Units 1 and 2);
Unpublished Board Order (Dec. 17,
2004). (Tentative)
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Week of January 10, 2005—Tentative
Tuesday, January 11, 2005
9:30 a.m. Discussion of Security Issues
(Closed—Ex. 1 & 9)
Wednesday, January 12, 2005
9:30 a.m. Discussion of Security Issues
(Closed—Ex. 1 & 9)
Week of January 17, 2005—Tentative
There are no meetings scheduled for
the Week of January 17, 2005.
Week of January 24, 2004—Tentative
Monday, January 24, 2005
9:30 a.m. Discussion of Security Issues
(Closed—Ex. 1)
1:30 p.m. Discussion of Security Issues
(Closed—Ex. 1, 2, 3, & 4)
Tuesday, January 25, 2005
9:30 a.m. Discussion of Security Issues
(Closed—Ex. 1
Week of January 31, 2005—Tentative
Thursday, February 3, 2005
9:30 a.m. Briefing on Human Capital
Initiatives (Closed—Ex. 2)
(Tentative)
Week of February 7, 2005—Tentative
There are no meetings scheduled for
the Week of February 7, 2005.
* The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings
call (recording)—(301) 415–1292.
Contact person for more information:
Dave Gamberoni, (301) 415–1651.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://nrc.gov/what-we-do/policymaking/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify the
NRC’s Disability Program Coordinator,
August Spector, at 301–415–7080, TDD:
301–4152100, or by e-mail at
aks@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
*
*
*
*
*
This notice is distributed by mail to
several hundred subscribers; if you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (201–415–1969).
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It addition, distribution of this meeting
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to dkw@nrc.gov.
Dated: December 28, 2004.
Dave Gamberoni,
Office of the Secretary.
[FR Doc. 04–28753 Filed 12–30–04; 9:23 am]
BILLING CODE 7590–01–M
NUCLEAR REGULATORY
COMMISSION
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations
I. Background
Pursuant to section 189a. (2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC
staff) is publishing this regular biweekly
notice. The Act requires the
Commission publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from December
10, 2004, through December 22, 2004.
The last biweekly notice was published
on December 21, 2004 (69 FR 76486).
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
10 CFR 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. The basis for this
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]]>Agencies
[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Notices]
[Pages 396-398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-30]
Maine Yankee Atomic Power Company, Maine Yankee Independent Spent
Fuel Storage Installation, Issuance of Environmental Assessment and
Finding of No Significant Impact
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of exemptions to Maine Yankee Atomic Power Company (the
licensee), pursuant to title 10 of the Code of Federal Regulations (10
CFR) 72.7, from specific provisions of 10 CFR 72.212(a)(2),
72.212(b)(2)(i), 72.212(b)(7), and 72.214. The licensee is storing
spent nuclear fuel under the general licensing provisions of 10 CFR
part 72 in the NAC-UMS[supreg] Universal Storage System at an
independent spent fuel storage installation (ISFSI) located at the
Maine Yankee Atomic Power Station in Wiscasset, Maine. The requested
exemptions would allow the licensee to deviate from requirements of the
NAC-UMS[supreg] Certificate of Compliance (CoC) No. 1015, Amendment 2,
Appendix A, Technical Specifications for the NAC-UMS[supreg] System,
Section A 5.1, Training Program, and Section A 5.5, Radioactive
Effluent Control Program. Specifically, the exemptions would relieve
the licensee from the requirements to: (1) Develop training modules
under its systematic approach to training (SAT) that include
comprehensive instructions for the operation and maintenance of the
ISFSI, except for the NAC-UMS[supreg] Universal Storage System; and (2)
submit an annual report pursuant to 10 CFR 72.44(d)(3).
II. Environmental Assessment (EA)
Identification of Proposed Action: The proposed action is to exempt
the licensee from regulatory requirements to develop certain training
and submit an annual report. By letter dated February 25, 2004, as
supplemented June 8, 2004, the licensee requested exemptions from
certain regulatory requirements of 10 CFR 72.212(a)(2),
72.212(b)(2)(i), 72.212(b)(7), and 72.214 which require a general
licensee to store spent fuel in an NRC-certified spent fuel storage
cask under the terms and conditions set forth in the CoC. The proposed
exemptions would allow the licensee to deviate from the requirements in
CoC No. 1015, Amendment 2, Appendix A, Technical Specifications for the
NAC-UMS[supreg] System, Section A 5.1, Training Program, and Section A
5.5, Radioactive Effluent Control Program.
