Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Notices 60653

For the Department of Energy.

Andrew Bieniawski,

Acting Director, Office of International Policy

and Analysis, for Arms Control and

Nonproliferation, Office of Defense Nuclear

Nonproliferation.

[FR Doc. 00–26153 Filed 10–11–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

[Docket Nos. FE C&E 00–19, C&E 00–20,

C&E 00–21, C&E 00–22 and C&E 00–23

Certification Notice—190]

Office of Fossil Energy; Notice of

Filings of Coal Capability of Mesquite

Power, LLC, GenPower McAdams,

LLC, GenPower Dell, LLC, GenPower

Kelley, LLC and SRW Cogen. Ltd.

Partnership Powerplant and Industrial

Fuel Use Act

AGENCY: Office of Fossil Energy,

Department of Energy.

ACTION: Notice of filing.

SUMMARY: Mesquite Power, LLC,

GenPower McAdams, LLC, GenPower

Dell, LLC, GenPower Kelley, LLC and

SRW Cogen. Ltd. Partnership submitted

coal capability self-certifications

pursuant to section 201 of the

Powerplant and Industrial Fuel Use Act

of 1978, as amended.

ADDRESSES: Copies of self-certification

filings are available for public

inspection, upon request, in the Office

of Coal & Power Im/Ex, Fossil Energy,

Room 4G–039, FE–27, Forrestal

Building, 1000 Independence Avenue,

S.W., Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

Ellen Russell at (202) 586–9624.

SUPPLEMENTARY INFORMATION: Title II of

the Powerplant and Industrial Fuel Use

Act of 1978 (FUA), as amended (42

U.S.C. 8301 et seq.), provides that no

new baseload electric powerplant may

be constructed or operated without the

capability to use coal or another

alternate fuel as a primary energy

source. In order to meet the requirement

of coal capability, the owner or operator

of such facilities proposing to use

natural gas or petroleum as its primary

energy source shall certify, pursuant to

FUA section 201(d), to the Secretary of

Energy prior to construction, or prior to

operation as a base load powerplant,

that such powerplant has the capability

to use coal or another alternate fuel.

Such certification establishes

compliance with section 201(a) as of the

date filed with the Department of

Energy. The Secretary is required to

publish a notice in the Federal Register

that a certification has been filed. The

following owners/operators of the

proposed new baseload powerplants

have filed a self-certification in

acccordance with section 201(d).

Owner: Mesquite Power, LLC (C&E

00–19).

Operator: Mesquite Power, LLC.

Location: Maricopa County, AZ.

Plant Configuration: Combined-cycle.

Capacity: 1,000 MW.

Fuel: Natural gas.

Purchasing Entities: Sold into the

wholesale power market.

In-Service Date: Second quarter of

2003.

Owner: GenPower McAdams, LLC

(C&E 00–20).

Operator: General Electric

International, Inc.

Location: Attala County, Sallis, MS.

Plant Configuration: Combined-cycle.

Capacity: 640 MW.

Fuel: Natural gas

Purchasing Entities: Sold into the

wholesale power market.

In-Service Date: June 2002.

Owner: GenPower Dell, LLC (C&E 00–

21).

Operator: General Electric

International, Inc.

Location: Mississippi County, Dell,

AR.

Plant Configuration: Combined-cycle.

Capacity: 600 MW.

Fuel: Natural gas.

Purchasing Entities: Sold into the

wholesale power market.

In-Service Date: June 2002.

Owner: GenPower Kelley, LLC (C&E

00–22).

Operator: General Electric

International, Inc.

Location: Flat Creek Road, Quinton,

AL.

Plant Configuration: Combined-cycle.

Capacity: 1,086 MW.

Fuel: Natural gas.

Purchasing Entities: Sold into the

wholesale power market.

In-Service Date: Summer 2003.

Owner: SRW Cogeneration Limited

Partnership (C&E 00–23).

Operator: DuPont de Nemours and

Company.

