Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Notices 69901

As a result of this dispute, the SLA 

requested the Secretary of Education to 

convene a Federal arbitration panel to 

hear this complaint. A panel was 

convened, and a hearing on this matter 

was held on May 13, 2002. 

Arbitration Panel Decision 

The arbitration panel heard the 

following issue: whether the Army’s 

alleged failure to negotiate with the SLA 

in good faith for the full food services 

and dining facility attendant services 

contract at Ft. Campbell, Kentucky, 

constituted a violation of the Act (20 

U.S.C. 107 et seq.) and the 

implementing regulations in 34 CFR 

part 395. 

After considering the evidence 

presented, the majority of the panel 

ruled that the Act clearly covers all 

types of food service operations 

including military troop dining 

facilities. The panel stated that the 

Army’s provision of cooks for the dining 

facility at Ft. Campbell did not mandate 

the exclusion of the SLA from the 

opportunity to provide other services. 

Further, the panel found that the 

Army’s issuance of a new solicitation 

amounted to a limitation on the 

placement or operation of vending 

facility services on Federal property as 

provided by the Act. The panel also 

noted that the Act states that Federal 

agencies may give priority to SLAs 

through direct negotiation whenever a 

vending facility can be provided at a 

reasonable cost with food of a high 

quality, comparable to that currently 

provided. 

Accordingly, the panel ruled that the 

Army failed to present any evidence 

that it complied with the requirements 

of the Act and the implementing 

regulations prior to excluding the SLA 

from its procurement for food services at 

Ft. Campbell, Kentucky. 

Therefore, the panel ruled that the 

Army should engage in direct 

negotiations with the SLA for its dining 

facility attendant services requirement 

at Ft. Campbell, Kentucky. 

One panel member dissented. 

The views and opinions expressed by 

the panel do not necessarily represent 

the views and opinions of the U.S. 

Department of Education. 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: www.ed.gov/news/

fedregister.

To use PDF you must have Adobe 

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at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530.

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/

index.html.

Dated: November 24, 2004. 

Troy R. Justesen, 

Acting Deputy Assistant Secretary for Special 

Education and Rehabilitative Services.

[FR Doc. E4–3400 Filed 11–30–04; 8:45 am] 

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Revision of the Record of Decision for 

a Nuclear Weapons Nonproliferation 

Policy Concerning Foreign Research 

Reactor Spent Nuclear Fuel

AGENCY: Department of Energy, National 

Nuclear Security Administration.

ACTION: Revision of a record of decision.

SUMMARY: The U.S. Department of 

Energy (DOE), in consultation with the 

Department of State, has decided to 

revise its Record of Decision (ROD) for 

the Final Environmental Impact 

Statement on a Proposed Nuclear 

Weapons Nonproliferation Policy 

Concerning Foreign Research Reactor 

Spent Nuclear Fuel, issued on May 13, 

1996 (61 FR 15902, May 17, 1996). That 

decision established the U. S. Nuclear 

Weapons Nonproliferation Policy 

Concerning Foreign Research Reactor 

(FRR) Spent Nuclear Fuel (SNF) 

(hereinafter referred to as the 

‘‘Acceptance Policy’’), which provides 

for DOE acceptance of SNF containing 

uranium enriched in the United States 

from research reactors located in 41 

countries. Under the current Acceptance 

Policy, only material of U.S. origin that 

is irradiated and discharged from 

reactors before May 13, 2006, is eligible 

for acceptance. Eligible SNF can be 

accepted through May 12, 2009. DOE 

has decided to extend the Acceptance 

Program for an additional 10 years, until 

May 12, 2016, for irradiation of eligible 

fuel, and until May 12, 2019, for fuel 

acceptance. DOE will also accept a 

small number of SNF elements from a 

reactor in Australia scheduled to be 

commissioned after 2005 to replace a 

reactor currently eligible for the 

acceptance program, and analyzed in 

the FRR SNF Environmental Impact 

Statement (EIS). 

