Foster Wheeler Environmental Corporation, Idaho Spent Fuel Facility; Issuance of Environmental Assessment and Finding of No Significant Impact Regarding a Proposed Exemption, 11715-11716 [05-4549]
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Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices
exemption is provided by 10 CFR 73.6,
in part, from Sections 73.45 and 73.46
for the categories of material defined
therein, which include conventional
LEU fuel (enriched to less than 20
percent in U–235). Accordingly, the
licensee is not subject to the
requirements of 10 CFR 11.11 for the
use of LEU fuel. However, since there is
no comparable exclusion in Section 73.6
for fuel initially containing a small
concentration of plutonium, the
requirements of 10 CFR 11.11 become
applicable to the licensee for the use of
MOX, unless an exemption is granted
pursuant to 10 CFR 11.9.
The NRC staff has found that the
MOX material, while technically
meeting the criteria of a formula
quantity, is not attractive to potential
adversaries from a proliferation
standpoint due to its low Pu
concentration, composition, and form
(size and weight). The MOX fuel
consists of Pu oxide particles dispersed
in a ceramic matrix of depleted uranium
oxide with a Pu concentration of less
than six weight percent. The MOX LTAs
will consist of conventional fuel
assemblies designed for a commercial
light-water power reactor that are over
12 feet long and weigh approximately
1500 pounds. On these bases, the NRC
staff finds that the complete application
of 10 CFR 11.11 is not necessary, and
the exemption is authorized by law and
will not constitute an undue risk to the
common defense and security.
Accordingly, pursuant to 10 CFR 11.9,
based upon the physical characteristics
of the MOX LTAs and the proposed
additional protective measures, the NRC
staff concludes that it is acceptable to
grant an exemption from the
requirements of 10 CFR 11.11(a)(1)–
(a)(2), and 11.11(b).
The underlying purpose of 10 CFR
part 73 is to prescribe requirements for
the establishment and maintenance of a
physical protection system that will
have capabilities for the protection of
SSNM at fixed sites and in transit. As
noted above, an exemption is provided
by Section 73.6 for the licensee in its
use of conventional LEU fuel enriched
to less than 20 percent U–235, but not
for fresh MOX fuel containing Pu. The
NRC staff found that the MOX material,
while technically meeting the criteria of
a formula quantity, is not attractive to
potential adversaries from a
proliferation standpoint due to its low
Pu concentration, composition, and
form (size and weight). The MOX fuel
consists of Pu oxide particles dispersed
in a ceramic matrix of depleted uranium
oxide with a Pu concentration of less
than six weight percent. The MOX LTAs
will consist of conventional fuel
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18:06 Mar 08, 2005
Jkt 205001
assemblies designed for a commercial
light-water power reactor that are over
12 feet long and weigh approximately
1500 pounds. A large quantity of MOX
fuel and an elaborate extraction process
would be required to yield enough
material for use in an improvised
nuclear device or weapon. On these
bases, the NRC staff finds that the
complete application of 10 CFR
73.45(d)(1)(iv), 73.46(c)(1), 73.46(h)(3),
73.46(b)(3)–(b)(12), 73.46(d)(9), and
73.46(e)(3) for MOX fuel is not
necessary and that the exemptions are
authorized by law and will not endanger
life or property or the common defense
and security and are otherwise in the
public interest.
Accordingly, based on the physical
characteristics of the MOX LTAs and
the proposed additional protective
measures, the NRC staff, pursuant to 10
CFR 73.5, concludes that it is acceptable
to grant an exemption from these
portions of 10 CFR part 73.
6.0 Conclusion for Part 11 and Part 73
Exemptions
For the reasons set forth above, the
Commission has determined that,
pursuant to 10 CFR 11.9, the requested
exemptions are authorized by law and
will not constitute an undue risk to the
common defense and security. In
addition, pursuant to 10 CFR 73.5, the
exemptions are authorized by law, will
not endanger life or property or the
common defense and security, and are
otherwise in the public interest.
Therefore, the Commission hereby
grants Duke Energy Corporation the
requested exemptions from the
requirements of 10 CFR 11.11(a)(1)–
(a)(2), 10 CFR 11.11(b), and 10 CFR
73.45(d)(1)(iv), 73.46(c)(1), 73.46(h)(3),
73.46(b)(3)–(b)(12), 73.46(d)(9), and
73.46(e)(3).
7.0
Environmental Evaluation
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (69 FR 51112 and
70 FR 8849).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 3rd day
of March 2005.
For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. 05–4548 Filed 3–8–05; 8:45 am]
BILLING CODE 7590–01–P
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11715
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–25]
Foster Wheeler Environmental
Corporation, Idaho Spent Fuel Facility;
Issuance of Environmental
Assessment and Finding of No
Significant Impact Regarding a
Proposed Exemption
Nuclear Regulatory
Commission.