CoC No. 1015, Amendment 2, Appendix A, Technical Specifications for
the NAC-UMS System, Section A 5.1, Training Program, requires that a
training program for the NAC-UMS[supreg] Universal Storage System be
developed under the general licensee's SAT. Further, the training
modules must include comprehensive instructions for the operation and
maintenance of both the NAC-UMS[supreg] Universal Storage System and
the ISFSI. In addition, CoC No. 1015, Amendment 2, Appendix A,
Technical Specifications for the NAC-UMS System, Section A 5.5,
Radioactive Effluent Control Program, Item c. requires an annual report
to be submitted pursuant to 10 CFR 72.44(d)(3). By exempting the
licensee
[[Page 397]]
from the requirements of 10 CFR 72.212(a), 72.212(b)(2)(i),
72.212(b)(7), and 72.214 for this request, the licensee will not be
required to either develop training modules that include comprehensive
instructions for the operation and maintenance of the ISFSI or submit
an annual report pursuant to 10 CFR 72.44(d)(3).
The proposed action before the NRC is whether to grant these
exemptions under the provisions of 10 CFR 72.7.
Need for the Proposed Action: The NRC has determined that the
requirements of CoC No. 1015, Amendment 2, Appendix A, Technical
Specifications for the NAC-UMS[supreg] System, Section A 5.1, Training
Program, and Section A 5.5, Radioactive Effluent Control Program impose
regulatory obligations, with associated costs, that do not provide a
commensurate increase in safety. Granting the requested exemptions will
allow the licensee not to have to: (1) Develop training modules under
the SAT that include comprehensive instructions for the operation and
maintenance of the ISFSI, except for the NAC-UMS[supreg] Universal
Storage System; or (2) submit an annual report pursuant to 10 CFR
72.44(d)(3). Thus, the licensee will not incur the costs associated
with these activities.
Environmental Impacts of the Proposed Action: The NRC has reviewed
the exemption requests submitted by the licensee and determined that
not requiring the licensee to: (1) Develop training modules under its
SAT that include comprehensive instructions for the operation and
maintenance of the ISFSI, except for the NAC-UMS[supreg] Universal
Storage System; and (2) submit an annual report pursuant to 10 CFR
72.44(d)(3) are administrative changes, and would have no significant
impacts to the environment.
Further, NRC has evaluated the impact to public safety that would
result from granting the requested exemptions. NRC determined that
requiring the licensee to develop training modules under its SAT for
the operation and maintenance of ISFSI structures, systems, and
components considered not-important-to-safety would not provide a
commensurate increase in public safety associated with the costs.
Therefore, allowing the licensee to develop these modules separately
from its SAT does not impact public safety. Also, NRC has determined
that not requiring the licensee to submit an annual report specifying
principal radionuclides released to the environment in liquid and in
gaseous effluents does not impact public safety because the NAC-
UMS[supreg] Universal Storage System is a sealed and leak-tight spent
fuel storage system. Thus, there should be no releases to the
environment of either liquid or gaseous effluents from normal operation
of the NAC-UMS[supreg] Universal Storage System.
The proposed action would not increase the probability or
consequences of accidents, no changes would be made to the types of
effluents that may be released offsite, and there would be no increase
in occupational or public radiation exposure. Therefore, there are no
significant radiological environmental impacts associated with the
proposed action. Additionally the proposed action would have no
significant non-radiological impacts.
Alternative to the Proposed Action: The alternative to the proposed
action would be to deny approval of these exemptions. Denial of these
exemption requests would have the same environmental impact as the
proposed action.
