Department of Energy, Idaho Operations Office, Idaho Spent Fuel Facility; Issuance of Environmental Assessment and Finding of No Significant Impact Regarding the Proposed Exemption From Certain Regulatory Requirements of 10 CFR Part 20, 27571-27572 [E9-13577]
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In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
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[FR Doc. E9–13560 Filed 6–9–09; 8:45 am]
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15:18 Jun 09, 2009
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license transfer and conforming
amendment.
NUCLEAR REGULATORY
COMMISSION
Dated: June 4, 2009.
Kathy Plowitz-Worden,
Panel Coordinator, Office of Guidelines and
Panel Operations.
[FR Doc. E9–13512 Filed 6–9–09; 8:45 am]
[ DOCKET NO. 72–25; NRC–2009–0076]
Department of Energy, Idaho
Operations Office, Idaho Spent Fuel
Facility; Issuance of Environmental
Assessment and Finding of No
Significant Impact Regarding the
Proposed Exemption From Certain
Regulatory Requirements of 10 CFR
Part 20
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of an Environmental
Assessment and Finding of No
Significant Impact.
FOR FURTHER INFORMATION CONTACT:
Shana Helton, Senior Project Manager,
Licensing Branch, Division of Spent
Fuel Storage and Transportation, Office
of Nuclear Material Safety and
Safeguards (NMSS), U.S. Nuclear
Regulatory Commission (NRC),
Rockville, MD 20852. Telephone: (301)
492–3284; fax number: (301) 492–3348;
e-mail: shana.helton@nrc.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to 10 CFR 20.2301, the U.S. Nuclear
Regulatory Commission (NRC) is
considering issuance of an exemption to
the United States Department of Energy,
Idaho Operations Office (DOE or
applicant), from the requirements of 10
CFR 20.1501(c). Section 20.1501(c)
requires that dosimeter processors hold
current personnel dosimetry
accreditation from the National
Voluntary Laboratory Accreditation
Program (NVLAP) of the National
Institute of Standards and Technology.
Exemption from this requirement of 10
CFR 20.1501(c) would allow DOE to use
the DOE Laboratory Accreditation
Program (DOELAP) process for
personnel dosimetry at Idaho Spent
Fuel (ISF) facility independent spent
fuel storage installation (ISFSI), located
at the Idaho National Engineering and
Environmental Laboratory in Butte
County, Idaho.
Pursuant to 10 CFR part 72, DOE
submitted an application, including a
Safety Analysis Report (SAR), by letter
dated May 30, 2008, as supplemented,
seeking NRC approval of the direct
transfer of Special Nuclear Materials
License No. 2512 (SNM–2512) for the
ISF facility, currently held by Foster
Wheeler Environmental Corporation
(FWENC). The applicant is also seeking
NRC approval of a conforming license
amendment, which would reflect the
proposed transfer. NRC staff is currently
performing a review of the requested
PO 00000
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27571
Environmental Assessment (EA)
Identification of Proposed Action: As
part of its request for a transfer of SNM–
2512, DOE, on June 9, 2008, requested
an exemption from the requirements of
10 CFR 20.1501(c)(1), which states in
part that ‘‘All personnel dosimeters
* * * that require processing * * *
must be processed and evaluated by a
dosimetry processor * * * (1) Holding
current personnel dosimetry
accreditation from the National
Voluntary Laboratory Accreditation
Program (NVLAP) of the National
Institute of Standards and Technology.’’
Specifically, the applicant proposes
allowing the DOELAP as an approved
alternative. The NRC’s authority to grant
an exemption to its 10 CFR Part 20
radiation protection requirements is set
forth in 10 CFR 20.2301.
Need for the Proposed Action: The
applicant will receive control of SNM–
2512 from FWENC, as described in its
application and SAR, subject to
approval of the pending license transfer
application. The applicant is
implementing programs and procedures
necessary to operate the as-yet-to-beconstructed ISFSI and seeks to have
those programs make efficient use of
resources. One of the programs
developed by DOE is the capability to
monitor personnel occupational
radioactive dose for routine and nonroutine activities at the ISF facility.
Personnel dosimetry requires processing
by a qualified processing facility. DOE’s
preferred processing organization,
which is accredited by DOELAP,
currently processes dosimetry for the
Fort St. Vrain ISFSI (docket no. 72–9)
and the Three Mile Island ISFSI (docket
no. 72–20), also under license to DOE.
