Department of Energy; Notice of Acceptance for Docketing of a License Application for Authority To Construct a Geologic Repository at a Geologic Repository Operations Area at Yucca Mountain, NV, 53284-53285 [E8-21431]

Download as PDF 53284 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices Program: This meeting will review applications for School Collaboration Projects in Picturing America, submitted to the Division of Education Programs, at the October 1, 2008 deadline. 15. Date: October 31, 2008. Time: 9 a.m. to 5 p.m. Room: 421. Program: This meeting, which will be by teleconference, will review applications for America’s Media Makers Grants Program in Radio, submitted to the Division of Public Programs, at the August 27, 2008 deadline. Michael P. McDonald, Advisory Committee Management Officer. [FR Doc. E8–21446 Filed 9–12–08; 8:45 am] BILLING CODE 7536–01–P NATIONAL SCIENCE FOUNDATION National Science Board; Sunshine Act Meetings; Notice The National Science Board, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n–5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of meetings for the transaction of National Science Board business and other matters specified, as follows: AGENCY HOLDING MEETING: NUCLEAR REGULATORY COMMISSION Open Session: 8:10 a.m.–11:15 a.m. [Docket No. 63–001] • Approval of August 2008 CPP Minutes. • Committee Chairman’s Remarks. • Task Force on Sustainable Energy (SE). Æ SE Task Force Co-Chairmen’s Remarks. Æ Discussion and Summary of September 4, 2008 Roundtable Discussion. Æ Discussion of Possible Recommendations for Inclusion in a Draft Report. Æ Discussion of Upcoming Task Force Activities. • NSB Information Item: National Nanotechnology Infrastructure Network (NNIN). • Review of NSF Major Research Facilities and the Major Research Equipment and Facilities Construction (MREFC) Process. • Major Research Facilities and Facility Plan: Horizon Projects; Maintenance and Operations Planning for Large Facilities; and Policy Issues. • Review of MREFC Process • Discussion Department of Energy; Notice of Acceptance for Docketing of a License Application for Authority To Construct a Geologic Repository at a Geologic Repository Operations Area at Yucca Mountain, NV Plenary Open National Science Board. DATE AND TIME: Committee on Programs and Plans (CPP) Open Session: 11:15 a.m.–12 p.m. Monday, September 22, 2008, at 8 a.m. University of Alaska Fairbanks, Elvey Building, Globe Room, Fairbanks, AK 99775. PLACE: Some portions open, some portions closed. STATUS: • Approval of August 2008 Minutes. • Resolution to Close December 2008 Meeting. • Chairman’s Report. • Director’s Report. • Open Committee Report. Open Sessions Committee on Programs and Plans (CPP) September 22, 2008 Closed Session: 1:30 p.m.–2:15 p.m. 8 a.m.–8:10 a.m. 8:10 a.m.–11:15 a.m. 11:15 a.m.–12 p.m. • Chairman’s Remarks. • NSB Information Item: National Astronomy and Ionosphere Center (NAIC). • NSB Action Item: Management and Operations of the National Optical Astronomy Observatory and the National Solar Observatory. Closed Sessions September 22, 2008 1:30 p.m.–2:15 p.m. 2:15 p.m.–2:30 p.m. AGENCY CONTACT: Dr. Robert E. Webber, rwebber@nsf.gov, (703) 292–7000, https://www.nsf.gov/nsb/. mstockstill on PROD1PC66 with NOTICES MATTERS TO BE DISCUSSED: Monday, September 22, 2008 Open Session: 8 a.m.–8:10 a.m. Chairman’s Introduction and University of Alaska Fairbanks Welcome. VerDate Aug<31>2005 20:22 Sep 12, 2008 Jkt 214001 Plenary Closed Closed Session: 2:15 p.m.–2:30 p.m. • Approval of August 2008 Minutes. • Awards and Agreements. • Closed Committee Reports. Ann Ferrante, Technical Writer/Editor. [FR Doc. E8–21400 Filed 9–12–08; 8:45 am] BILLING CODE 7555–01–P PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 By letter dated June 3, 2008, the Department of Energy (DOE, or the Applicant) submitted a license application (Application) seeking authorization to construct a geologic repository at a geologic repository operations area at Yucca Mountain in Nye County, Nevada. The Application was submitted to the Nuclear Regulatory Commission (NRC), pursuant to Section 114 of the Nuclear Waste Policy Act, as amended (NWPA), Title 10 of the Code of Federal