Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices 4803 

DEPARTMENT OF ENERGY 

Notice of Availability of the Final 

Environmental Impact Statement for 

Decommissioning and/or Long-Term 

Stewardship at the West Valley 

Demonstration Project and Western 

New York Nuclear Service Center 

AGENCY: Department of Energy. 

ACTION: Notice of availability. 

SUMMARY: The U.S. Department of 

Energy (DOE) announces the availability 

of the Final Environmental Impact 

Statement for Decommissioning and/or 

Long-Term Stewardship at the West 

Valley Demonstration Project and 

Western New York Nuclear Service 

Center (DOE/EIS–0226) (referred to as 

the Final Decommissioning and/or 

Long-Term Stewardship EIS or ‘‘Final 

EIS’’). 

The Final EIS was prepared in 

accordance with the Council on 

Environmental Quality’s National 

Environmental Policy Act (NEPA) 

Implementing Regulations (40 CFR Parts 

1500–1508) and the DOE NEPA 

Implementing Procedures (10 CFR Part 

1021). DOE and the New York State 

Energy Research and Development 

Authority (NYSERDA) are joint lead 

agencies for preparing the EIS, while the 

U.S. Nuclear Regulatory Commission 

(NRC), the U.S. Environmental 

Protection Agency (EPA), and the New 

York State Department of 

Environmental Conservation (NYSDEC) 

are cooperating agencies. NYSDEC and 

the New York State Department of 

Health (NYSDOH) are involved agencies 

under the New York State 

Environmental Quality Review Act 

(SEQR). 

The Proposed Action is the 

completion of the West Valley 

Demonstration Project (WVDP) and the 

decommissioning and/or long-term 

management or stewardship of Western 

New York Nuclear Service Center 

(WNYNSC). The Proposed Action 

includes the decontamination and 

decommissioning of the waste storage 

tanks and facilities used in the 

solidification of high-level radioactive 

waste, and any material and hardware 

used in connection with the WVDP. The 

EIS analyzes three action alternatives for 

decommissioning and/or long-term 

stewardship of the WNYNSC, and a No 

Action Alternative as required by NEPA 

and SEQR. 

DATES: DOE will announce its decision 

regarding future actions at WNYNSC in 

a Record of Decision to be published in 

the Federal Register no sooner than 30 

days after the Environmental Protection 

Agency (EPA) publishes a Notice of 

Availability for the Final 

Decommissioning and/or Long-Term 

Stewardship EIS. NYSERDA will 

publish its decisions regarding actions 

at the WNYNSC in a Findings Statement 

in the New York State Environmental 

Notice Bulletin no sooner than 10 days 

after the Final EIS is issued. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION section for addresses at 

which copies of the Final EIS are 

available for viewing, as well as 

addresses for use in requesting copies of 

the document. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding WVDP or the 

Final EIS, contact Catherine Bohan, EIS 

Document Manager, West Valley 

Demonstration Project, U.S. Department 

of Energy, Ashford Office Complex, 

9030 Route 219, West Valley, NY 14171. 

The following Web sites may also be 

accessed for additional information on 

the Final EIS or the West Valley Site: 

http://www.westvalleyeis.com or http:// 

www.wv.doe.gov. Requests for 

information may also be submitted via 

e-mail at http://www.westvalleyeis.com 

or by faxing toll-free to 866–306–9094. 

For general information on DOE’s 

NEPA process contact: Carol Borgstrom, 

Director, Office of NEPA Policy and 

Compliance (GC–54), U.S. Department 

of Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585; e-mail 

AskNEPA@hq.doe.gov; telephone 202– 

586–4600; or leave a message at 800– 

472–2756. The Final EIS is also 

accessible through the DOE’s NEPA 

Web site at http://www.gc.energy.gov/ 

NEPA. 

For general questions and information 

about NYSERDA’s role in the EIS, 

contact Paul Bembia, Program Director, 

West Valley Site Management Program, 

New York State Energy Research and 

Development Authority, Ashford Office 

Complex, 9030 Route 219, West Valley, 

NY 14171; telephone 716–942–9960, 

extension 4900; fax 716–942–9961; or email pjb@nyserda.org. 

SUPPLEMENTARY INFORMATION: WNYNSC 

is a 1,351-hectare (3,338-acre) site 

located 48 kilometers (30 miles) south of 

Buffalo, New York, and owned by 

NYSERDA. In 1982, DOE assumed 

control but not ownership of the 68- 

hectare (167-acre) Project Premises 

portion of the site in order to conduct 

the WVDP, as required under the 1980 

West Valley Demonstration Project Act. 