ACTION: Environmental assessment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
James R. Hall, Senior Project Manager,
Spent Fuel Project Office, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
(301) 415–8500; fax number: (301) 425–
8555; e-mail: jrh@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Nuclear Regulatory Commission (NRC
or the Commission) is considering
issuance of an exemption, pursuant to
10 CFR 72.7, from the provisions of 10
CFR 72.70(a)(1) to the Foster Wheeler
Environmental Corporation (FWENC or
licensee). This regulation requires that
each specific licensee under 10 CFR part
72 submit an original Final Safety
Analysis Report (FSAR) to the
Commission within 90 days after
issuance of the license. The NRC
granted a license for the Idaho Spent
Fuel (ISF) Facility, an independent
spent fuel storage installation (ISFSI) to
be located at the Idaho National
Engineering and Environmental
Laboratory (INEEL), to FWENC on
November 30, 2004. The requested
exemption would allow FWENC to
submit an original FSAR for the ISF
Facility no later than August 28, 2005,
or no later than 30 days prior to the
commencement of construction,
whichever comes first. FWENC
submitted the exemption request on
February 2, 2005.
Environmental Assessment (EA)
Identification of Proposed Action: The
licensee requested an exemption from
the requirement in 10 CFR 72.70(a)(1),
which states that each licensee shall
submit an original FSAR to the
Commission, in accordance with 10 CFR
72.4, within 90 days after issuance of
the license. The requested exemption
would allow the licensee to delay the
submittal of the original FSAR for the
ISF Facility by up to 6 months (no later
than August 28, 2005, or 30 days prior
to commencement of construction,
whichever comes first).
E:\FR\FM\09MRN1.SGM
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11716
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices
The proposed action before the
Commission is whether to grant this
exemption pursuant to 10 CFR 72.7.
Need for the Proposed Action: The
NRC granted a license to construct and
operate the ISF Facility to FWENC on
November 30, 2004. FWENC will build
and operate the facility under a contract
with the U. S. Department of Energy
(DOE). The ISF Facility represents an
additional milestone in the 1995
settlement agreement among DOE, the
U.S. Navy, and the State of Idaho
regarding the disposition of spent
nuclear fuel at INEEL.
The exemption would allow the
licensee additional time to submit an
original FSAR beyond February 28,
2005, which is 90 days from the date the
facility license was issued. As part of its
justification for the exemption request,
FWENC indicated that it has held recent
discussions with DOE to determine
whether the FSAR and related
documents contain sensitive
information that should be withheld
from public disclosure. These
discussions were prompted in part by
recent NRC actions to reassess its policy
and practices on release of sensitive
information; however, the NRC has not
yet provided any new direction to
licensees on this subject. FWENC has
not yet made its determination, but it
may need to expend more resources
and/or time to prepare the FSAR and
associated justifications if it elects to
request that parts of the document be
withheld. In order to allow it more time
to identify what parts of the FSAR, if
any, are to be withheld, to prepare the
necessary justifications, and to revise
the document accordingly, the licensee
has requested the subject exemption.
Environmental Impacts of the
Proposed Action: The NRC staff
previously evaluated the environmental
impacts resulting from the construction,
operation and decommissioning of the
ISF Facility, and determined that such
impacts would be acceptably small. The
staff’s conclusions are documented in
the ‘‘Environmental Impact Statement
(EIS) for the Proposed Idaho Spent Fuel
Facility at the Idaho National
Engineering and Environmental
Laboratory in Butte County, Idaho (Final
Report), NUREG–1773,’’ issued in
January 2004. The proposed action
under consideration would not change
the staff’s previous conclusions in the
EIS regarding environmental impacts,
because the proposed exemption is an
administrative action that will not affect
the physical design or operation of the
ISF Facility. Therefore, there are no
radiological or non-radiological impacts
from a delay in submitting the FSAR,
and the staff finds that the proposed
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18:06 Mar 08, 2005
Jkt 205001
exemption will not have any significant
environmental impact.
Alternative to the Proposed Action:
As an alternative to the proposed action,
the staff considered denial of the
proposed action (i.e., the ‘‘no-action’’
alternative). Approval or denial of the
exemption request would result in no
change in the environmental impacts
described in the staff’s final EIS.
Therefore, the environmental impacts of
the proposed action and the alternative
action are similar.
Agencies and Persons Consulted: On
February 17, 2005, Mr. Doug Walker,
Senior Health Physicist with the State of
Idaho INEEL Oversight Program, was
contacted regarding the environmental
assessment for the proposed exemption
and had no comments. The NRC staff
previously evaluated the environmental
impacts of the ISF Facility in the final
EIS issued in January 2004, and has
determined that additional consultation
under Section 7 of the Endangered
Species Act is not required for this
specific exemption which involves
administrative reporting requirements
and will not affect listed species or
critical habitat. The NRC staff has
similarly determined that the proposed
exemption is not a type of activity
having the potential to cause effects on
historic properties. Therefore, no further
consultation is required under Section
106 of the National Historic
Preservation Act.
