Department of Energy February 29, 2008 – Federal Register Recent Federal Regulation Documents
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Amended Record of Decision for the Remediation of the Moab Uranium Mill Tailings, Grand and San Juan Counties, UT
The U.S. Department of Energy (DOE) is amending its decision regarding the transportation method that DOE will use to relocate uranium mill tailings and other contaminated materials (residual radioactive material) at the Moab milling site and vicinity properties in Utah. In its Record of Decision for the Remediation of the Moab Uranium Mill Tailings, Grand and San Juan Counties, Utah (70 FR 55358; September 21, 2005), DOE had decided to relocate the residual radioactive material using predominately rail, with truck transport for some oversized materials. Under this amended Record of Decision (ROD), DOE will use either truck and/or rail for all materials. This ROD amendment is essential to give DOE flexibility needed to expedite completion of the Moab, Utah, Uranium Mill Tailings Remedial Action (UMTRA) Project. Expediting completion is in accordance with Congressional direction (Section 3402 of the National Defense Authorization Act for 2008 (Pub. L. 110-181)). This ROD amendment meets the strong stakeholder desire to relocate the residual radioactive material as soon as practicable by accelerating the date of the first shipment because truck shipments could start sooner since the logistics of initiating the rail alternative would require time to safely implement (i.e. building the hillside loadout infrastructure). In addition long-term risks would be reduced through earlier completion, and reducing total project costs would be reduced through greater flexibility and competition between rail and truck transporters. DOE analyzed several transportation methods in its Remediation of the Moab Uranium Mill Tailings, Grand and San Juan Counties, Utah, Final Environmental Impact Statement (DOE/EIS-0355)(Final EIS), issued in August 2005. An all truck option was among the reasonable alternative methods analyzed in the Final EIS for transporting the residual radioactive material. This ROD amendment allows an increase in the quantity to be shipped by truck. All other aspects of DOE's original decision remain unchanged, including that DOE will relocate the residual radioactive material at the Moab site and vicinity properties to a new disposal site 30 miles north at Crescent Junction, Utah, and will conduct active remediation of contaminated groundwater at the Moab site. This ROD amendment has been prepared in accordance with the regulations of the Council on Environmental Quality (Title 40 Code of Federal Regulations [CFR] parts 1500-1508) for implementing the National Environmental Policy Act (NEPA) and DOE's NEPA Implementing Procedures (10 CFR part 1021). Based on information previously provided in the Final EIS, DOE has determined that no further review under NEPA is required.
Nuclear Energy Advisory Committee
This notice announces a meeting of the Nuclear Energy Advisory Committee (NEAC) Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.
Environmental Management Site-Specific Advisory Board, Paducah
This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Notice of Cancellation of Environmental Impact Statement for Implementation of the Low-Emission Boiler System (LEBS) Proof-of-Concept System, Elkhart, IL
The Department of Energy (DOE) is cancelling the preparation of an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA) for a proposal by Babcock Borsig Power to design, construct, and operate an advanced pulverized coal-fired power facility using a low emission boiler system (LEBS) at Elkhart, Illinois. The proposed project would have been developed and operated by Cornbelt Energy and would have been built on land adjacent to an existing underground coal mine owned and operated by Turris Coal Company on a site in central Illinois. DOE's proposed action was to provide cost-shared funding of approximately $33.5 million (about 23.5% of the total expected project cost of approximately $142.5 million). DOE announced its intent to prepare an EIS in the Federal Register on December 19, 1996 (61 FR 67003). DOE issued a Draft EIS (DEIS) for public comment on March 5, 2004 (69 FR 10442). Subsequently, the industrial participant communicated to DOE that it was unable to secure the funds needed to complete the proposed project. Accordingly, DOE has determined to not pursue the proposed action, and is terminating the NEPA review process for the proposed project.
Environmental Management Site-Specific Advisory Board, Northern New Mexico
This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Cross-Subsidization Restrictions on Affiliate Transactions
In this Final Rule, pursuant to sections 205 and 206 of the Federal Power Act, the Federal Energy Regulatory Commission (Commission) is amending its regulations to codify restrictions on affiliate transactions between franchised public utilities that have captive customers or that own or provide transmission service over jurisdictional transmission facilities, and their market-regulated power sales affiliates or non-utility affiliates. These restrictions will supplement other restrictions the Commission has in place to protect captive customers of franchised public utilities or transmission customers of franchised public utilities that own or provide transmission service over jurisdictional transmission facilities from inappropriate cross-subsidization of affiliates.
Blanket Authorization Under FPA Section 203
The Federal Energy Regulatory Commission (Commission) is amending its regulations pursuant to section 203 of the Federal Power Act (FPA) to provide for additional blanket authorizations under FPA section 203(a)(1). These blanket authorizations will facilitate investment in the electric utility industry and, at the same time, ensure that public utility customers are adequately protected from any adverse effects of such transactions.
Defense Priorities and Allocations System
This notice of proposed rulemaking (NOPR) amends Department of Energy (DOE) regulations at 10 CFR part 216 which implement DOE's delegated authority under section 101(c) of the Defense Production Actof 1950 (DPA). Section 101(c) of the DPA provides authority to the President of the United States (President) to require the allocation of, or priority performance under contracts or orders relating to, materials and equipment, services, or facilities, in order to maximize domestic energy supplies, if the President makes certain findings. The President's authority under section 101(c) was delegated to the Secretary of Commerce and the Secretary of Energy. The rulemaking would make a number of changes to part 216 to reflect a 1991 amendment of the DPA which broadens the scope of authority in section 101(c). Because DOE does not expect to receive any significant adverse comments, this regulatory action is also being issued as a direct final rule in today's issue of the Federal Register.
Defense Priorities and Allocations System
The Department of Energy (DOE) today is issuing a direct final rule to update the DOE regulations which implement DOE's delegated authority under section 101(c) of the Defense Production Act of 1950 (DPA). Section 101(c) provides authority to the President of the United States (President) to require the allocation of, or priority performance under contracts or orders relating to, materials and equipment, services, or facilities, in order to maximize domestic energy supplies, if the President makes certain findings. The President's authority under section 101(c) was delegated to the Secretary of Commerce and the Secretary of Energy. This final rule makes a number of changes to conform to a 1991 amendment to the DPA which broadens the scope of authority in section 101(c). This final rule also makes conforming changes to Department of Energy Acquisition Regulation (DEAR).
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