Revised Record of Decision for the Environmental Impact Statement on a Proposed Nuclear Weapons Nonproliferation Policy Concerning Foreign Research Reactor Spent Nuclear Fuel, 50004-50006 [E8-19630]
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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Notices
DEPARTMENT OF ENERGY
Environmental Management SiteSpecific Advisory Board Chairs
Department of Energy.
Notice of Open Meeting.
AGENCY:
ACTION:
SUMMARY: This notice announces a
meeting of the Environmental
Management Site-Specific Advisory
Board (EM SSAB) Chairs. The Federal
Advisory Committee Act (Pub. L. No.
92–463, 86 Stat. 770) requires that
public notice of this meeting be
announced in the Federal Register.
DATES: Tuesday, September 16, 2008,
8:30 a.m.–5 p.m.; Wednesday,
September 17, 2008, 8:30 a.m.–5 p.m.
ADDRESSES: Key Bridge Marriott, 1401
Lee Highway, Arlington, Virginia,
Phone: (703) 524–6400, Fax: (703) 524–
8964.
FOR FURTHER INFORMATION CONTACT: E.
Douglas Frost, Designated Federal
Officer, U.S. Department of Energy,
1000 Independence Avenue, SW.,
Washington, DC 20585; Phone: (202)
586–5619.
SUPPLEMENTARY INFORMATION:
Purpose of the Board: The purpose of
the Board is to make recommendations
to DOE in the areas of environmental
restoration, waste management, and
related activities.
Tentative Agenda Topics
Tuesday, September 16, 2008
Æ Engineering and Technology Panel
and Roundtable Discussion
Æ Communications and External
Affairs Presentation and Roundtable
Discussion
Æ Waste and Materials Disposition
Panel and Roundtable Discussion
ebenthall on PRODPC60 with NOTICES
Wednesday, September 17, 2008
Æ EM Update Presentation and
Roundtable Discussion
Æ Round Robin: Top Three SiteSpecific Issues and EM SSAB
Accomplishments
Æ Strategic Planning and Transition
Panel and Roundtable Discussion
Æ EM SSAB Roundtable Discussion
• Public Outreach and Recruitment
Strategies
• Annual Reports and Member
Surveys
• Product Development
Public Participation: The meeting is
open to the public. Written statements
may be filed either before or after the
meeting with the Designated Federal
Officer, E. Douglas Frost, at the address
or telephone listed above. Individuals
who wish to make oral statements
pertaining to agenda items should also
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15:18 Aug 22, 2008
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contact E. Douglas Frost. Requests must
be received five days prior to the
meeting and reasonable provision will
be made to include the presentation in
the agenda. The Designated Federal
Officer is empowered to conduct the
meeting in a fashion that will facilitate
the orderly conduct of business.
Individuals wishing to make public
comment will be provided a maximum
of five minutes to present their
comments.
Minutes: Minutes will be available by
writing or calling E. Douglas Frost at the
address or phone number listed above.
Minutes will also be available at the
following Web site: https://
www.em.doe.gov/stakepages/
ssabchairs.aspx.
Issued at Washington, DC on August 19,
2008.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E8–19632 Filed 8–22–08; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Nuclear Energy Advisory Committee
Department of Energy, Office of
Nuclear Energy.
ACTION: Notice of Open Meeting.
AGENCY:
SUMMARY: This notice announces a
meeting of the Nuclear Energy Advisory
Committee (NEAC). Federal Advisory
Committee Act (Pub. L. No. 94–463, 86
Stat. 770) requires that public notice of
these meetings be announced in the
Federal Register.
DATES: Tuesday, September 23, 2008, 9
a.m.–5:15 p.m.
Location: The meeting will be held at
the L’Enfant Plaza Hotel located at 480
L’Enfant Plaza, SW., Washington, DC
20024.
of 12 individuals of diverse
backgrounds selected for their technical
expertise and experience, established
records of distinguished professional
service, and their knowledge of issues
that pertain to nuclear energy.
Purpose of the Meeting: To inform the
committee of recent developments and
current status of research programs and
projects pursued by the Department of
Energy’s Office of Nuclear Energy and
receive advice and comments in return
from the committee.