Conclusion: The staff has reviewed
the exemption request submitted by
FWENC and has determined that
allowing the licensee to delay the
submittal of the original Final Safety
Analysis Report for the ISF Facility up
to an additional 6 months beyond the
date required by 10 CFR 72.70(a)(1) is
an administrative change, and would
have no significant impact on the
environment.
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 Commission finds that
the proposed action of granting the
exemption from 10 CFR 72.70(a)(1), so
that FWENC may delay the submittal of
the original FSAR for the ISF Facility,
will not significantly impact the quality
of the human environment.
Accordingly, the Commission has
determined that a Finding of No
Significant Impact is appropriate, and
that an environmental impact statement
for the proposed exemption is not
necessary.
For further details with respect to this
action, see the FWENC request for
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Frm 00112
Fmt 4703
Sfmt 4703
exemption, dated February 2, 2005,
which was docketed under 10 CFR part
72, Docket No. 72–25. This document is
available for public inspection at the
Commission’s Public Document Room,
One White Flint North Building, 11555
Rockville Pike, Rockville, MD, or from
the publicly available records
component of NRC’s Agencywide
Documents Access and Management
System (ADAMS). This document may
be accessed through the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html. If there are problems in
accessing the documents located in
ADAMS, contact the NRC Public
Document Room (PDR) Reference staff
at 1–800–397–4209, (301) 415–4737 or
by e-mail at pdr@nrc.gov.
Dated at Rockville, Maryland, this 1st day
of March, 2005.
For the Nuclear Regulatory Commission.
James R. Hall,
Senior Project Manager, Spent Fuel Project
Office, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 05–4549 Filed 3–8–05; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF MANAGEMENT AND
BUDGET
Acquisition Advisory Panel
Office of Management and
Budget, Executive Office of the
President.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
SUMMARY: Pursuant to the provisions of
the Federal Advisory Committee Act
(Pub. L. 92–463, as amended), notice is
hereby given that the Acquisition
Advisory Panel established in
accordance with the Services
Acquisition Reform Act of 2003 will
meet on March 30, 2005 and again on
April 19, 2005 at 9 a.m., eastern time.
Location for the March 30, 2005 meeting
will be the General Services
Administration (GSA) Auditorium at
1800 F. Street, NW., Washington, DC
20405. While the meeting is open to the
public, building security requires you to
provide your name to the Designated
Federal Officer (DFO) (contact
information listed below) by March 28,
2005. You will need photo
identification to enter the building.
Location for the April 19, 2005 meeting
is expected to be the Federal Deposit
Insurance Corporation (FDIC) basement
auditorium, 801 17th Street NW.,
Washington DC 20434. While this
meeting is open to the public, building
security requires that you provide your
E:\FR\FM\09MRN1.SGM
09MRN1
]]>Agencies
[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11715-11716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4549]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-25]
Foster Wheeler Environmental Corporation, Idaho Spent Fuel
Facility; Issuance of Environmental Assessment and Finding of No
Significant Impact Regarding a Proposed Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: James R. Hall, Senior Project Manager,
Spent Fuel Project Office, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Telephone: (301) 415-8500; fax number: (301) 425-8555; e-mail:
jrh@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC
or the Commission) is considering issuance of an exemption, pursuant to
10 CFR 72.7, from the provisions of 10 CFR 72.70(a)(1) to the Foster
Wheeler Environmental Corporation (FWENC or licensee). This regulation
requires that each specific licensee under 10 CFR part 72 submit an
original Final Safety Analysis Report (FSAR) to the Commission within
90 days after issuance of the license. The NRC granted a license for
the Idaho Spent Fuel (ISF) Facility, an independent spent fuel storage
installation (ISFSI) to be located at the Idaho National Engineering
and Environmental Laboratory (INEEL), to FWENC on November 30, 2004.
The requested exemption would allow FWENC to submit an original FSAR
for the ISF Facility no later than August 28, 2005, or no later than 30
days prior to the commencement of construction, whichever comes first.
FWENC submitted the exemption request on February 2, 2005.
Environmental Assessment (EA)
Identification of Proposed Action: The licensee requested an
exemption from the requirement in 10 CFR 72.70(a)(1), which states that
each licensee shall submit an original FSAR to the Commission, in
accordance with 10 CFR 72.4, within 90 days after issuance of the
license. The requested exemption would allow the licensee to delay the
submittal of the original FSAR for the ISF Facility by up to 6 months
(no later than August 28, 2005, or 30 days prior to commencement of
construction, whichever comes first).