According to DOE’s exemption request,
DOELAP is deemed equivalent to
NVLAP accreditation for the purpose of
demonstrating compliance with 10 CFR
20.1501(c). Use of the NVLAP process at
the ISF facility would place a burden
upon DOE without any attendant health
or safety benefit.
Environmental Impacts of the
Proposed Action: The staff has
examined both the NVLAP and
DOELAP processing and standards.
Both the NVLAP and DOELAP have
similar requirements in that they
incorporate similar test categories (type
of radiation and energy levels),
tolerance levels, bias, and performance
criteria. The NRC staff concludes that
the DOELAP process is an acceptable
alternative to the NVLAP process
required by 10 CFR 20.1501(c) for the
ISF facility.
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27572
Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices
NUREG–1773, ‘‘Environmental
Impact Statement for the Proposed
Idaho Spent Fuel Facility at the Idaho
National Engineering and
Environmental Laboratory in Butte
County, Idaho’’ (January 2004),
considered the potential environmental
impacts of licensing (including
construction, operation, and
decommissioning) this facility. The
proposed exemption, substituting the
DOELAP accreditation process for the
NVLAP accreditation process, would
not change the potential environmental
effects assessed in the Final
Environmental Impact Statement (FEIS)
described in NUREG–1773. Use of the
DOELAP accreditation process by DOE
at the ISF facility is an action that is
administrative and procedural in nature.
The NRC concludes that there are no
environmental impacts associated with
the approval of the proposed action.
Furthermore, in accordance with 10
CFR 20.2301, the NRC staff concludes
that the use of the DOELAP
accreditation process at the ISF facility
would not result in any undue hazard
to life or property.
Alternative to the Proposed Action:
Since there are no significant
environmental impacts associated with
the proposed action, any alternatives
with equal or greater environmental
impacts are not evaluated. The
alternative to the proposed action would
be to deny approval of the 10 CFR
20.1501(c) exemption and, therefore, not
allow use of the DOELAP. This
alternative would have no significant
environmental impact as well.
Agencies and Persons Consulted: The
staff discussed this exemption request
with Ms. Susan Burke, Idaho National
Laboratory (INL) Coordinator for the
State of Idaho, INL Oversight Program,
on May 19, 2009. The State official had
no comments regarding the
environmental impact of the proposed
action. NRC staff has determined that
the proposed action will not affect listed
species or critical habitat. Therefore, no
consultation is required under Section 7
of the Endangered Species Act.
Likewise, NRC staff has determined that
the proposed action is not the type of
activity that has potential to cause
effects on historic properties. Therefore,
no consultation is required under
Section 106 of the National Historic
Preservation Act.
Conclusion: The staff has reviewed
the exemption request submitted by
DOE. Allowing the use of DOELAP as an
alternative to NVLAP would have no
significant impact on the environment.
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15:18 Jun 09, 2009
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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 an
exemption from 10 CFR 20.1501(c) so
that DOE may use the DOELAP, rather
than the NVLAP, as required by existing
regulations, will not significantly
impact the quality of the human
environment. The NRC has determined
not to prepare an environmental impact
statement for the proposed exemption.
Accordingly, it has been determined
that a Finding of No Significant Impact
is appropriate.
For further details with respect to the
application, see the application dated
May 30, 2008, and the request for the
exemption dated June 9, 2008, available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records are
accessible electronically from the
Agencywide Documents Access and
Management Systems (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
The ADAMS Accession numbers for the
application and exemption request are
ML081630246 and ML081750395,
respectively. Persons who do not have
access to ADAMS or who encounter
problems in accessing the 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.resource@nrc.gov.
Dated at Rockville, Maryland this 2nd day
of June 2009.
For the Nuclear Regulatory Commission.
Shana Helton,
Senior Project Manager, Licensing Branch,
Division of Spent Fuel Storage and Transport,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E9–13577 Filed 6–9–09; 8:45 am]
[Docket Nos. 52–012–COL and 52–013–
COL; ASLBP No. 09–885–08–COL–BD01]
Atomic Safety and Licensing Board
Panel; In the Matter of South Texas
Project Nuclear Operating Company
(South Texas Project Units 3 and 4);
Notice and Order (Regarding Oral
Argument)
June 04, 2009.
Before the Licensing Board: Michael
M. Gibson, Chairman; Gary S. Arnold;
Randall J. Charbeneau.