Tentative Agenda: The meeting is
expected to include presentations that
cover such topics as the current status
of the Global Nuclear Energy
Partnership (GNEP), Next Generation of
Nuclear Power, Nuclear Power 2010,
and Idaho National Laboratory. The
agenda may change to accommodate
committee business. For updates, one is
directed the NEAC Web site: https://
www.ne.doe.gov/neac/
neNeacOverview.html.
Public Participation: Individuals and
representatives of organizations who
would like to offer comments and
suggestions may do so on the day of the
meeting, Tuesday, September 23, 2008.
Approximately one-half hour will be
reserved for public comments. Time
allotted per speaker will depend on the
number who wish to speak but is not
expected to exceed 5 minutes. Anyone
who is not able to make the meeting or
has had insufficient time to address the
committee is invited to send a written
statement to Dr. John Boger, 19901
Germantown Rd, Germantown, MD
20874, or e-mail john.boger@hq.doe.gov.
Minutes: The minutes of the meeting
will be available by contacting Dr. John
Boger at the address above or on the
Department of Energy, Office of Nuclear
Energy Web site at https://
www.ne.doe.gov/neac/
neNeacOverview.html.
Dr.
John Boger, Designated Federal Officer,
U.S. Department of Energy, 19901
Germantown Rd, Germantown, MD
20874; telephone (301) 903–4495; e-mail
john.boger@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC on August 19,
2008.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E8–19631 Filed 8–22–08; 8:45 am]
Background:
DEPARTMENT OF ENERGY
FOR FURTHER INFORMATION CONTACT:
The Nuclear Energy Advisory
Committee (NEAC), formerly the
Nuclear Energy Research Advisory
Committee (NERAC), was established in
1998 by the U.S. Department of Energy
(DOE) to provide expert advice on
complex scientific, technical, and policy
issues that arise in the planning,
managing, and implementation of DOE’s
civilian nuclear energy research
programs. The committee is composed
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Fmt 4703
Sfmt 4703
BILLING CODE 6450–01–P
Revised Record of Decision for the
Environmental Impact Statement on a
Proposed Nuclear Weapons
Nonproliferation Policy Concerning
Foreign Research Reactor Spent
Nuclear Fuel
National Nuclear Security
Administration, Department of Energy.
ACTION: Revised Record of Decision.
AGENCY:
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Notices
ebenthall on PRODPC60 with NOTICES
SUMMARY: The Department of Energy
(DOE) is further revising 1 the Record of
Decision (61 FR 25092; May 17, 1996)
on the Environmental Impact Statement
on a Proposed Nuclear Weapons
Nonproliferation Policy Concerning
Foreign Research Reactor Spent Nuclear
Fuel (DOE/EIS–218, February 1996), to
allow the United States to take title to
spent nuclear fuel and target material
from foreign research reactors located in
countries of any income at locations
other than the port of entry into the
United States.
FOR FURTHER INFORMATION CONTACT: For
further information on DOE’s Foreign
Research Reactor Spent Nuclear Fuel
Acceptance Program or this Revised
Record of Decision, contact: Mr.
Andrew Bieniawski, Assistant Deputy
Administrator for Defense
Nonproliferation, Office of Global
Threat Reduction (NA–21), U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585, Attn: 955
L’Enfant, 202–586–9215.
For information on DOE’s National
Environmental Policy Act (NEPA)
process, contact: Ms. Carol M.
Borgstrom, Director, Office of NEPA
Policy and Compliance (GC–20), U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585–0103, (202) 586–
4600, or leave a message at (800) 472–
2756.
SUPPLEMENTARY INFORMATION:
Background
DOE, with the Department of State as
a cooperating agency, issued the
Environmental Impact Statement on a
Proposed Nuclear Weapons
Nonproliferation Policy Concerning
Foreign Research Reactor Spent Nuclear
Fuel (FRR SNF EIS, DOE/EIS–218) in
February 1996. The Record of Decision
was issued on May 13, 1996, and was
published in the Federal Register on
May 17, 1996 (61 FR 25092). In the FRR
SNF EIS, DOE and the Department of
State considered the potential impacts
of a proposed policy to manage U.S.origin spent nuclear fuel and target
material from foreign research reactors.