With less than 2 years remaining until 

the expiration date for irradiation of 

eligible fuel and less than 5 years 

remaining for fuel acceptance, DOE has 

received only about 35 percent of the 

material eligible for return as estimated 

in the Final Environmental Impact 

Statement on a Proposed Nuclear 

Weapons Nonproliferation Policy 

Concerning Foreign Research Reactor 

Spent Nuclear Fuel (FRR SNF EIS, DOE/

EIS–0218, February 1996), on which the 

ROD was based. This is because some 

countries with eligible fuel have not 

used their fuel as rapidly as projected in 

1996, some countries have made 

alternative spent fuel processing 

arrangements, and there have been 

technical delays in the development of 

new low-enriched uranium (LEU) fuels 

to enable research reactors to convert 

from high-enriched uranium (HEU), 

which can be used to create nuclear 

weapons. 

DOE prepared a Supplement Analysis 

for the FRR SNF EIS, in accordance with 

DOE National Environmental Policy Act 

(NEPA) implementing regulations (10 

CFR part 1021). This analysis evaluated 

the potential health and environmental 

impacts of extending the program for 5 

and 10 years, and of including a small 

number of additional fuel elements from 

the Australian Replacement Research 

Reactor (RRR). The analysis concluded 

that, although there could be very small 

increases in health impacts such as from 

SNF transportation over the extended 

period, these increases would not 

significantly change the results reported 

in the FRR SNF EIS. Accordingly, DOE 

has determined that a supplement to the 

FRR SNF EIS is not required.

ADDRESSES: For copies of the 

Supplement Analysis, or for further 

information about the FRR SNF 

Acceptance Program, contact: Catherine 

R. Mendelsohn, Acting Director, Office 

of Global Nuclear Material Threat 

Reduction, Office of Global Threat 

Reduction, National Nuclear Security 

Administration, U.S. Department of 

Energy, NA–21, 1000 Independence 

Avenue, SW., Washington DC 20585, 

(202) 586–0275, fax: (202) 586–6789, 

kasia.mendelsohn@hq.doe.gov.

The Supplement Analysis and related 

information will be available on DOE’s 

NEPA web site at http://

www.eh.doe.gov/nepa/ and in the DOE 

Public Reading Room as follows: U.S. 

Department of Energy, 1000 

Independence Avenue, SW., Room 1E–

190, Washington, DC 20585, (202) 586–

5955. The Public Reading Room is open 

from 9 a.m. to 4 p.m., Monday to Friday, 

except Federal holidays.

69902 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Notices 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the FRR SNF 

Acceptance Policy and program, contact 

Ms. Catherine R. Mendelsohn at the 

address or telephone number provided 

above. Information on the DOE NEPA 

process may be requested from: Carol M. 

Borgstrom, Director, Office of NEPA 

Policy and Compliance (EH–42), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Ms. Borgstrom 

may be contacted by telephone at (202) 

586–4600 or by leaving a message at 

(800) 472–2756.

SUPPLEMENTARY INFORMATION:

Background 

DOE issued a ROD on May 13, 1996 

(61 FR 25092, May 17, 1996), based on 

the FRR SNF EIS (DOE/EIS–0218, 

February 1996), for which the U.S. 

Department of State was a cooperating 

agency, stating that DOE would accept 

FRR SNF containing uranium that was 

enriched in the United States from 107 

research reactors located in 41 

countries. The ROD further stated that 

only SNF that is irradiated and 

discharged from eligible reactors before 

May 12, 2006, can be accepted. This 

SNF can be accepted in the United 

States through May 12, 2009. 

From May 1996, when the FRR SNF 

ROD was issued, to the present, only 

about 35 percent of the SNF estimated 

in the FRR SNF EIS to be eligible for the 

acceptance program has been received. 