Agencies and Persons Consulted: The NRC prepared this EA. No other
sources were used. NRC, by letter dated August 10, 2004, provided a
draft of this EA to the Honorable Charles Pray, State Nuclear Safety
Advisor for the State of Maine for review. The State of Maine by letter
dated November 15, 2004, did not indicate it had any environmental
concerns related to granting the proposed exemptions. However, the
State of Maine did provide the following comment:
In that, the State of Maine has no objection to the NRC granting
the exemption for the current existing licensure period as long as
the current outstanding statutory obligations of the United States
government are met in all of its responsibility in reference to
[the] MYAPC facility, and that no extensions of the current twenty-
year licensure of the ISFSI is approved. Any extension granted by
the NRC beyond that date will [alter] the State's approval on this
and other related matters and will require a need for ongoing
assessment by the State of Maine of safety benefits to the citizens
of Maine beyond its original and current licensed mission. The State
would be required to fully [assess] as to how best [to] protect the
citizens of the State from further federal lapses of obligations.
The staff has reviewed the State of Maine's comment and determined
that neither exemption is coupled with extending the period of the
Maine Yankee's general license for its ISFSI beyond the twenty-year
period of its use of the NAC-UMS[supreg] Universal Storage System.
Certificate of Compliance No. 1015 will be eligible for renewal at the
expiration of this period and, if application for reapproval is made,
the State of Maine will have an opportunity to comment on such
application at that time.
Further, The NRC has determined that a consultation under Section 7
of the Endangered Species Act is not required because the proposed
action will not affect listed species or critical habitats. The NRC has
also determined that the proposed action is not a type of activity
having the potential to cause effects on historic properties.
Therefore, no consultation is required under Section 106 of the
National Historic Preservation Act.
Conclusions: The NRC has concluded that the proposed action of
granting these exemptions and not requiring the licensee to develop
certain training or submit an annual report will not significantly
impact the quality of the human environment and does not warrant the
preparation of an environmental impact statement. Accordingly, it has
been determined that a Finding of No Significant Impact is appropriate.
III. Finding of No Significant Impact
The environmental impacts of the proposed action have been reviewed
in accordance with the requirements set forth in 10 CFR part 51. Based
upon the foregoing EA, the NRC finds that the proposed action of
granting exemptions from the specific provisions of 10 CFR 72.212(a),
72.212(b)(2)(i), 72.212(b)(7), and 72.214 and not requiring the
licensee to: (1) Develop training modules under its SAT that include
comprehensive instructions for the operation and maintenance of the
ISFSI, except for the NAC-UMS[supreg] Universal Storage System; and (2)
submit an annual report pursuant to 10 CFR 72.44(d)(3), will not
significantly impact the quality of the human environment. Accordingly,
the NRC has determined that an environmental impact statement for these
proposed exemptions is not warranted.
The request for exemption was docketed under 10 CFR part 72, Docket
72-30. Please note that on October 25, 2004, the NRC suspended public
access to the Agencywide Documents Access and Management System
(ADAMS), and initiated an additional security review of publicly
available documents to ensure that potentially sensitive information is
removed from the ADAMS database accessible through the NRC's Web site.
Interested members of the public should check the NRC's Web pages for
updates on the availability of documents through ADAMS.
When public access to ADAMS is restored the documents related to
this action, including the application for the exemptions and
supporting
[[Page 398]]
documentation, will be available electronically at the NRC's Electronic
Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this
site you can access the NRC's ADAMS, which provides text and image
files of NRC's public documents. The ADAMS accession numbers for the
documents related to this notice are: For the request for exemptions
dated February 25, 2004, the ADAMS accession number is ML040620577, and
for the supplement dated June 8, 2004, the ADAMS accession number is
ML041690143.
When public access to ADAMS is resumed and you do not have access
to ADAMS or if there are problems in accessing the documents located in
ADAMS, contact the NRC's Public Document Room (PDR) Reference staff at
1-800-397-4209, (301) 415-4737, or by e-mail to pdr@nrc.gov. Also,
after resumption of public access to ADAMS, these documents may also be
viewed electronically on the public computers located at the NRC's PDR,
O1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852. The PDR reproduction contractor will copy documents for a fee.
Dated in Rockville, Maryland, this 13th of December, 2004.
For the Nuclear Regulatory Commission.
Stewart W. Brown,
Sr. Project Manager, Spent Fuel Project Office, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 05-24 Filed 1-3-05; 8:45 am]
BILLING CODE 7590-01-P