Oral argument will be heard on
standing and contention admissibility
issues presented with regard to a
hearing request received in this
proceeding, which involves the
application of South Texas Project
Nuclear Operating Company for a
combined operating license of its
planned construction and operation of
two Advanced Boiling Water Reactors it
has designated as Units 3 and 4.
The participants are advised of the
following information regarding the
schedule for the initial prehearing
conference in this proceeding:
Date: Tuesday, June 23—Wednesday,
June 24, 2009.
Starting Time: 9 a.m. Central Time
(CT).
Location: Bay City Civic Center, Main
Hall Room 100, 201 7th St., Bay City,
TX 77414.
Currently, the Board anticipates that
this conference should last no more
than two days. The Board will issue a
separate order in the near future
providing more information on issues it
wishes the participants to address
during the conference as well as details
on a site visit.
It is so ordered.
Rockville, Maryland. June 04, 2009.
For the Atomic Safety and Licensing
Board.
Michael M. Gibson,
Chairman.
[FR Doc. E9–13574 Filed 6–9–09; 8:45 am]
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BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0142]
State of New Jersey: NRC Staff
Assessment of a Proposed Agreement
Between the Nuclear Regulatory
Commission and the State of New
Jersey
AGENCY: Nuclear Regulatory
Commission.
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Agencies
[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27571-27572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13577]
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NUCLEAR REGULATORY COMMISSION
[ DOCKET NO. 72-25; NRC-2009-0076]
Department of Energy, Idaho Operations Office, Idaho Spent Fuel
Facility; Issuance of Environmental Assessment and Finding of No
Significant Impact Regarding the Proposed Exemption From Certain
Regulatory Requirements of 10 CFR Part 20
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of an Environmental Assessment and Finding of No
Significant Impact.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Shana Helton, Senior Project Manager,
Licensing Branch, Division of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear
Regulatory Commission (NRC), Rockville, MD 20852. Telephone: (301) 492-
3284; fax number: (301) 492-3348; e-mail: shana.helton@nrc.gov.
SUPPLEMENTARY INFORMATION: Pursuant to 10 CFR 20.2301, the U.S. Nuclear
Regulatory Commission (NRC) is considering issuance of an exemption to
the United States Department of Energy, Idaho Operations Office (DOE or
applicant), from the requirements of 10 CFR 20.1501(c). Section
20.1501(c) requires that dosimeter processors hold current personnel
dosimetry accreditation from the National Voluntary Laboratory
Accreditation Program (NVLAP) of the National Institute of Standards
and Technology. Exemption from this requirement of 10 CFR 20.1501(c)
would allow DOE to use the DOE Laboratory Accreditation Program
(DOELAP) process for personnel dosimetry at Idaho Spent Fuel (ISF)
facility independent spent fuel storage installation (ISFSI), located
at the Idaho National Engineering and Environmental Laboratory in Butte
County, Idaho.
Pursuant to 10 CFR part 72, DOE submitted an application, including
a Safety Analysis Report (SAR), by letter dated May 30, 2008, as
supplemented, seeking NRC approval of the direct transfer of Special
Nuclear Materials License No. 2512 (SNM-2512) for the ISF facility,
currently held by Foster Wheeler Environmental Corporation (FWENC). The
applicant is also seeking NRC approval of a conforming license
amendment, which would reflect the proposed transfer. NRC staff is
currently performing a review of the requested license transfer and
conforming amendment.
Environmental Assessment (EA)
Identification of Proposed Action: As part of its request for a
transfer of SNM-2512, DOE, on June 9, 2008, requested an exemption from
the requirements of 10 CFR 20.1501(c)(1), which states in part that
``All personnel dosimeters * * * that require processing * * * must be
processed and evaluated by a dosimetry processor * * * (1) Holding
current personnel dosimetry accreditation from the National Voluntary
Laboratory Accreditation Program (NVLAP) of the National Institute of
Standards and Technology.'' Specifically, the applicant proposes
allowing the DOELAP as an approved alternative. The NRC's authority to
grant an exemption to its 10 CFR Part 20 radiation protection
requirements is set forth in 10 CFR 20.2301.