Most of the accepted FRR SNF elements 

are aluminum-based spent fuel 

currently stored at the Savannah River 

Site (SRS). The remaining FRR SNF is 

Training, Research, Isotope, General 

Atomics spent fuel stored at the Idaho 

National Engineering and 

Environmental Laboratory (INEEL). All 

of the FRR SNF will ultimately be 

disposed of at a geologic repository. 

As of November 2004, 30 shipments 

of FRR SNF have been received in the 

United States. Of these 30 shipments, 1 

shipment arrived at the Concord Naval 

Weapons Station in California, and was 

transported to INEEL. Two shipments 

entered overland through Canada and 

were sent to SRS. The remaining 27 

shipments arrived at the Charleston 

Naval Weapons Station in South 

Carolina, with 5 of these shipments 

going to INEEL and 22 shipments going 

to SRS. No accidents involving FRR 

SNF have occurred, and no shipment 

received under the Acceptance Program 

has resulted in a release of radioactive 

material from a cask containing FRR 

SNF. 

Approximately 2 years remain until 

the Acceptance Policy’s expiration date 

for irradiation of eligible fuel and 5 

years remain for acceptance of eligible 

FRR SNF. DOE has received only about 

35 percent of the total SNF elements 

estimated in 1996 because some 

countries with eligible fuel have not 

used their fuel as rapidly as projected in 

1996, some countries have made 

alternative spent fuel processing 

arrangements, and there have been 

technical delays in the development of 

new low-enriched uranium (LEU) fuels 

to enable research reactors to convert 

from high-enriched uranium (HEU), 

which can be used to create nuclear 

weapons. 

The current Acceptance Policy 

applies only to reactors that were 

operational in May 1996, when the 

Policy was established. Although the 

High Flux Australian Reactor (HIFAR) 

has been operational since 1958 and is 

eligible to participate in the acceptance 

program, this reactor has been 

scheduled since 1997 for 

decommissioning in 2006. The HIFAR is 

expected to have used all of its fuel by 

that time. Australia’s Research 

Replacement Reactor (RRR), scheduled 

for commissioning in 2005, will assume 

the HIFAR research and medical isotope 

activities. In effect, the RRR represents 

a conversion from the HEU used in the 

HIFAR to a new type of LEU fuel that 

can be processed by non-U.S. facilities. 

The delays in developing this new fuel 

will mean, however, that the RRR must 

use a currently available type of LEU 

fuel until approximately 2012. It is 

expected that SNF resulting from the 

irradiation of the currently available 

LEU fuel would need to be managed in 

the United States and would add a small 

number of fuel elements, approximately 

96 elements, to the 1996 total estimate 

of approximately 22,700 elements. All 

of the Australian SNF would be 

managed at SRS until disposal is 

available at a geologic repository. 

Purpose and Need for Action 

Reducing the threat posed by the 

proliferation of nuclear weapons is a 

foremost goal of the United States. To 

continue to meet DOE’s objective of 

reducing, and eventually eliminating, 

HEU of U.S. origin from civil commerce 

worldwide, DOE needs to extend its 

FRR SNF Acceptance Policy to allow 

additional time for eligible material to 

be returned to the United States and to 

allow SNF elements from an Australian 

reactor commissioned after 2005 to 

replace a reactor currently eligible for 

the acceptance program and analyzed in 

the original FRR SNF EIS. 

Proposed Action 

DOE and the U.S. Department of State 

propose to revise the FRR SNF 

Acceptance Program by: 

• Extending the expiration date for 

irradiation of eligible spent for 10 years, 

from May 12, 2006, to May 12, 2016; 

• Extending the acceptance date for 

eligible spent fuel 10 years, from May 

12, 2009, to May 12, 2019; and 

• Extending eligibility to Australia’s 

RRR for participation in the Acceptance 

Program.

The amount of potentially eligible 

SNF would remain at approximately 20 

metric tonnes of heavy metal total. 

Target material (fuel for isotope 

production such as Technetium-99) and 

damaged spent fuel also received under 

the Acceptance Program currently can 

be treated in H–Canyon at SRS. 