[[Page 11716]]
The proposed action before the Commission is whether to grant this
exemption pursuant to 10 CFR 72.7.
Need for the Proposed Action: The NRC granted a license to
construct and operate the ISF Facility to FWENC on November 30, 2004.
FWENC will build and operate the facility under a contract with the U.
S. Department of Energy (DOE). The ISF Facility represents an
additional milestone in the 1995 settlement agreement among DOE, the
U.S. Navy, and the State of Idaho regarding the disposition of spent
nuclear fuel at INEEL.
The exemption would allow the licensee additional time to submit an
original FSAR beyond February 28, 2005, which is 90 days from the date
the facility license was issued. As part of its justification for the
exemption request, FWENC indicated that it has held recent discussions
with DOE to determine whether the FSAR and related documents contain
sensitive information that should be withheld from public disclosure.
These discussions were prompted in part by recent NRC actions to
reassess its policy and practices on release of sensitive information;
however, the NRC has not yet provided any new direction to licensees on
this subject. FWENC has not yet made its determination, but it may need
to expend more resources and/or time to prepare the FSAR and associated
justifications if it elects to request that parts of the document be
withheld. In order to allow it more time to identify what parts of the
FSAR, if any, are to be withheld, to prepare the necessary
justifications, and to revise the document accordingly, the licensee
has requested the subject exemption.
Environmental Impacts of the Proposed Action: The NRC staff
previously evaluated the environmental impacts resulting from the
construction, operation and decommissioning of the ISF Facility, and
determined that such impacts would be acceptably small. The staff's
conclusions are documented in the ``Environmental Impact Statement
(EIS) for the Proposed Idaho Spent Fuel Facility at the Idaho National
Engineering and Environmental Laboratory in Butte County, Idaho (Final
Report), NUREG-1773,'' issued in January 2004. The proposed action
under consideration would not change the staff's previous conclusions
in the EIS regarding environmental impacts, because the proposed
exemption is an administrative action that will not affect the physical
design or operation of the ISF Facility. Therefore, there are no
radiological or non-radiological impacts from a delay in submitting the
FSAR, and the staff finds that the proposed exemption will not have any
significant environmental impact.
Alternative to the Proposed Action: As an alternative to the
proposed action, the staff considered denial of the proposed action
(i.e., the ``no-action'' alternative). Approval or denial of the
exemption request would result in no change in the environmental
impacts described in the staff's final EIS. Therefore, the
environmental impacts of the proposed action and the alternative action
are similar.
Agencies and Persons Consulted: On February 17, 2005, Mr. Doug
Walker, Senior Health Physicist with the State of Idaho INEEL Oversight
Program, was contacted regarding the environmental assessment for the
proposed exemption and had no comments. The NRC staff previously
evaluated the environmental impacts of the ISF Facility in the final
EIS issued in January 2004, and has determined that additional
consultation under Section 7 of the Endangered Species Act is not
required for this specific exemption which involves administrative
reporting requirements and will not affect listed species or critical
habitat. The NRC staff has similarly determined that the proposed
exemption is not a type of activity having the potential to cause
effects on historic properties. Therefore, no further consultation is
required under Section 106 of the National Historic Preservation Act.
Conclusion: The staff has reviewed the exemption request submitted
by FWENC and has determined that allowing the licensee to delay the
submittal of the original Final Safety Analysis Report for the ISF
Facility up to an additional 6 months beyond the date required by 10
CFR 72.70(a)(1) is an administrative change, and would have no
significant impact on the environment.
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 Commission finds that the proposed action of
granting the exemption from 10 CFR 72.70(a)(1), so that FWENC may delay
the submittal of the original FSAR for the ISF Facility, will not
significantly impact the quality of the human environment. Accordingly,
the Commission has determined that a Finding of No Significant Impact
is appropriate, and that an environmental impact statement for the
proposed exemption is not necessary.
For further details with respect to this action, see the FWENC
request for exemption, dated February 2, 2005, which was docketed under
10 CFR part 72, Docket No. 72-25. This document is available for public
inspection at the Commission's Public Document Room, One White Flint
North Building, 11555 Rockville Pike, Rockville, MD, or from the
publicly available records component of NRC's Agencywide Documents
Access and Management System (ADAMS). This document may be accessed
through the NRC's Public Electronic Reading Room on the Internet at
https://www.nrc.gov/reading-rm/adams.html. If there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, (301) 415-4737
or by e-mail at pdr@nrc.gov.
Dated at Rockville, Maryland, this 1st day of March, 2005.
For the Nuclear Regulatory Commission.
James R. Hall,
Senior Project Manager, Spent Fuel Project Office, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 05-4549 Filed 3-8-05; 8:45 am]
BILLING CODE 7590-01-P