Regulations (10 CFR) Part 63, and 10 CFR 2.101. NRC published a notice of receipt and availability of this application in the Federal Register (73 FR 34348, corrected in 73 FR 40883) on June 17, 2008. The NRC staff has determined that DOE has submitted information in accord with 10 CFR Part 2, ‘‘Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,’’ and 10 CFR Part 63, ‘‘Disposal of HighLevel Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada,’’ that can be accepted for docketing and review. The docket number established for this license application is 63–001. The NRC staff will perform a detailed technical review of the license application to determine whether to authorize construction of a geologic repository. Docketing of the license application does not preclude the NRC from requesting additional information from the applicant as the review proceeds, nor does it predict whether the Commission will grant or deny a construction authorization. The Commission will conduct a hearing in accord with 10 CFR Part 2, Subpart C, ‘‘Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,’’ Subpart J, ‘‘Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository,’’ and Subpart G, ‘‘Rules for Formal Adjudications.’’ If the Commission finds that the license application meets the applicable standards of the Atomic Energy Act of E:\FR\FM\15SEN1.SGM 15SEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 1954, as amended, the NWPA, and the Commission’s regulations, then the Commission will issue a construction authorization, in the form and containing such conditions and limitations, if any, as the Commission finds appropriate and necessary. The Commission finds that a hearing is required in the public interest, prior to issuance of a construction authorization. A notice of hearing announcing the opportunity to petition for leave to intervene in the hearing will be published in the Federal Register at a later date. The notice of hearing will state, pursuant to 10 CFR 2.104(b): (1) The nature of the hearing; (2) the authority under which the hearing is to be held; (3) the matters of fact and law to be considered; (4) the date by which requests for hearing or petitions to intervene must be filed; and (5) the presiding officer designated for the hearing or the procedure that the Commission will use to designate a presiding officer for the hearing. Pursuant to its obligations under § 114(f)(4) of the NWPA, and 10 CFR 51.26(c), it is the intention of the Commission to adopt the environmental impact statement (EIS) prepared by the Secretary of Energy to the extent practicable. In accord with 10 CFR 51.109(a), the NRC staff’s position is that it is practicable to adopt, with further supplementation, the EIS and supplements prepared by DOE. The staff concludes that neither the 2002 Final Environmental Impact Statement (FEIS) nor the 2008 Final Supplemental Environmental Impact Statement (Repository Supplemental EIS) adequately address all of the impacts on groundwater, or from surface discharges of groundwater, from the proposed action. The staff concludes that additional supplementation is needed to ensure the 2002 FEIS and 2008 Repository Supplemental EIS are adequate. The basis for the staff’s position is presented in the ‘‘U.S. Nuclear Regulatory Commission Staff’s Adoption Determination Report for the U.S. Department of Energy’s Environmental Impact Statements for the Proposed Geologic Repository at Yucca Mountain,’’ which is available in the Agencywide Documents Access and Management System (ADAMS), accession number ML082420342. [The ADAMS accession number for the ADAMS package containing DOE’s Final Environmental Impact Statement is ML032690321, and the accession number for the ADAMS package containing DOE’s Final Supplemental Environmental Impact Statement is ML081750191. The ADAMS accession VerDate Aug<31>2005 20:22 Sep 12, 2008 Jkt 214001 number for the ADAMS package containing DOE’s Final Rail Corridor Supplemental EIS and Rail Alignment EIS is ML082460227.] Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852, and will be accessible electronically through the ADAMS Public Electronic Reading Room link at the NRC Web site https:// www.nrc.gov/reading-rm/adams.html. The application is also available at https://www.nrc.gov/waste/hlw-disposal/ yucca-lic-app.html. Persons who do not have access to ADAMS or who encounter problems in accessing documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, or 301– 415–4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, MD, this 8th day of September 2008. For The Nuclear Regulatory Commission. Michael F. Weber, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E8–21431 Filed 9–12–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–333] Entergy Nuclear Fitzpatrick, LLC, and Entergy Nuclear Operations, Inc.; The James A. Fitzpatrick Nuclear Power Plant; Notice of Issuance of Renewed Facility Operating License No. DPR–59 for an Additional 20-Year Period Record of Decision Notice is hereby given that the U.S. Nuclear Regulatory Commission (the Commission) has issued Renewed Facility Operating License No. DPR–59 to the Entergy Nuclear FitzPatrick, LLC and Entergy Nuclear Operations, Inc. (the licensee), the operator of the James A. FitzPatrick Nuclear Power Plant (JAFNPP). Renewed Facility Operating License No. DPR–59 authorizes operation of JAFNPP, by the licensee at reactor core power levels not in excess of 2536 megawatts thermal (881 megawatts electric), in accordance with the provisions of the JAFNPP renewed license and its Technical Specifications. This notice also serves as the record of decision for the renewal of Facility Operating License No. DPR–59 for JAFNPP, consistent with Title 10 of the Code of Federal Regulations Section 51.103 (10 CFR 51.103). As discussed in the Final Supplemental Environmental PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 53285 Impact Statement (FSEIS) for JAFNPP, dated January 2008, the Commission considered a range of reasonable alternatives that included generation from coal, natural gas, oil, wind, solar, hydropower, geothermal, wood waste, municipal solid waste, other biomassderived fuels, delayed retirement, utility-sponsored conservation, a combination of alternatives, and a noaction alternative. The factors considered in the record of decision can be found in the supplemental environmental impact statement (SEIS) for License Renewal, Supplement 31 regarding James A. FitzPatrick Nuclear Power Plant. JAFNPP is a boiling water reactor located along the shore of Lake Ontario, Oswego County, New York. The site is approximately seven miles northnortheast of the city of Oswego. The application for the renewed licenses complied with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations. As required by the Act and the Commission’s regulations in 10 CFR Chapter I, the Commission has made appropriate findings, which are set forth in the license. Prior public notice of the action involving the proposed issuance of the renewed license and of an opportunity for a hearing regarding the proposed issuance of the renewed license was published in the Federal Register on September 20, 2006 (71 FR 55032). For further details with respect to this action, see (1) The Entergy Nuclear FitzPatrick, LLC and Entergy Nuclear Operations, Inc., license renewal application for James A. FitzPatrick Nuclear Power Plant dated July 31, 2006, as supplemented by letters dated through November 5, 2007; (2) the Commission’s safety evaluation report (NUREG–1905), published in April 2008; (3) the licensee’s updated safety analysis report; and (4) the Commission’s final environmental impact statement (NUREG–1437, Supplement 31), published in January 2008. These documents are available at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, and can be viewed from the NRC Public Electronic Reading Room at https:// www.nrc.gov/reading-rm/adams.html. Copies of Renewed Facility Operating License No. DPR–59 may be obtained by writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Director, Division of License Renewal. Copies of the James A. FitzPatrick Nuclear Power Plant, Safety Evaluation Report (NUREG–1905) and E:\FR\FM\15SEN1.SGM 15SEN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Notices]
[Pages 53284-53285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21431]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 63-001]