However, current plans call for H–

Canyon facilities to be maintained in 

operable condition through 2010 

pending a review of the facility. While 

target material and damaged SNF can be 

accepted under the current Acceptance 

Policy, the material would not be 

accepted if H–Canyon is unavailable 

after 2010 to prepare the target material 

and damaged fuel for disposal. If SNF 

were to be damaged once it arrived in 

the United States and H–Canyon were 

not available, DOE would repackage or 

otherwise prepare the fuel and safely 

store it pending disposal. 

NEPA Review 

DOE prepared a Supplement Analysis 

in accordance with DOE NEPA 

implementing regulations (10 CFR part 

1021) to determine whether a 

supplement to the FRR SNF EIS is 

needed for the proposed action. The 

analysis evaluated the potential health 

and environmental impacts of extending 

the program for 5 and 10 years, and of 

including the small number of 

additional fuel elements from the RRR. 

The analysis concluded that although 

there could be very small increases in 

health impacts such as from SNF 

transportation over the extended period, 

these increases would not significantly 

change the results reported in the FRR 

SNF EIS. Accordingly, DOE has 

determined that there are no substantial 

changes to the proposed action analyzed 

in the FRR SNF EIS or significant new 

circumstances or information relevant to 

environmental concerns resulting from 

the extension of the Acceptance Policy. 

As referenced in the Supplement 

Analysis, the onsite management of SNF 

at INEEL and SRS was addressed in the 

Programmatic SNF and INEEL Final EIS 

(DOE/EIS–0203, Volumes 1 and 2, 1995) 

and the Savannah River Site Spent Fuel 

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Notices 69903

Management Final EIS (DOE/EIS–0279, 

2000). The onsite impacts identified for 

those sites would not be changed by the 

extension of the Acceptance Policy. 

Transportation impacts from INEEL and 

SRS to the geologic repository as 

analyzed in the Final EIS for a Geologic 

Repository for the Disposal of Spent 

Nuclear Fuel and High-level Radioactive 

Waste at Yucca Mountain, Nye, County, 

Nevada, (DOE/EIS–250, 2002) are also 

unchanged by the extension. 

Decision 

DOE has decided to extend the FRR 

SNF Acceptance Policy for an 

additional 10 years beyond its current 

expiration, until May 12, 2016, for 

irradiation of eligible fuel, and until 

May 12, 2019, for fuel acceptance. DOE 

has also decided to include the 

Australian RRR as a reactor eligible to 

participate in the acceptance program. 

For the small amount of RRR fuel that 

would be added to 1996 estimates, DOE 

will continue limitations on shipment 

cask curie activity and will ensure that 

the upper limit estimate for the source 

term assumed in the FRR SNF EIS 

accident analysis will not be exceeded. 

DOE’s decision furthers the 

nonproliferation objectives of the 

United States. The extension of the 

Acceptance Policy is expected to 

provide sufficient time for reactors to 

complete their planned shipments, to 

complete development, testing, 

qualification and fabrication of new 

LEU fuels which could be used by the 

RRR and other reactors, and to provide 

time for reactors to convert to the new 

LEU fuels or make alternative fuel 

management arrangements.

Issued in Washington, DC on November 22, 

2004. 

Linton F. Brooks, 

Under Secretary and Administrator, National 

Nuclear Security Administration.

[FR Doc. 04–26470 Filed 11–30–04; 8:45 am] 

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Paducah

AGENCY: Department of Energy (DOE).

ACTION: Notice of open meeting.

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EMSSAB), 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.

DATES: Thursday, January 20, 2005—

5:30 p.m.–9:30 p.m.

ADDRESSES: 111 Memorial Drive, 

Barkley Centre, Paducah, Kentucky 

42001.

FOR FURTHER INFORMATION CONTACT:

William E. Murphie, Deputy Designated 

Federal Officer (DDFO), Department of 

Energy Portsmouth/Paducah Project 

Office, 1017 Majestic Drive, Suite 200, 

Lexington, Kentucky 40513, (859) 219–

4001.