After consideration of public comments
submitted on the Draft and Final EIS,
DOE, in consultation with the
Department of State, decided to
implement the proposed policy as
identified in the Preferred Alternative
contained in the Final EIS, subject to
additional stipulations specified in
1 The Record of Decision was previously revised
three times: July 25, 1996 (61 FR 38720); July 19,
2000 (65 FR 44767); and December 1, 2004 (69 FR
69901).
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15:18 Aug 22, 2008
Jkt 214001
Section VII of the Record of Decision.
The Record of Decision stated, ‘‘DOE
would take title to the foreign research
reactor spent nuclear fuel and target
material that is shipped by sea after it
is unloaded from the ship at the port of
entry * * * ’’ In its initial decision, DOE
announced that eligible spent fuel that
is irradiated and discharged from
reactors before May 13, 2006, is eligible
for acceptance through May 12, 2009.
DOE later extended the program for an
additional 10 years, until May 12, 2016,
for irradiation of eligible fuel, and until
May 12, 2019, for fuel acceptance (69 FR
69901; December 1, 2004).
DOE subsequently determined that
the need may arise during
implementation of the policy for the
United States to take title to spent
nuclear fuel and target material from
foreign research reactors located in
countries with other-than-high-income
economies at locations other than the
port of entry into the United States.
Foreign governments had raised a
concern in cases where transportation
casks from multiple countries were on
a single vessel regarding who would be
liable for any potential damage when
spent fuel from one country is in the
territory of another during the shipment.
DOE was informed that shipowners
willing to transport spent nuclear fuel
from these countries without coverage
under the Price-Anderson Act had not
been identified. After determining that
the point at which title to the spent
nuclear fuel and target material transfers
from the reactor operator to the United
States had no effect on the physical
processes that would take place under
the acceptance policy, and thus would
not have any effect on the potential
impacts to the environment, workers, or
the public, DOE issued its Revision to
the Record of Decision (61 FR 38720;
July 25, 1996) to allow DOE to take title
to spent nuclear fuel and target material
from foreign research reactors located in
countries with other-than-high-income
economies, as defined in the Final EIS,
at locations other than the port of entry
into the United States. This revised
policy did not extend to reactors in
countries with high-income economies,
since reactor operators in these
countries, at that time, were able to
provide sufficient liability insurance for
transporting their own spent nuclear
fuel to the United States.
Reason for the Revision
Recently, the need has arisen during
implementation of the policy for the
United States also to take title to spent
nuclear fuel and target material from
foreign research reactors located in
countries with high-income economies
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
50005
at locations other than the port of entry
into the United States.
Nuclear insurance pools covering
individual reactor operators in countries
with high-income economies have
begun to require additional coverage.
This rise in premiums affects, in
particular, some smaller foreign
research reactors in high-income
economy countries that are in many
cases operated by educational and
research institutions that do not have
the funding to pay for additional
coverage, estimated to cost
approximately $50,000 per shipping
participant. Since some smaller foreign
research reactors would have significant
difficulties obtaining additional
funding, they could decide not to
participate at all in future shipments.
One reactor in a high-income economy
country recently refused to participate
in a shipment without reimbursement of
additional insurance costs.
DOE anticipates that liability
insurance costs will continue to
increase in the coming years for reactors
in countries of all incomes. If research
reactors in high-income economy
countries are increasingly unable to
participate in shipments due to lack of
liability insurance, the program’s
nonproliferation goal of repatriating
U.S.-origin highly enriched uranium
would be jeopardized.
DOE’s experience since 1996 in taking
title to material from reactors in otherthan-high-income economy countries
has confirmed that the point at which
title to the spent nuclear fuel and target
material transfers from the reactor
operator to the United States has no
effect on the physical processes that
take place under the acceptance policy.
There are, for example, no changes in
the applicable requirements or handling
practices that ensure worker and public
safety and environmental protection.
Thus, the location of title change does
not have any effect on the potential
impacts to the environment.
