Department of Energy October 2008 – Federal Register Recent Federal Regulation Documents
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Office of Civilian Radioactive Waste Management: Safe Routine Transportation and Emergency Response Training; Technical Assistance and Funding
The Department of Energy (DOE) is publishing this notice of revised proposed policy to set forth its revised plans for implementing Section 180(c) of the Nuclear Waste Policy Act of 1982 (NWPA), as amended. This notice updates the revised proposed policy that DOE published on July 23, 2007 (72 FR 40139) by providing the funding allocation approach for grants to federally recognized Tribes which may be eligible for assistance under Section 180(c) and also includes minor changes for clarification to the policy as it applies to both States and Tribes. Under Section 180(c) of the NWPA, DOE shall provide technical and financial assistance for training of local public safety officials to States and Tribes through whose jurisdictions the DOE plans to transport spent nuclear fuel or high-level radioactive waste to a facility authorized under Subtitle A or C of the NWPA (NWPA- authorized facility). The training is to cover both safe routine transportation and emergency response procedures. The purpose of this notice is to communicate information to stakeholders about Section 180(c) issues and request comments on this revised proposed policy and the questions specified herein. Written and electronic comments may be submitted to DOE on this document.
Ex Parte Contacts and Separation of Functions
This document contains a correction to the final regulations (Docket No. RM08-8-000) that were published in the Federal Register on October 22, 2008 (73 FR 62881). The final rule document revised the Federal Energy Regulatory Commission's regulations to clarify its rules governing ex parte contacts and separation of functions as they apply to proceedings arising out of investigations initiated under Part 1b of the Commission's regulations.
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. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Integrated System Rate Schedule Changes
Due to the omission of the P-06A Rate Schedule from the Notice of Proposed Changes to Southwestern Power Administration Rate Schedules and Opportunity for Public Review and Comment published on October 20, 2008 (73 FR 62269), this notice is a resubmission to include both the P-06A and the NFTS-06A Rate Schedule proposals for review and comment. The Administrator, Southwestern Power Administration (Southwestern), has determined that revisions to the Real Power Losses provisions within existing rate schedules P-06 and NFTS-06 are required. Since the proposed rate schedule revisions are limited only to Real Power Losses, the net result of the 2006 Integrated System Power Repayment Studies, which was the basis for the existing rate schedules, will not be altered. Southwestern held several meetings during FY 2008 with customers to discuss the proposed rate schedule revisions and provide opportunity for input in the development of the final rate schedules. As a result of these informal meetings, it was determined that the revised rate schedule provisions can provide cost-savings and operational benefits to Southwestern's transmission customers and are consistent with Federal Energy Regulatory Commission (FERC) Order No. 888.
Electronic Tariff Filings
The Federal Energy Regulatory Commission published a document in the Federal Register on October 3, 2008 (73 FR 57515), revising Commission rules. That document inadvertently included two non- substantive errors in the instructions for the amendatory language. This document corrects those instructions.
Wholesale Competition in Regions With Organized Electric Markets
In this Final Rule, the Federal Energy Regulatory Commission (Commission) is amending its regulations under the Federal Power Act to improve the operation of organized wholesale electric markets in the areas of: Demand response and market pricing during periods of operating reserve shortage; long-term power contracting; market- monitoring policies; and the responsiveness of regional transmission organizations (RTOs) and independent system operators (ISOs) to their customers and other stakeholders, and ultimately to the consumers who benefit from and pay for electricity services. Each RTO and ISO will be required to make certain filings that propose amendments to its tariff to comply with the requirements in each area, or that demonstrate that its existing tariff and market design already satisfy the requirements.
Environmental Management Site-Specific Advisory Board, Savannah River Site
This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Savannah River Site. 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.
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. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.