Location: Orange, TX.

Plant Configuration: Combined-cycle.

Capacity: 421 MW.

Fuel: Natural gas.

Purchasing Entities: 50 MW by E.I.

DuPont de Nemours, and 250 MW by

PG&E Energy Trading-Power, L.P. The

balance (approx. 121 MW) will be sold

at market.

In-Service Date: August 2001.

Issued in Washington, D.C., October 5,

2000.

Anthony J. Como,

Deputy Director, Electric Power Regulation,

Office of Coal & Power Im/Ex, Office of Coal

& Power Systems, Office of Fossil Energy.

[FR Doc. 00–26154 Filed 10–11–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Control of Releases of Materials with

Residual Radioactive Contamination

from DOE Facilities

AGENCY: U.S. Department of Energy,

DOE.

ACTION: Notice of availability and

opportunity for public comment.

SUMMARY: In July 2000, DOE suspended

the unrestricted release of scrap metal

for recycling from radiological areas

within DOE facilities until

improvements in release criteria have

been developed and implemented. DOE

is proposing criteria for controlling the

release of materials with residual

radioactive contamination and

procedures for better management of

information concerning these releases.

The proposed criteria for the release of

scrap metal for recycling would require

that no radioactivity be detectable above

background using DOE-approved

measurement protocols prior to the

release from a DOE site.

DATES: The comment period will end on

December 4, 2000.

ADDRESSES: The proposed changes, the

January 12, 2000 memorandum, the July

13, 2000 memoranda, and other relevant

information will be available on the

World-Wide Web at http://

tis.eh.doe.gov/portal or at http://

www.eh.doe.gov/oepa under ‘‘Focus

Areas,’’ then select ‘‘DOE Directives

Development Initiative for the

Management and Release of Surplus

Materials,’’ and then ‘‘Public

Documents.’’ Hard copies are also

available from the persons listed below

under information contacts. You may

examine written comments between 9

AM and 4 PM at the U.S. Department of

Energy Freedom of Information Public

Reading Room, Room 1E–190, 1000

Independence Avenue, SW,

Washington, DC, 202–586–3142.

TO PROVIDE COMMENTS AND FOR FURTHER

INFORMATION CONTACT: Comments and

inquiries may be addressed to: Harold T.

Peterson, Jr., Tele. (202) 586–9640,

harold.peterson@hq.doe.gov or Stephen

L. Domotor,

stephen.domotor@hq.doe.gov, Tele.

(202) 586–0871.

60654 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Notices

Air, Water and Radiation Division,

Office of Environmental Policy and

Guidance, U.S. Department of Energy

(EH–41), 1000 Independence Avenue,

SW, Washington, DC 20585.

SUPPLEMENTARY INFORMATION:

I. Background

Under the Atomic Energy Act of 1954,

42 U.S.C. 2201, et seq., and other law,

the Department conducts atomic energy

defense and research and development

activities at various sites around the

Nation. These activities are carried out

by prime contractors who manage and

operate the sites pursuant to DOE

policies enforceable under the

provisions of the contracts and under

the oversight of DOE employees. A

standard provision of these prime

contracts is the Laws, Regulations and

Directives Clause which is set forth in

DOE’s Acquisition Regulation at title 48

of the Code of Federal Regulations. The

clause provides for an appendix which,

among other things, lists the DOE

administrative directives, including

DOE Orders, that are enforceable under

the contracts. DOE Order 5400.5,

Radiation Protection of the Public and

Environment, is one of those directives.

Today DOE is making available for

public comment proposed revisions to

that Order.

On January 12, 2000, the Secretary of

Energy issued a moratorium on the

Department’s release of volumetricallycontaminated metals pending a decision

by the Nuclear Regulatory Commission

(NRC) whether to establish national

standards. The NRC continues to review

the issue and the moratorium remains in

effect. At that time, the Secretary

created a task force to review the

Department’s policy on releasing

materials from DOE sites. The task force

reviewed past practices and made

recommendations for improving

monitoring, documentation, reporting

and coordination.