Therefore, in place of the current
policy that allows DOE to take title to
spent nuclear fuel or target material at
a location other than the U.S. port of
entry only from foreign research reactors
in other-than-high-income-economy
countries, DOE is herein revising the
Record of Decision to allow the title
transfer location for spent nuclear fuel
or target material from reactors located
in countries of any income to be
determined on a case-by-case basis by
DOE, and the terms and conditions of
the title transfer to be specified in DOE’s
individual contracts with the reactor
operators. As with the policy in the
prior Revised Record of Decision (61 FR
38720; July 25, 1996), title could
E:\FR\FM\25AUN1.SGM
25AUN1
50006
Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Notices
transfer as early as the departure of the
loaded cask from the reactor site or at
the foreign port-of-origin, or as late as
entry into the United States.
Decision
For the reasons set forth above,
Section VII (‘‘Decision’’) of the Record
of Decision (61 FR 25092; May 17, 1996)
as previously revised (61 FR 38720; July
25, 1996) is further revised by replacing
the current Paragraph E with a new
Paragraph E to read as follows:
E. The United States may take title to the
spent nuclear fuel and target material of
research reactors from countries of any
income at a location other than the port of
entry into the United States. On a case-bycase basis, the United States will determine
whether it is in its best interests, with regard
to the execution of this policy, to take title
to certain spent nuclear fuel and target
material before it reaches the port of entry
into the United States. The title transfer
location will be specified in the contract with
the affected reactor operator. In
implementing this policy, the Administrator
for the National Nuclear Security
Administration must make, on a case-by-case
basis, any decision to accept title to foreign
research reactor spent nuclear fuel outside
the United States. The authority to make this
decision cannot be delegated.
In addition, Section IX (‘‘Basis for the
Decision’’), Paragraph G (‘‘Title Transfer
Location’’) of the Record of Decision is
revised to read as follows:
ebenthall on PRODPC60 with NOTICES
G. Title Transfer Location—The alternative
points at which DOE might take title to the
spent nuclear fuel and target material are
discussed in Sections 2.2.1.4 and 2.2.2.4 of
the Final EIS. The point at which title will
be transferred has no effect on the physical
processes that would take place, and thus
will not have any effect on the impacts on
the environment, workers, or the public.
However, the point of title transfer does
affect financial responsibility for risks
associated with the shipments.
Under United States law, the PriceAnderson Act would provide
indemnification coverage for spent
nuclear fuel and target material
shipments from foreign research
reactors upon entry of material into the
United States regardless of when title is
transferred to the United States.
However, Price-Anderson coverage
outside U.S. territory is provided only if
the material is owned by, and used by,
or under contract with the United
States. For countries with other-thanhigh-income economies, DOE has
provided Price-Anderson Act coverage
on a case-by-case basis per the Revised
Record of Decision issued in 1996 (61
FR 38720; July 25, 1996). Recently,
reactor operators in countries with highincome economies have been unable to
afford nuclear liability insurance due to
increasing costs.
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15:18 Aug 22, 2008
Jkt 214001
The approach for transfer of title
discussed in Section VII.E. permits DOE
to take title to spent fuel at locations
other than the U.S. port of entry,
regardless of the income status of the
country repatriating the spent fuel or
target material to the United States. This
policy revision allows DOE, on a caseby-case basis, to extend Price-Anderson
Act coverage and assume financial
responsibility for shipments from the
point at which DOE takes title. This
removes the need for reactors for whom
sufficient liability insurance is
unaffordable to purchase such insurance
for shipment to the U.S. port of entry.
This provision will provide a
mechanism whereby liability coverage
can be provided for segments of the
transportation process that the reactor
operators are unable themselves to
provide. In implementing this policy,
the Administrator for the National
Nuclear Security Administration must
make, on a case-by-case basis, any
decision to accept title to foreign
research reactor spent nuclear fuel
outside the United States. The authority
to make this decision cannot be
delegated.
The revision of the Record of Decision
set forth in this Notice complies with
the requirements of the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) and its implementing
regulations at 40 CFR Parts 1500–1508
and 10 CFR Part 1021. Because there are
no environmental impacts associated
with changing the title transfer location,
no further environmental review is
required under the National
Environmental Policy Act or Executive
Order 12114 (January 4, 1979) in order
to effectuate the revision.