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE in the areas of environmental 

restoration, waste management and 

related activities. 

Tentative Agenda 

5:30 p.m. Informal Discussion 

6 p.m. Call to Order 

Introduction 

Review of Agenda 

Approval of November Minutes 

6:05 p.m. DDFO’s Comments 

6:25 p.m. Federal Coordinator 

Comments 

6:30 p.m. Ex-Officio Comments 

6:40 p.m. Public Comments and 

Questions 

7:50 p.m. Task Forces/Presentations 

• Waste Disposition Task Force 

—Burial Ground Operable Unit 

• Water Quality Task Force 

• Long Range Strategy/Stewardship 

Task Force 

—Annual Report 

—Site Management Plan Update 

• Waste Community Outreach Task 

Force 

7 p.m. Public Comments and 

Questions 

8 p.m. Break 

8:15 p.m. Administrative Issues 

• Review of Work Plan 

• Review of Next Agenda 

8:20 p.m. Review of Action Items 

8:25 p.m. Subcommittee Reports 

• Executive Committee 

8:40 p.m. Final Comments 

9:30 p.m. Adjourn

Copies of the final agenda will be 

available at the meeting. 

Public Participation: The meeting is 

open to the public. Written statements 

may be filed with the Committee either 

before or after the meeting. Individuals 

who wish to make oral statements 

pertaining to agenda items should 

contact David Dollins at the address 

listed below or by telephone at (270) 

441–6819. Requests must be received 

five days prior to the meeting and 

reasonable provision will be made to 

include the presentation in the agenda. 

The Deputy Designated Federal Officer 

is empowered to conduct the meeting in 

a fashion that will facilitate the orderly 

conduct of business. Individuals 

wishing to make public comments will 

be provided a maximum of five minutes 

to present their comments as the first 

item of the meeting agenda. 

Minutes: The minutes of this meeting 

will be available for public review and 

copying at the Freedom of Information 

Public Reading Room, 1E–190, Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585 between 9 

a.m. and 4 p.m., Monday–Friday, except 

Federal holidays. Minutes will also be 

available at the Department of Energy’s 

Environmental Information Center and 

Reading Room at 115 Memorial Drive, 

Barkley Centre, Paducah, Kentucky 

between 8 a.m. and 5 p.m., on Monday 

thru Friday or by writing to David 

Dollins, Department of Energy, Paducah 

Site Office, Post Office Box 1410, MS–

103, Paducah, Kentucky 42001 or by 

calling him at (270) 441–6819.

Issued at Washington, DC, on November 

24, 2004. 

Rachel M. Samuel, 

Deputy Advisory Committee Management 

Officer.

[FR Doc. 04–26469 Filed 11–30–04; 8:45 am] 

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

[Docket No. CP05–18–000] 

Equitrans, L.P.; Notice of Proceeding 

November 23, 2004. 

Take notice that on November 18, 

2004, in an order issued in Docket Nos. 

RP04–97–001, et al., the Commission 

established a separate proceeding to 

conduct an inquiry in response to 

assertions by Equitrans, L.P. (Equitrans), 

100 Allegany Center, Pittsburgh, PA 

15275, that a significant portion of its 

storage facilities’ cushion gas has been 

lost due to migration of that gas. The 

proceeding in Docket No. CP05–18–000, 

initiated by the Commission pursuant to 

its authority under section 5, 7, 8 and 

16 of the Natural Gas Act (NGA), will 

explore material issues regarding 

Equitrans’ loss of the cushion gas, as 

described in more detail herein. 

In the rate proceeding in Docket Nos. 

RP04–97–001, et al., Equitrans 

explained its intention to buy and inject 

into storage approximately 9,600,000 

Dth of cushion gas to replace lost 

cushion gas. Equitrans proposed in the 

rate proceeding to reflect the projected 

purchase cost of this cushion gas of 

approximately $49.1 million in its rates.