On July 13, 2000, the Secretary of

Energy issued a memorandum directing

the Assistant Secretary for Environment,

Safety and Health to revise DOE

directives and associated guidance

documents applicable to scrap metal

releases. The Secretary’s memorandum

directed action in four areas: (1)

Improvement of the Department’s

release criteria and monitoring

practices; (2) expansion of efforts to

promote reuse and recycling within the

complex of DOE facilities; (3)

improvement of the Department’s

management of information about

material inventories and releases; and

(4) the accelerated recovery of sealed

sources. The July 13th memorandum

also suspended the unrestricted release

for recycling of scrap metal from

radiological areas within DOE facilities.

This suspension will remain in effect

until improvements in DOE release

criteria and information management

have been developed and implemented.

The Secretary stated that DOE would

not allow the release of scrap metals for

recycling if contamination from DOE

operations is detected using

appropriate, commercially-available

monitoring equipment and approved

procedures.

The purpose of this notice is to solicit

public comment on two new chapters

(Chapters V and VI) to DOE Order

5400.5 that DOE developed to

implement this policy.

II. Questions and Answers Regarding

the Changes to the DOE Order 5400.5

A. What requirements did DOE Order

5400.5 place on releasing materials that

may have small quantities of radioactive

materials?

The current DOE policy for

controlling the release of materials is set

forth in the existing Order DOE 5400.5.

The Order requires, and will continue to

require in the proposed changes, the

establishment of DOE-approved

authorized limits for releases based on

the ALARA (‘‘As Low as is Reasonably

Achievable’’) process. For surface

activity, the radioactive materials can be

measured by conventional radiation

monitoring instruments and the levels

must be less than the Surface Activity

Guidelines in Figure IV.1 of DOE Order

5400.5 (reprinted as Table 1 in a

November 17, 1995 guidance

memorandum). The latter document, as

well as the full DOE Order 5400.5, is

available on the Office of Environmental

Policy and Guidance’s website: http://

www.eh.doe.gov/oepa under ‘‘Policy

and Guidance.’’ Select ‘‘Radiation

Protection (Atomic Energy Act)’’ from

the subject area listing. The existing

Order 5400.5 is item 20 and the

November 17, 1995 guidance

memorandum is item 8. For new

information supporting the revised

policy, such as the implementation

guidance, go to: ‘‘Focus Areas’’ and

‘‘DOE Directive Development Initiative

for the Management and Release of

Surplus Materials.’’

Under the current Order, authorized

limits for releases of surface

contaminated materials that conform to

these Surface Activity Guidelines can be

approved by a DOE Field Office.

Contractors develop these Authorized

Limits for DOE approval by following

the DOE ALARA process. The current

Order permits use of alternative limits

in place of these Surface Activity

Guidelines if they are reviewed and

approved by the Assistant Secretary for

Environment, Safety and Health.

In contrast to surface contamination,

property that contains radioactive

materials distributed throughout its

volume is generally more difficult to

measure and evaluate. In some cases,

samples of materials have to be taken for

laboratory analysis. DOE does not have

numerical guidelines on concentrations

of volumetrically-distributed radioactive

material that can be released. Under

DOE Order 5400.5, release of these

volumetrically contaminated materials

would require a case-by-case review and

approval by the Assistant Secretary for

Environment, Safety and Health.

However, under the moratorium of

January 12, 2000, volumetricallycontaminated metals cannot be released

until the moratorium is lifted by DOE.

The surface guideline values are

repeated in the Table VI–1 in the

proposed changes.

B. What does the Secretary’s new policy

require as reflected in the proposed

change to the DOE Order 5400.5?