Department of Energy; Notice of Acceptance for Docketing of a 
License Application for Authority To Construct a Geologic Repository at 
a Geologic Repository Operations Area at Yucca Mountain, NV

    By letter dated June 3, 2008, the Department of Energy (DOE, or the 
Applicant) submitted a license application (Application) seeking 
authorization to construct a geologic repository at a geologic 
repository operations area at Yucca Mountain in Nye County, Nevada. The 
Application was submitted to the Nuclear Regulatory Commission (NRC), 
pursuant to Section 114 of the Nuclear Waste Policy Act, as amended 
(NWPA), Title 10 of the Code of Federal Regulations (10 CFR) Part 63, 
and 10 CFR 2.101. NRC published a notice of receipt and availability of 
this application in the Federal Register (73 FR 34348, corrected in 73 
FR 40883) on June 17, 2008.
    The NRC staff has determined that DOE has submitted information in 
accord with 10 CFR Part 2, ``Rules of Practice for Domestic Licensing 
Proceedings and Issuance of Orders,'' and 10 CFR Part 63, ``Disposal of 
High-Level Radioactive Wastes in a Geologic Repository at Yucca 
Mountain, Nevada,'' that can be accepted for docketing and review. The 
docket number established for this license application is 63-001.
    The NRC staff will perform a detailed technical review of the 
license application to determine whether to authorize construction of a 
geologic repository. Docketing of the license application does not 
preclude the NRC from requesting additional information from the 
applicant as the review proceeds, nor does it predict whether the 
Commission will grant or deny a construction authorization. The 
Commission will conduct a hearing in accord with 10 CFR Part 2, Subpart 
C, ``Rules of General Applicability: Hearing Requests, Petitions to 
Intervene, Availability of Documents, Selection of Specific Hearing 
Procedures, Presiding Officer Powers, and General Hearing Management 
for NRC Adjudicatory Hearings,'' Subpart J, ``Procedures Applicable to 
Proceedings for the Issuance of Licenses for the Receipt of High-Level 
Radioactive Waste at a Geologic Repository,'' and Subpart G, ``Rules 
for Formal Adjudications.'' If the Commission finds that the license 
application meets the applicable standards of the Atomic Energy Act of

[[Page 53285]]

1954, as amended, the NWPA, and the Commission's regulations, then the 
Commission will issue a construction authorization, in the form and 
containing such conditions and limitations, if any, as the Commission 
finds appropriate and necessary.
    The Commission finds that a hearing is required in the public 
interest, prior to issuance of a construction authorization. A notice 
of hearing announcing the opportunity to petition for leave to 
intervene in the hearing will be published in the Federal Register at a 
later date. The notice of hearing will state, pursuant to 10 CFR 
2.104(b): (1) The nature of the hearing; (2) the authority under which 
the hearing is to be held; (3) the matters of fact and law to be 
considered; (4) the date by which requests for hearing or petitions to 
intervene must be filed; and (5) the presiding officer designated for 
the hearing or the procedure that the Commission will use to designate 
a presiding officer for the hearing.
    Pursuant to its obligations under Sec.  114(f)(4) of the NWPA, and 
10 CFR 51.26(c), it is the intention of the Commission to adopt the 
environmental impact statement (EIS) prepared by the Secretary of 
Energy to the extent practicable.
    In accord with 10 CFR 51.109(a), the NRC staff's position is that 
it is practicable to adopt, with further supplementation, the EIS and 
supplements prepared by DOE. The staff concludes that neither the 2002 
Final Environmental Impact Statement (FEIS) nor the 2008 Final 
Supplemental Environmental Impact Statement (Repository Supplemental 
EIS) adequately address all of the impacts on groundwater, or from 
surface discharges of groundwater, from the proposed action. The staff 
concludes that additional supplementation is needed to ensure the 2002 
FEIS and 2008 Repository Supplemental EIS are adequate. The basis for 
the staff's position is presented in the ``U.S. Nuclear Regulatory 
Commission Staff's Adoption Determination Report for the U.S. 
Department of Energy's Environmental Impact Statements for the Proposed 
Geologic Repository at Yucca Mountain,'' which is available in the 
Agencywide Documents Access and Management System (ADAMS), accession 
number ML082420342. [The ADAMS accession number for the ADAMS package 
containing DOE's Final Environmental Impact Statement is ML032690321, 
and the accession number for the ADAMS package containing DOE's Final 
Supplemental Environmental Impact Statement is ML081750191. The ADAMS 
accession number for the ADAMS package containing DOE's Final Rail 
Corridor Supplemental EIS and Rail Alignment EIS is ML082460227.]
    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room (PDR), located at One White Flint North, Public 
File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland 20852, and will be accessible electronically through the ADAMS 
Public Electronic Reading Room link at the NRC Web site https://
www.nrc.gov/reading-rm/adams.html. The application is also available at 
https://www.nrc.gov/waste/hlw-disposal/yucca-lic-app.html. Persons who 
do not have access to ADAMS or who encounter problems in accessing 
documents located in ADAMS should contact the NRC PDR Reference staff 
by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail to 
pdr@nrc.gov.

    Dated at Rockville, MD, this 8th day of September 2008.

    For The Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E8-21431 Filed 9-12-08; 8:45 am]
BILLING CODE 7590-01-P

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