In 1990, DOE and NYSERDA entered 

into an agreement to prepare a joint EIS 

to address both the completion of 

WVDP and closure or long-term 

management of WNYNSC. A Draft EIS 

was issued for public comment in 

January 1996: the Draft Environmental 

Impact Statement for Completion of the 

West Valley Demonstration Project and 

Closure or Long-Term Management of 

Facilities at the Western New York 

Nuclear Service Center, also referred to 

as the 1996 Cleanup and Closure Draft 

EIS (DOE/EIS–0226D). 

DOE and NYSERDA issued the 

Revised Draft Decommissioning and/or 

Long-Term Stewardship EIS on 

December 5, 2008, revising the 1996 

Draft EIS. This revised draft considered 

the decommissioning criteria for WVDP 

issued by NRC since the publication of 

the 1996 Cleanup and Closure Draft EIS 

and public comments on that EIS. The 

public comment period on the Revised 

Draft Decommissioning and/or LongTerm Stewardship EIS, originally 

scheduled to end June 8, 2009, was 

extended through September 8, 2009, in 

response to requests from the public. 

Four public hearings on the Revised 

Draft EIS were held in locations in New 

York State and on the Seneca Nation of 

Indians Reservation during this time. 

DOE and NYSERDA have considered 

comments received and have 

incorporated both the comments and the 

agencies’ responses in the EIS. 

Key changes between the Draft and 

Final EIS include: Incorporation of 

updated environmental and site-specific 

information, changes made in response 

to the NYSERDA View on the Revised 

Draft EIS, and revision of the 

description of alternatives, particularly 

that of the Phased Decisionmaking 

Alternative (described in the Draft EIS 

as encompassing 30 years) to specify 

that a Phase 2 decision would be made 

no later than 10 years after issuance of 

the initial DOE Record of Decision and 

NYSERDA Findings Statement, if the 

Phased Decisionmaking Alternative is 

selected. 

The Final Decommissioning and/or 

Long-Term Stewardship EIS has been 

prepared in accordance with NEPA (40 

CFR Parts 1500–1508 and 10 CFR Part 

1021) and the SEQR to examine the 

potential environmental impacts of the 

range of reasonable alternatives to 

decommission and/or maintain longterm stewardship at WNYNSC. The 

alternatives analyzed in the EIS include 

the Sitewide Removal Alternative, the 

Sitewide Close-In-Place Alternative, the 

Phased Decisionmaking Alternative 

(Preferred Alternative), and the No 

Action Alternative. The analysis and 

information contained in the EIS are 

intended to assist DOE and NYSERDA 

with consideration of potential 

environmental impacts prior to making 

decommissioning or long-term 

management decisions. 

The Final Decommissioning and/or 

Long-Term Stewardship EIS will 


jlentini on DSKJ8SOYB1PROD with NOTICES
4804 Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices 

support DOE and NYSERDA decisions 

regarding the Proposed Action: 

Completion of WVDP and 

decommissioning and/or long-term 

management or stewardship of 

WNYNSC. This includes the disposition 

of the high-level radioactive waste 

storage tanks, the former spent nuclear 

fuel reprocessing plant, the North 

Plateau Groundwater Plume, the Cesium 

Prong, the NRC–Licensed Disposal Area 

(NDA), and the State-Licensed Disposal 

Area (SDA). The three action 

alternatives evaluated for the Proposed 

Action are as follows: 

Sitewide Removal: Under this 

alternative, all site facilities identified 

in the Final EIS would be removed; 

contaminated soil, sediment, and 

groundwater would be removed to meet 

criteria that would allow unrestricted 

release of WNYNSC; and all radioactive, 

hazardous, and mixed waste would be 

characterized, packaged as necessary, 

and eventually shipped off site for 

disposal. This alternative is expected to 

generate waste for which there is 

currently no offsite disposal location 

(e.g., potential non-defense transuranic 

waste, commercial Class B and C lowlevel radioactive waste, and GreaterThan-Class C waste). This orphan waste 

would be stored on site until an 

appropriate offsite facility is available. 

Completion of these activities would 

allow unrestricted use of the site (i.e., 

the site could be made available for any 

public or private use). The Sitewide 

Removal Alternative includes temporary 

onsite storage of canisters of high-level 

radioactive waste previously vitrified 

under WVDP and currently in storage at 

WVDP until the waste can be shipped 

offsite. 

Sitewide Close-In-Place: Under this 

alternative, most facilities would be 

closed in place. Major facilities and 

sources of contamination such as the 

Waste Tank Farm, NDA, and SDA 

would be managed at their current 

locations. Residual radioactivity in 

facilities with larger inventories of longlived radionuclides would be isolated 

by specially designed closure structures 

and engineered barriers. These 

structures would be designed to meet 

regulatory requirements both to retain 

hazardous and radioactive constituents 

and to ensure they would be resistant to 

long-term degradation. This approach 

would allow large areas of the site to be 

released for unrestricted use. The NRC 

license for remaining portions of 

WNYNSC could be terminated under 

restricted conditions, or could be 

converted to a long-term license. Longterm stewardship would be provided for 

facilities that are closed in place and 

any buffer areas around them. 