The Secretary’s memorandum

requires improvements in the collection,

maintenance, reporting of information

associated with releases of surplus

equipment, scrap metals and other

excess personal property. The revised

release policy reflected in the proposed

change to the Order primarily affects

one class of materials—scrap metals that

were in a radiological area and are

intended to be recycled into general

commerce. The proposed change would

require that these metals exhibit no

detectable radioactivity content above

background prior to their release from a

DOE site (i.e., any residual radioactivity

cannot be detected above background

using DOE-approved measurement

protocols. DOE is preparing new

guidance to specify how to perform the

measurements necessary to demonstrate

‘‘no detectable activity.’’

C. Are the proposed changes new

requirements?

The proposed changes are generally

consistent with the existing version of

the Order as well as guidance and

implementation practices. This notice

reflects DOE’s intent to add two

chapters to Order 5400.5: (1) Chapter V,

Control and Release of Personal

Property Including Metals for Recycling,

contains requirements for personal

property management and specifically

addresses the Secretary’s policy to limit

the release of scrap metal for recycling

to metal that has no detectable residual

radioactive contamination and (2)

Chapter VI, General Requirements for

Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Notices 60655

the Release of Property, which contains

DOE’s general requirements for

controlling the release of property.

Chapter VI also includes existing

practices currently set forth in guidance

and proposed improvements in

monitoring, documentation and

information management.

The two new chapters place

additional emphasis on the public

availability of information, recordkeeping requirements and procedures

for implementing the additional

constraints established for recycled

metal. The major refinement contained

in the new chapters is the requirement

to base authorized limits for scrap

metals to be recycled on whether

radioactivity can be detected above

background using approved

measurement protocols.

III. Questions and Answers Concerning

Recycling of Metals

A. Can metal or equipment from a

radiological area be released for reuse

under the proposed restrictions?

Yes, in some cases. Equipment from a

radiological area may be released and

reused for its intended purpose or

released through current property

management systems for reuse. For

example, a machine tool may be reused

or sold for reuse as a tool as long as it

meets current surface release limits for

radiological materials as defined in

Order DOE 5400.5 and associated

guidance. Similarly, metal items may be

surveyed and released as long as they

are used in their present form. Both the

existing Order and the proposed

changes allow these results (so long as

it does not violate the moratorium).

Under the proposed changes, the key

factor in determining what is

permissible is whether the metal will be

melted and re-fabricated into new

products. All cases that involve remelting and remanufacturing of scrap

metal released from radiological areas

are considered to be recycling and

would have to conform to the new

proposed standard on non-detectable

activity above background prior to

release, unless the new product is to be

used within the DOE complex or under

an NRC or NRC Agreement State

license.

B. What will DOE’s responsibility be to

assure that material or equipment sold

is used for its intended purpose and not

remelted as scrap?

The proposed changes allow scrap

metal that does not meet the nondetectable release criterion to be

released only for restricted recycling

with a designated use (such as waste

containers), if the scrap metal meets

approved authorized limits and there is

reasonable assurance that the property

will not be recycled into general

commerce. Extensive documentation is

required including a description of any

restrictions on use or disposition of the

property and the specific process or

means that provide a reasonable

expectation that the restrictions or

controls will be implemented.

C. May a DOE contractor release

radioactive contaminated scrap metal to

an NRC licensee?

DOE contractors may not transfer

scrap metal to an NRC (or Agreement

State) licensee or to another DOE facility

for the purpose of releasing the metal for

recycling into commerce by the licensee

unless that scrap metal meets the zerodetectable activity release criterion at

the time that it is released from the DOE

site.

D. May a DOE contractor transfer

suspect contaminated materials to an

NRC (or Agreement State) licensee for a

purpose other than recycling into

general commerce?

Materials and equipment may be

transferred to an NRC (or Agreement

State) licensee in accordance with any

license provisions. Metal may be

transferred to an NRC or Agreement

State licensee for use other than

recycling if the material is properly

surveyed and it meets the applicable

DOE authorized release limit. If the

material is not going to be recycled into

general commerce and it will be used

within the licensee’s facility, then it has

to meet any possession limits placed on

the recipient by the NRC or an NRC

Agreement State, but is not required to

meet the non-detectable release

criterion.