Need for the Proposed Action: The applicant will receive control of
SNM-2512 from FWENC, as described in its application and SAR, subject
to approval of the pending license transfer application. The applicant
is implementing programs and procedures necessary to operate the as-
yet-to-be-constructed ISFSI and seeks to have those programs make
efficient use of resources. One of the programs developed by DOE is the
capability to monitor personnel occupational radioactive dose for
routine and non-routine activities at the ISF facility. Personnel
dosimetry requires processing by a qualified processing facility. DOE's
preferred processing organization, which is accredited by DOELAP,
currently processes dosimetry for the Fort St. Vrain ISFSI (docket no.
72-9) and the Three Mile Island ISFSI (docket no. 72-20), also under
license to DOE. According to DOE's exemption request, DOELAP is deemed
equivalent to NVLAP accreditation for the purpose of demonstrating
compliance with 10 CFR 20.1501(c). Use of the NVLAP process at the ISF
facility would place a burden upon DOE without any attendant health or
safety benefit.
Environmental Impacts of the Proposed Action: The staff has
examined both the NVLAP and DOELAP processing and standards. Both the
NVLAP and DOELAP have similar requirements in that they incorporate
similar test categories (type of radiation and energy levels),
tolerance levels, bias, and performance criteria. The NRC staff
concludes that the DOELAP process is an acceptable alternative to the
NVLAP process required by 10 CFR 20.1501(c) for the ISF facility.
[[Page 27572]]
NUREG-1773, ``Environmental Impact Statement for the Proposed Idaho
Spent Fuel Facility at the Idaho National Engineering and Environmental
Laboratory in Butte County, Idaho'' (January 2004), considered the
potential environmental impacts of licensing (including construction,
operation, and decommissioning) this facility. The proposed exemption,
substituting the DOELAP accreditation process for the NVLAP
accreditation process, would not change the potential environmental
effects assessed in the Final Environmental Impact Statement (FEIS)
described in NUREG-1773. Use of the DOELAP accreditation process by DOE
at the ISF facility is an action that is administrative and procedural
in nature. The NRC concludes that there are no environmental impacts
associated with the approval of the proposed action. Furthermore, in
accordance with 10 CFR 20.2301, the NRC staff concludes that the use of
the DOELAP accreditation process at the ISF facility would not result
in any undue hazard to life or property.
Alternative to the Proposed Action: Since there are no significant
environmental impacts associated with the proposed action, any
alternatives with equal or greater environmental impacts are not
evaluated. The alternative to the proposed action would be to deny
approval of the 10 CFR 20.1501(c) exemption and, therefore, not allow
use of the DOELAP. This alternative would have no significant
environmental impact as well.
Agencies and Persons Consulted: The staff discussed this exemption
request with Ms. Susan Burke, Idaho National Laboratory (INL)
Coordinator for the State of Idaho, INL Oversight Program, on May 19,
2009. The State official had no comments regarding the environmental
impact of the proposed action. NRC staff has determined that the
proposed action will not affect listed species or critical habitat.
Therefore, no consultation is required under Section 7 of the
Endangered Species Act. Likewise, NRC staff has determined that the
proposed action is not the type of activity that has potential to cause
effects on historic properties. Therefore, no consultation is required
under Section 106 of the National Historic Preservation Act.
Conclusion: The staff has reviewed the exemption request submitted
by DOE. Allowing the use of DOELAP as an alternative to NVLAP 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 NRC finds that the proposed action of
granting an exemption from 10 CFR 20.1501(c) so that DOE may use the
DOELAP, rather than the NVLAP, as required by existing regulations,
will not significantly impact the quality of the human environment. The
NRC has determined not to prepare an environmental impact statement for
the proposed exemption. Accordingly, it has been determined that a
Finding of No Significant Impact is appropriate.
For further details with respect to the application, see the
application dated May 30, 2008, and the request for the exemption dated
June 9, 2008, available for public inspection at the Commission's
Public Document Room (PDR), located at One White Flint North, Public
File Area O1 F21, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records are accessible electronically from
the Agencywide Documents Access and Management Systems (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/adams.html. The ADAMS Accession numbers for the
application and exemption request are ML081630246 and ML081750395,
respectively. Persons who do not have access to ADAMS or who encounter
problems in accessing the 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.resource@nrc.gov.
Dated at Rockville, Maryland this 2nd day of June 2009.
For the Nuclear Regulatory Commission.
Shana Helton,
Senior Project Manager, Licensing Branch, Division of Spent Fuel
Storage and Transport, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E9-13577 Filed 6-9-09; 8:45 am]
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