Phased Decisionmaking (the Preferred 

Alternative): Under this alternative, 

decommissioning would be completed 

in two phases. This alternative involves 

substantial removal actions in the first 

phase. In addition, during the first 

phase, this alternative provides for site 

characterization and scientific studies to 

facilitate decisionmaking for the 

remaining facilities or areas. 

Phase 1 would include removal of the 

Main Plant Process Building and the 

source area of the North Plateau 

Groundwater Plume. In addition, the 

lagoons and all facilities in Waste 

Management Area (WMA) 2 (except the 

permeable treatment wall) would be 

removed. The Vitrification Facility, the 

Remote Handled Waste Facility, and a 

number of facilities in WMAs 5, 6, 9, 

and 10 would also be removed. 

Foundations, slabs or pads from these 

facilities, as well as those from 

previously demolished facilities, would 

also be removed. During Phase 1, 

several facilities would continue under 

active management. These facilities 

include the Waste Tank Farm and its 

support facilities, the Construction and 

Demolition Debris Landfill, the nonsource area of the North Plateau 

Groundwater Plume, the NDA, and the 

SDA. Activities undertaken in Phase 1 

would make use of proven technologies 

and available waste disposal sites to 

reduce the potential short-term health 

and safety risks from residual 

radioactivity and hazardous 

contaminants at the site. Phase 1 

activities are expected to take 8 to 10 

years to complete. During this 8 to 10 

year period, DOE and NYSERDA would 

conduct a number of activities to 

facilitate determination of the best 

technical approach to complete 

decommissioning of the remaining 

facilities. These activities would include 

further characterization of site 

contamination and additional scientific 

studies. These additional studies would 

be conducted to possibly reduce 

technical uncertainties related to the 

decision on final decommissioning and 

long-term management of the balance of 

WNYNSC. In particular, these studies 

may address uncertainties associated 

with the long-term performance models, 

the viability and cost of exhuming 

buried waste and tanks, the availability 

of waste disposal sites, and technologies 

for in-place containment. 

While Phase 1 activities are being 

conducted, DOE and NYSERDA would 

assess the results of site-specific studies 

as they become available, along with 

other emerging information such as 

applicable technology development. In 

consultation with NYSERDA and 

cooperating and involved agencies on 

the EIS, DOE would determine whether 

new information would warrant 

preparation of a Supplemental EIS. 

NYSERDA also would assess the results 

of site-specific studies and other 

information during Phase 1. NYSERDA 

expects to prepare and issue for public 

comment an EIS, or a supplement to the 

existing EIS, to evaluate Phase 2 

decisions for the SDA and the balance 

of WNYNSC for which NYSERDA has 

responsibility. 

Phase 2 decisions would be made 

within 10 years of the initial DOE 

Record of Decision and NYSERDA 

Findings Statement, if the Phased 

Decisionmaking Alternative is selected. 

NYSERDA and DOE would strive to 

make a comprehensive Phase 2 decision 

for the entire site that is protective of 

public health and safety and the 

environment. For WVDP, Phase 2 

actions would complete 

decommissioning or long-term 

management decisionmaking according 

to the approach determined most 

appropriate during the additional Phase 

1 evaluations for each remaining 

facility. For the SDA, alternatives that 

would be considered for Phase 2 actions 

would include at least: complete 

exhumation, close-in-place, and 

continued active management 

consistent with SDA permit and license 

requirements. 

No Action Alternative: Under this 

alternative, no decommissioning actions 

would be taken. The No Action 

Alternative would involve the 

continued management and oversight of 

all facilities located on WNYNSC 

property as of the starting point for this 

EIS. The No Action Alternative does not 

meet the purpose and need for agency 

action, but analysis of the No Action 

Alternative is required under NEPA and 

SEQR. 

Preferred Alternative: DOE and 

NYSERDA have identified the Phased 

Decisionmaking Alternative as the 

Preferred Alternative. DOE will 

announce its decision regarding future 

actions at WNYNSC in a Record of 

Decision to be published in the Federal 

Register no sooner than 30 days after 

publication of the EPA Notice of 

Availability for the Final EIS. NYSERDA 

will publish its decisions regarding 

actions at the WNYNSC in a Findings 

Statement in the New York State 

Environmental Notice Bulletin no 

sooner than 10 days after the Final EIS 

is issued. 