E. What effect does the January 12, 2000

moratorium on the release of

volumetrically contaminated metals

have on the proposed changes?

On January 12, 2000, the Secretary

issued a moratorium prohibiting the

Department’s release of volumetrically

contaminated metals pending a decision

by the NRC whether to establish

national standards. The NRC continues

to review the issue and the moratorium

remains in effect. While the proposed

changes to the Order continue to allow

the release of DOE materials under

various criteria, DOE may not release

volumetrically contaminated metals

under either the proposed changes or

the current Order until the ban is lifted.

F. What effect do the proposed changes

have on the July 13, 2000 suspension of

release of recycled scrap metal?

On July 13, 2000, the Secretary

suspended the unrestricted release of

scrap metals for recycling from radiation

areas within DOE facilities until

improvements in DOE release criteria

and information management have been

developed and implemented. The

Secretary stated that upon certification

that each DOE site has met all the

requirements of the revised order and

has a local public participation program,

sites may resume unrestricted release of

scrap metals for recycling. Adoption of

the proposed changes is an essential

element in satisfying the criteria for

lifting the suspension.

IV. What New Implementation

Programs and Procedures are

Required?

DOE’s Office of Environment, Safety

and Health, through its Office of

Environmental Policy and Guidance

(EH–41) has developed these additional

chapters and modifications to Order

DOE 5400.5 to implement the

Secretary’s policy. The proposed

changes would require contractors

operating DOE facilities to have a

program and procedures in place to

ensure that: (1) Metal released for

recycling contains no detectable

residual radioactive contamination, (2)

the release of all property from DOE

control meets DOE radiation protection

requirements, and (3) releases of surplus

equipment, scrap metal and other excess

personal property are appropriately

documented, reported, certified and

verified so that the public has full

access to information relating to such

releases.

A. How is DOE improving release

criteria and monitoring?

Although these concepts were

implicitly part of the existing release

clearance process, they would become

explicitly part of the new procedures in

the proposed Chapter VI. This more

clearly presents the process and criteria

for establishing authorized limits and

provides more specific guidance on

survey and monitoring procedures.

Information on responsibilities for

surveying, certifying and carrying out

independent verification is also

contained in the proposed new

chapters. The procedures in the

proposed new chapters would require

more detailed documentation of the

establishment of authorized limits,

survey and verification measurements

and the certification of releases.

60656 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Notices

1 92 FERC 61,173 (2000).

B. How will the new procedures improve

information management?

Chapter V would require that the

process of implementing these new

requirements be coordinated with the

public and that this coordination be

integrated into existing site public

advisory and coordination activities.

Although public information programs

have been in existence for some time at

DOE sites, these new requirements

would require that this information be

available to the public. DOE proposes to

make available an annual summary

report of property released under these

requirements at each site. DOE is also

proposing to require that the authorized

limits used for materials releases, the

quantities released, and summaries of

the certification and verification

information be summarized in the

annual site environmental reports

(ASERs).

V. Topics on Which Public Comment is

Sought

1. Comments are sought on how the

economic value of the metal should be

factored into a decision regarding its

disposition?

2. Comments are solicited on both on

the desirable and attainable sensitivity

of radiation monitoring devices

including survey meters, portable

spectrometers, bulk measurement

detectors, and truckload monitors.

Information on the cost of monitors

would also be useful.

Signed this 5th day of October 2000.

David Michaels,

Assistant Secretary, Environment, Safety and

Health.

[FR Doc. 00–26155 Filed 10–11–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RP99–301–007]

ANR Pipeline Company; Notice of

Proposed Changes in FERC Gas Tariff

October 5, 2000.