Issued in Washington, DC, on August 13,
2008.
Thomas P. D’Agostino,
Under Secretary for Nuclear Security and
Administrator, National Nuclear Security
Administration.
[FR Doc. E8–19630 Filed 8–22–08; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
August 20, 2008.
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Docket Numbers: RP01–503–008.
Applicants: Natural Gas Pipeline
Company of America LLC.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Description: Natural Gas Pipeline
Company of America LLC submits
Original Sheet 477A et al. to FERC Gas
Tariff, Seventh Revised Volume 1,
effective 9/15/08.
Filed Date: 08/15/2008.
Accession Number: 20080819–0109.
Comment Date: 5 p.m. Eastern Time
on Wednesday, August 27, 2008.
Docket Numbers: RP06–231–008.
RP06–365–006.
Applicants: Norstar Operating, LLC v.
Columbia Gas Transmission
Corporation.
Description: Columbia Gas
Transmission Corporation submits
Second Substitute Fifth Revised Sheet
406 to FERC Gas Tariff, Second Revised
Volume 1, to be effective 6/1/07.
Filed Date: 08/18/2008.
Accession Number: 20080820–0101.
Comment Date: 5 p.m. Eastern Time
on Tuesday, September 02, 2008.
Docket Numbers: RP08–34–003.
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Pipeline LLC.
Description: Kinder Morgan Illinois
Pipeline, LLC submits First Revised
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Original Volume 1, to be effective 9/15/
08.
Filed Date: 08/15/2008.
Accession Number: 20080819–0110.
Comment Date: 5 p.m. Eastern Time
on Wednesday, August 27, 2008.
Docket Numbers: RP08–464–000.
Applicants: Stingray Pipeline
Company, L.L.C.
Description: Request for Extension of
Time of Stingray Pipeline Company,
L.L.C.
Filed Date: 07/30/2008.
Accession Number: 20080730–5019.
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on Monday, August 25, 2008.
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Comment Date: 5 p.m. Eastern Time
on Monday, August 25, 2008.
E:\FR\FM\25AUN1.SGM
25AUN1
Agencies
[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Notices]
[Pages 50004-50006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19630]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Revised Record of Decision for the Environmental Impact Statement
on a Proposed Nuclear Weapons Nonproliferation Policy Concerning
Foreign Research Reactor Spent Nuclear Fuel
AGENCY: National Nuclear Security Administration, Department of Energy.
ACTION: Revised Record of Decision.
-----------------------------------------------------------------------
[[Page 50005]]
SUMMARY: The Department of Energy (DOE) is further revising \1\ the
Record of Decision (61 FR 25092; May 17, 1996) on the Environmental
Impact Statement on a Proposed Nuclear Weapons Nonproliferation Policy
Concerning Foreign Research Reactor Spent Nuclear Fuel (DOE/EIS-218,
February 1996), to allow the United States to take title to spent
nuclear fuel and target material from foreign research reactors located
in countries of any income at locations other than the port of entry
into the United States.
---------------------------------------------------------------------------
\1\ The Record of Decision was previously revised three times:
July 25, 1996 (61 FR 38720); July 19, 2000 (65 FR 44767); and
December 1, 2004 (69 FR 69901).
FOR FURTHER INFORMATION CONTACT: For further information on DOE's
Foreign Research Reactor Spent Nuclear Fuel Acceptance Program or this
Revised Record of Decision, contact: Mr. Andrew Bieniawski, Assistant
Deputy Administrator for Defense Nonproliferation, Office of Global
Threat Reduction (NA-21), U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585, Attn: 955 L'Enfant, 202-586-9215.
For information on DOE's National Environmental Policy Act (NEPA)
process, contact: Ms. Carol M. Borgstrom, Director, Office of NEPA
Policy and Compliance (GC-20), U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-4600, or
leave a message at (800) 472-2756.