Paper copies of the Final EIS are 

available at the Concord Public Library, 

18 Chapel Street, Springville, NY 14141, 

(716) 592–7742; the WVDP Public 

Reading Room, U.S. Department of 

Energy, Ashford Office Complex, 9030 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices 4805 

Route 219, West Valley, NY 14171, (716) 

942–4555; and the U.S. Department of 

Energy, FOIA Reading Room, 1G–033, 

Forrestal Bldg., 1000 Independence 

Ave., SW., Washington, DC 20585, (202) 

586–5955. Written requests for copies of 

the document should be directed to: 

Catherine Bohan, EIS Document 

Manager, West Valley Demonstration 

Project, U.S. Department of Energy, 

Ashford Office Complex, 9030 Route 

219, West Valley, NY 14171. This Final 

EIS is also available electronically at 

http://www.westvalleyeis.com and the 

DOE’s NEPA Web site at http:// 

www.gc.energy.gov/NEPA. 

Signed in Washington, DC, this 20th day of 

January 2010. 

Frank Marcinowski, 

Acting Chief Technical Officer for 

Environmental Management. 

[FR Doc. 2010–1725 Filed 1–28–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Portsmouth 

AGENCY: Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EM SSAB), Portsmouth (known 

locally as the Portsmouth Site-Specific 

Advisory Board [PORTS SSAB]), 

Decontamination and Decommissioning 

(D&D) and Future Land Use 

Subcommittees. 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: Tuesday, February 9, 2010—4:30 

p.m. 

ADDRESSES: Ohio State University, 

Endeavor Center, 1862 Shyville Road, 

Piketon, Ohio 45661. 

FOR FURTHER INFORMATION CONTACT: Joel 

Bradburne, Deputy Designated Federal 

Officer, Department of Energy 

Portsmouth/Paducah Project Office, Post 

Office Box 700, Piketon, Ohio 45661, 

(740) 897–3822, 

Joel.Bradburne@lex.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE–EM and site management in the 

areas of environmental restoration, 

waste management, and related 

activities. 

Purpose of the D&D Subcommittee: 

The purpose of the subcommittee is to 

focus on waste disposition and 

recycling issues at the Portsmouth site. 

Purpose of the Future Land Use 

Subcommittee: The purpose of the 

subcommittee is to focus on reuse 

incentives, reindustrialization, and 

technology development at the 

Portsmouth site. 

Tentative Agenda 

4:30 p.m.—D&D Subcommittee Session 

• Review of January Summary 

• Waste Disposition Option Updates 

Æ Shipping, Transporting, and 

Contamination Levels 

• Public Comment Period 

• Review of Action Items 

6:30 p.m.—Future Land Use 

Subcommittee Session 

• Review of January Summary 

• Discussion of Priorities 

• Public Comment Period 

• Review of Action Items 

Adjourn 

Public Participation: The EM SSAB, 

Portsmouth, welcomes the attendance of 

the public at its meetings and will make 

every effort to accommodate persons 

with physical disabilities or special 

needs. If you require special 

accommodations due to a disability, 

please contact Joel Bradburne at least 

five days in advance of the meetings at 

the phone number listed above. Written 

statements may be filed with the Board 

either before or after the meeting. 

Individuals who wish to make oral 

statements pertaining to agenda items 

should contact Joel Bradburne at the 

address or telephone number listed 

above. 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. This notice is being 

published less than 15 days prior to the 

meeting date due to programmatic 

issues that had to be resolved prior to 

the meeting date. 

Minutes: Minutes will be available by 

writing or calling Joel Bradburne at the 

address and phone number listed above. 

Minutes will also be available at the 

following Web site: http://www.portsssab.org/publicmeetings.html. 

Issued at Washington, DC, on January 22, 

2010. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. 2010–1684 Filed 1–28–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RM10–12–000; 130 FERC 

¶ 61,039] 

Electricity Market Transparency 

Provisions of Section 220 of the 

Federal Power Act 

January 21, 2010. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of inquiry. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

seeks comments on whether the 

Commission’s Electric Quarterly Report 

(EQR) filing requirements should be 

applied to market participants that are 

excluded from the Commission’s 

jurisdiction under section 205 of the 

Federal Power Act (FPA). This Notice of 

Inquiry will assist the Commission in 

determining what changes, if any, 

should be made to its regulations under 

the electric market transparency 

provisions of section 220 of the FPA, as 

adopted in the Energy Policy Act of 

2005 (EPAct 2005). 

DATES: Comments are due March 30, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number by any of 

the following methods: 

• Agency Web Site: http://ferc.gov. 

Documents created electronically using 

word processing software should be 

filed in native applications or print-toPDF format and not in a scanned format. 

• Mail/Hand Delivery: Commenters 

unable to file comments electronically 

must mail or hand deliver an original 

and 14 copies of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street, NE., Washington, DC 20426. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Comment Procedures Section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Raymond Montini, Office of 

Enforcement, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8714. 

Raymond.Montini@ferc.gov. 

Christina Switzer (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–6379. 

Christina.Switzer@ferc.gov. 


jlentini on DSKJ8SOYB1PROD with NOTICES