Mandatory Reliability Standard for Nuclear Plant Interface Coordination
Pursuant to section 215 of the Federal Power Act (FPA), the Commission approves the Nuclear Plant Interface Coordination Reliability Standard developed by the North American Electric Reliability Corporation (NERC). In addition, pursuant to section 215(d)(5) of the FPA, the Commission directs NERC to develop a modification to the Reliability Standard to address a specific concern. The Reliability Standard requires a nuclear plant generator operator and its suppliers of back-up power and related transmission and/or distribution services to coordinate concerning nuclear licensing requirements for safe nuclear plant operation and shutdown and system operating limits. The Commission also approves four related definitions for addition to the NERC Glossary of Terms, and directs various changes to proposed violation risk factors, which measure the potential impact of violations of the Reliability Standard on the reliability of the Bulk-Power System.
Standards of Conduct for Transmission Providers
The Federal Energy Regulatory Commission is amending its regulations adopted on an interim basis in Order No. 690, in order to make them clearer and to refocus the rules on the areas where there is the greatest potential for abuse. The Final Rule is designed to foster compliance, facilitate Commission enforcement, and conform the Standards of Conduct to the decision of the U.S. Court of Appeals for the DC Circuit in National Fuel Gas Supply Corporation v. FERC, 468 F. 3d 831 (DC Cir. 2006). Specifically, the Final Rule eliminates the concept of energy affiliates and eliminates the corporate separation approach in favor of the employee functional approach used in Order Nos. 497 and 889.
Notice of Availability of Final Complex Transformation Supplemental Programmatic Environmental Impact Statement
The National Nuclear Security Administration (NNSA), a separately-organized agency within the U.S. Department of Energy (DOE), announces the availability of the Complex Transformation Supplemental Programmatic Environmental Impact Statement (Complex Transformation SPEIS, DOE/EIS-0236-S4). The Complex Transformation SPEIS analyzes the potential environmental impacts of reasonable alternatives to continue transformation of the nuclear weapons complex to be smaller, and more responsive, efficient, and secure in order to meet national security requirements. It is a supplement to the Stockpile Stewardship and Management Programmatic Environmental Impact Statement (SSM PEIS, DOE/ EIS-0236). NNSA prepared the SPEIS in accordance with the National Environmental Policy Act (NEPA), the Council on Environmental Quality (CEQ) regulations that implement the procedural provisions of NEPA (40 CFR Parts 1500-1508), and DOE procedures implementing NEPA (10 CFR Part 1021).
Supplement to the Environmental Impact Statements for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, NV
The U.S. Department of Energy (DOE or the Department) is announcing its intent to prepare a Supplement to the ``Final Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada'' (DOE/EIS-0250F, February 2002) (Yucca Mountain Final EIS), and the ``Final Supplemental Environmental Impact Statement for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada'' (DOE/EIS-0250F-S1, July 2008) (Repository SEIS). The U.S. Nuclear Regulatory Commission (NRC) staff determined, pursuant to Section 114(f)(4) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), that it is practicable to adopt, with further supplementation, DOE's environmental impact statements prepared in connection with the proposed repository at Yucca Mountain, Nye County, Nevada. The NRC staff concluded that the Yucca Mountain Final EIS and Repository SEIS did not address adequately all of the repository-related impacts on groundwater, or from surface discharges of groundwater, and therefore requested that DOE prepare a supplement to these environmental impact statements. Based on a review of the NRC staff evaluation, the Department has decided to prepare the requested supplement.
Alternative Dispute Resolution
On October 24, 1995, the Department of Energy (DOE) published an interim Statement of Policy on Alternative Dispute Resolution (ADR) (60 FR 54482) to further its commitment to the use of ADR for resolving issues in controversy in a fair, timely, and cost efficient manner, and to comply with the Administrative Dispute Resolution Act (ADRA), 5 U.S.C. 571 et seq. Today, DOE issues a revised Statement of Policy on Alternative Dispute Resolution to reaffirm its commitment to the use of ADR, including the use of Environmental Conflict Resolution (ECR) and other collaborative processes that may be utilized to prevent or avoid potential conflicts.
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