SUPPLEMENTARY INFORMATION:
Background
DOE, with the Department of State as a cooperating agency, issued
the Environmental Impact Statement on a Proposed Nuclear Weapons
Nonproliferation Policy Concerning Foreign Research Reactor Spent
Nuclear Fuel (FRR SNF EIS, DOE/EIS-218) in February 1996. The Record of
Decision was issued on May 13, 1996, and was published in the Federal
Register on May 17, 1996 (61 FR 25092). In the FRR SNF EIS, DOE and the
Department of State considered the potential impacts of a proposed
policy to manage U.S.-origin spent nuclear fuel and target material
from foreign research reactors. After consideration of public comments
submitted on the Draft and Final EIS, DOE, in consultation with the
Department of State, decided to implement the proposed policy as
identified in the Preferred Alternative contained in the Final EIS,
subject to additional stipulations specified in Section VII of the
Record of Decision. The Record of Decision stated, ``DOE would take
title to the foreign research reactor spent nuclear fuel and target
material that is shipped by sea after it is unloaded from the ship at
the port of entry * * * '' In its initial decision, DOE announced that
eligible spent fuel that is irradiated and discharged from reactors
before May 13, 2006, is eligible for acceptance through May 12, 2009.
DOE later extended the program for an additional 10 years, until May
12, 2016, for irradiation of eligible fuel, and until May 12, 2019, for
fuel acceptance (69 FR 69901; December 1, 2004).
DOE subsequently determined that the need may arise during
implementation of the policy for the United States to take title to
spent nuclear fuel and target material from foreign research reactors
located in countries with other-than-high-income economies at locations
other than the port of entry into the United States. Foreign
governments had raised a concern in cases where transportation casks
from multiple countries were on a single vessel regarding who would be
liable for any potential damage when spent fuel from one country is in
the territory of another during the shipment. DOE was informed that
shipowners willing to transport spent nuclear fuel from these countries
without coverage under the Price-Anderson Act had not been identified.
After determining that the point at which title to the spent nuclear
fuel and target material transfers from the reactor operator to the
United States had no effect on the physical processes that would take
place under the acceptance policy, and thus would not have any effect
on the potential impacts to the environment, workers, or the public,
DOE issued its Revision to the Record of Decision (61 FR 38720; July
25, 1996) to allow DOE to take title to spent nuclear fuel and target
material from foreign research reactors located in countries with
other-than-high-income economies, as defined in the Final EIS, at
locations other than the port of entry into the United States. This
revised policy did not extend to reactors in countries with high-income
economies, since reactor operators in these countries, at that time,
were able to provide sufficient liability insurance for transporting
their own spent nuclear fuel to the United States.
Reason for the Revision
Recently, the need has arisen during implementation of the policy
for the United States also to take title to spent nuclear fuel and
target material from foreign research reactors located in countries
with high-income economies at locations other than the port of entry
into the United States.
Nuclear insurance pools covering individual reactor operators in
countries with high-income economies have begun to require additional
coverage. This rise in premiums affects, in particular, some smaller
foreign research reactors in high-income economy countries that are in
many cases operated by educational and research institutions that do
not have the funding to pay for additional coverage, estimated to cost
approximately $50,000 per shipping participant. Since some smaller
foreign research reactors would have significant difficulties obtaining
additional funding, they could decide not to participate at all in
future shipments. One reactor in a high-income economy country recently
refused to participate in a shipment without reimbursement of
additional insurance costs.
DOE anticipates that liability insurance costs will continue to
increase in the coming years for reactors in countries of all incomes.
If research reactors in high-income economy countries are increasingly
unable to participate in shipments due to lack of liability insurance,
the program's nonproliferation goal of repatriating U.S.-origin highly
enriched uranium would be jeopardized.
DOE's experience since 1996 in taking title to material from
reactors in other-than-high-income economy countries has confirmed that
the point at which title to the spent nuclear fuel and target material
transfers from the reactor operator to the United States has no effect
on the physical processes that take place under the acceptance policy.
There are, for example, no changes in the applicable requirements or
handling practices that ensure worker and public safety and
environmental protection. Thus, the location of title change does not
have any effect on the potential impacts to the environment.
