[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58758-58760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5530]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-27]
Pacific Gas and Electric Company; Humboldt Bay Independent Spent
Fuel Storage Installation; Issuance of Environmental Assessment and
Finding of No Significant Impact Regarding a Proposed Exemption
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an exemption, pursuant to 10 CFR 72.7, from the
provisions of 10 CFR 72.72(d) to Pacific
[[Page 58759]]
Gas and Electric Company (PG&E or applicant). The requested exemption
would allow PG&E to maintain a single set of spent fuel, high-level
radioactive waste, and reactor-related Greater than Class C (GTCC)
waste records in accordance with the requirements of its NRC-approved
Quality Assurance program, which satisfies the criteria of 10 CFR part
50, Appendix B, for the Independent Spent Fuel Storage Installation
(ISFSI) at the Humboldt Bay Power Plant (HBPP) in Humboldt County,
California.
Environmental Assessment (EA)
Identification of Proposed Action
In its application for an ISFSI license, submitted on December 15,
2003, PG&E requested an exemption from the requirement in 10 CFR
72.72(d); which states in part that, ``Records of spent fuel, high-
level radioactive waste, and reactor-related GTCC waste containing
special nuclear material meeting the requirements in paragraph (a) of
this section must be kept in duplicate. The duplicate set of records
must be kept at a separate location sufficiently remote from the
original records that a single event would not destroy both sets of
records.''
The proposed action before the Commission is whether to grant this
exemption pursuant to 10 CFR 72.7.
Need for the Proposed Action
The applicant stated that ISFSI spent-fuel, high-level radioactive
waste, and reactor-related GTCC waste records will be maintained in a
manner consistent with the records of the HBPP, which are stored in
accordance with the NRC-approved Quality Assurance (QA) program. The
approved QA program for the HBPP complies with the requirements
established in 10 CFR part 50, Appendix B, which incorporates by
reference the specific recordkeeping requirements in 10 CFR
50.71(d)(1). PG&E did not request exemption from the records retention
period requirements of 10 CFR 72.72(d). The applicant seeks to provide
consistency in recordkeeping practices for the records related to the
proposed Humboldt Bay ISFSI and those records currently maintained
under the HBPP QA program. The exemption would also preclude the need
for PG&E to construct and operate a separate, second records storage
facility to store a duplicate set of spent fuel, high-level radioactive
waste, and reactor-related GTCC waste records.
In its application, PG&E indicated that the NRC-approved QA program
for the Diablo Canyon Power Plant will be applied to all Humboldt Bay
ISFSI activities, and that program meets the provisions of ANSI
N45.2.9-1974. The requirements in ANSI N45.2.9-1974 have been endorsed
by the NRC as an acceptable method of satisfying the recordkeeping
requirements of 10 CFR part 50, Appendix B, which states, in part, that
``[c]onsistent with applicable regulatory requirements [including 10
CFR 50.71(d)(1)], the applicant shall establish requirements concerning
record retention, such as duration, location, and assigned
responsibility.'' Further requirements for the maintenance of nuclear
power plant records are provided in 10 CFR 50.71(d)(1), which states,
in part, that, ``The licensee shall maintain adequate safeguards
against tampering with and loss of records.'' ANSI N.45.2.9-1974 also
satisfies the requirements of 10 CFR 72.72 by providing for adequate
maintenance of records regarding the identity and history of the spent
fuel in storage. Such records would be subject to, and need to be
protected from, the same types of degradation mechanisms or loss as
nuclear power plant Quality Assurance records.
Environmental Impacts of the Proposed Action
An exemption from the requirement to store a duplicate set of ISFSI
records at a separate location has no impact on the environment.
Storage of records does not change the methods by which spent fuel will
be handled and stored at the HBPP ISFSI and does not affect the
potential for radiological or non-radiological effluents associated
with the ISFSI.
Alternative to the Proposed Action
As an alternative to the proposed action, the staff considered
denial of the proposed action (i.e., the ``no-action'' alternative).
Denial of the application would result in no change in current
environmental impacts. The environmental impacts of the proposed action
and the alternative action are similar.
Agencies and Persons Consulted
On August 30, 2005, the NRC staff discussed the environmental
assessment for the proposed action with Ms. Barbara Byron, Senior
Nuclear Policy Advisor for the California Energy Commission (CEC). On
September 14, 16, and 27, 2005, the staff provided additional details
regarding the proposed storage of the Humboldt Bay ISFSI records, in
response to Ms. Byron's requests for clarification. The CEC had no
further comments on the EA. The NRC staff has determined that a
consultation under Section 7 of the Endangered Species Act is not
required because the proposed action is administrative or procedural in
nature and will not affect listed species or critical habitat. The NRC
staff has also determined that the proposed action is not a type of
activity having the potential to cause effects on historic properties
because it is an administrative or procedural action. Therefore, no
further consultation is required under Section 106 of the National
Historic Preservation Act.
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 Commission finds that the proposed action of
granting the exemption from 10 CFR 72.72(d), so that PG&E may store
spent fuel records for the proposed ISFSI in a single records storage
facility, in accordance with its NRC-approved Quality Assurance program
(which satisfies the criteria of 10 CFR part 50, Appendix B, and 10 CFR
50.71(d)(1)), will not significantly impact the quality of the human
environment. Accordingly, the Commission has determined that a Finding
of No Significant Impact is appropriate, and that an environmental
impact statement for the proposed exemption is not necessary.
For further details with respect to this exemption request, see the
PG&E ISFSI license application, and the accompanying Safety Analysis
Report, dated December 15, 2003. The request for exemption was docketed
under 10 CFR 72, Docket No. 72-27. In accordance with 10 CFR 2.390 of
NRC's ``Rules of Practice,'' final NRC records and documents regarding
this proposed action are publicly available in the records component of
NRC's Agencywide Documents Access and Management System (ADAMS). These
documents may be inspected at NRC's Public Electronic Reading Room at
http://www.nrc.gov/reading-rm/adams.html. These documents may also be
viewed electronically on the public computers located at the NRC's
Public Document Room (PDR), O1F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor
will copy documents for a fee. 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 [email protected].
[[Page 58760]]
Dated at Rockville, Maryland, this 30th day of September, 2005.
For the Nuclear Regulatory Commission.
James R. Hall,
Senior Project Manager, Spent Fuel Project Office, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. E5-5530 Filed 10-6-05; 8:45 am]
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