Take notice that on October 2, 2000,

ANR Pipeline Company (ANR) tendered

for filing as part of its FERC Gas Tariff,

Second Revised Volume No. 1, the

following tariff sheets proposed to

become effective October 1, 2000:

Original Sheet No. 14Q

ANR is filing the attached tariff sheet

to reflect the implementation of a

negotiated rate agreement with

Anadarko Energy Services Company for

service under Rate Schedule PTS–3.

Anadarko’s new agreement will be

effective October 1, 2000, and will

continue through the life of the reserve

underlying such agreement. ANR

requests that the Commission grant ANR

any waivers of the Commission’s

regulations which are necessary in order

to make this tariff sheet effective as of

October 1, 2000, and to the extent

necessary, moves pursuant to 18 CFR

154.7(a)(9) for the tariff sheet to go into

effect on said date. Additionally, ANR

requests all such further relief as is

appropriate.

ANR states that a copy of this filing

is being mailed to the affected shipper

and to each of ANR’s FERC Gas Tariff,

Second Revised Volume No. 1 and

Original Volume No. 2 customers, and

interested State Commissions.

Any person desiring to protest said

filing should file a protest with the

Federal Energy Regulatory Commission,

888 First Street, N.E., Washington, DC

20426, in accordance with section

385.211 of the Commission’s Rules and

Regulations. All such protests must be

filed in accordance with section 154.210

of the Commission’s Regulations.

Protests will be considered by the

Commission in determining the

appropriate action to be taken, but will

not serve to make protestants parties to

the proceedings. Copies of this filing are

on file with the Commission and are

available for public inspection in the

Public Reference Room. This filing may

be viewed on the web at http://

www.ferc.fed.us/online/rims.htm (call

202–208–2222 for assistance).

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–26125 Filed 10–11–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RP00–374–000]

Columbia Gas Transmission Corp.,

Notice of Technical Conference

October 5, 2000

In the Commission’s order issued on

August 23, 2000,1 the Commission

directed that a technical conference be

held to address issues raised by the

filing.

A technical conference was held on

Thursday, September 14, 2000. At that

conference the parties indicated that

another conference is warranted.

Take notice that the technical

conference will be held on Tuesday,

October 17, 2000, at 10 a.m., in a room

to be designated at the offices of the

Federal Energy Regulatory Commission,

888 First Street, NE, Washington, DC

20426.

All interested parties and Staff are

permitted to attend.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–26127 Filed 10–11–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. CP00–472–000]

Destin Pipeline Company, L.L.C.;

Notice of Request Under Blanket

Authorization

October 5, 2000.

Take notice that on September 29,

2000, Destin Pipeline Company, L.L.C.

(Destin), 1301 McKinney Street, Suite

700, Houston, Texas 77010, filed in

Docket No. CP00–472–000 a request

pursuant to §§ 157.205 and 157.208(b)

of the Commission’s Regulations (18

CFR 157.205 and 157.208(b)) under the

Natural Gas Act (NGA), and Destin’s

blanket certificate issued in Docket No.

CP96–657–000 and –001, for

authorization to construct, own, install,

and operate an offshore supply lateral

line and associated facilities to receive

and transport natural gas produced in

the Viosca Knoll Area of the Gulf of

Mexico, pursuant to Section 7 of the

NGA, all as more fully set forth in the

application which is on file with the

Commission and open to public

inspection. This filing may be viewed

on the FERC website at http://

www.ferc.fed.us/online/htm (call 202–

208–2222 for assistance).

The lateral line (the ‘‘Pompano

Project’’) which is the subject of this

request will consist of 8.03 miles of 16-

inch diameter pipeline to connect the

Pompano Platform in Viosca Knoll

Block 989 to a subsea tie-in on the

Destin pipeline in Viosca Knoll Block

900. Destin will also construct and

operate a receipt point with pig

launcher, measurement and SCADA

equipment to complete the connection

with the Pompano Platform. The

facilities will have the capability of

transporting up to 200 million cubic feet

of natural gas per day at a maximum

allowable operating pressure of 2,220

pounds per square inch (gauge). Destin

estimates the cost of the project to be