Therefore, in place of the current policy that allows DOE to take
title to spent nuclear fuel or target material at a location other than
the U.S. port of entry only from foreign research reactors in other-
than-high-income-economy countries, DOE is herein revising the Record
of Decision to allow the title transfer location for spent nuclear fuel
or target material from reactors located in countries of any income to
be determined on a case-by-case basis by DOE, and the terms and
conditions of the title transfer to be specified in DOE's individual
contracts with the reactor operators. As with the policy in the prior
Revised Record of Decision (61 FR 38720; July 25, 1996), title could
[[Page 50006]]
transfer as early as the departure of the loaded cask from the reactor
site or at the foreign port-of-origin, or as late as entry into the
United States.
Decision
For the reasons set forth above, Section VII (``Decision'') of the
Record of Decision (61 FR 25092; May 17, 1996) as previously revised
(61 FR 38720; July 25, 1996) is further revised by replacing the
current Paragraph E with a new Paragraph E to read as follows:
E. The United States may take title to the spent nuclear fuel
and target material of research reactors from countries of any
income at a location other than the port of entry into the United
States. On a case-by-case basis, the United States will determine
whether it is in its best interests, with regard to the execution of
this policy, to take title to certain spent nuclear fuel and target
material before it reaches the port of entry into the United States.
The title transfer location will be specified in the contract with
the affected reactor operator. In implementing this policy, the
Administrator for the National Nuclear Security Administration must
make, on a case-by-case basis, any decision to accept title to
foreign research reactor spent nuclear fuel outside the United
States. The authority to make this decision cannot be delegated.
In addition, Section IX (``Basis for the Decision''), Paragraph G
(``Title Transfer Location'') of the Record of Decision is revised to
read as follows:
G. Title Transfer Location--The alternative points at which DOE
might take title to the spent nuclear fuel and target material are
discussed in Sections 2.2.1.4 and 2.2.2.4 of the Final EIS. The
point at which title will be transferred has no effect on the
physical processes that would take place, and thus will not have any
effect on the impacts on the environment, workers, or the public.
However, the point of title transfer does affect financial
responsibility for risks associated with the shipments.
Under United States law, the Price-Anderson Act would provide
indemnification coverage for spent nuclear fuel and target material
shipments from foreign research reactors upon entry of material into
the United States regardless of when title is transferred to the United
States. However, Price-Anderson coverage outside U.S. territory is
provided only if the material is owned by, and used by, or under
contract with the United States. For countries with other-than-high-
income economies, DOE has provided Price-Anderson Act coverage on a
case-by-case basis per the Revised Record of Decision issued in 1996
(61 FR 38720; July 25, 1996). Recently, reactor operators in countries
with high-income economies have been unable to afford nuclear liability
insurance due to increasing costs.
The approach for transfer of title discussed in Section VII.E.
permits DOE to take title to spent fuel at locations other than the
U.S. port of entry, regardless of the income status of the country
repatriating the spent fuel or target material to the United States.
This policy revision allows DOE, on a case-by-case basis, to extend
Price-Anderson Act coverage and assume financial responsibility for
shipments from the point at which DOE takes title. This removes the
need for reactors for whom sufficient liability insurance is
unaffordable to purchase such insurance for shipment to the U.S. port
of entry. This provision will provide a mechanism whereby liability
coverage can be provided for segments of the transportation process
that the reactor operators are unable themselves to provide. In
implementing this policy, the Administrator for the National Nuclear
Security Administration must make, on a case-by-case basis, any
decision to accept title to foreign research reactor spent nuclear fuel
outside the United States. The authority to make this decision cannot
be delegated.
The revision of the Record of Decision set forth in this Notice
complies with the requirements of the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR
Parts 1500-1508 and 10 CFR Part 1021. Because there are no
environmental impacts associated with changing the title transfer
location, no further environmental review is required under the
National Environmental Policy Act or Executive Order 12114 (January 4,
1979) in order to effectuate the revision.
Issued in Washington, DC, on August 13, 2008.
Thomas P. D'Agostino,
Under Secretary for Nuclear Security and Administrator, National
Nuclear Security Administration.
[FR Doc. E8-19630 Filed 8-22-08; 8:45 am]
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