[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Notices]
[Pages 15737-15739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8402]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-9]


Department of Energy Issuance of Environmental Assessment and 
Finding of No Significant Impact Regarding The Transfer of The 
Materials License SNM-2504 and Subsequent License Amendment For The 
Fort St. Vrain Independent Spent Fuel Storage Installation From The 
Public Service Company of Colorado to The U.S. Department of Energy

    The Nuclear Regulatory Commission is considering the issuance of an 
order approving an application from the U.S. Department of Energy, 
Idaho Operations Office (the applicant or DOE-ID) dated December 17, 
1996, as supplemented February 4, 5, and 18, and March 12 and 13, 1997, 
for the transfer of Materials License SNM-2504 and subsequent license 
amendment, under the provisions of 10 CFR Part 72. In its application, 
DOE-ID included the ``Environmental Report for the Fort St. Vrain 
Independent Spent Fuel Storage Installation'' (December 1996).

Environmental Assessment

Identification of the Proposed Action

    The applicant is seeking NRC approval to take possession of spent 
nuclear fuel and other radioactive materials associated with spent 
nuclear fuel storage presently in the possession of the Public Service 
Company of Colorado (PSCo) at its Fort St. Vrain (FSV) independent 
spent fuel storage installation (ISFSI) located in Weld County, 
Colorado, and to own and operate the FSV ISFSI. The transfer of an 
ISFSI license is subject to NRC approval under 10 CFR 72.50, ``Transfer 
of License.'' Pursuant to the provisions of 10 CFR Part 72, the term of 
the license for the ISFSI would remain as is currently licensed, and 
the license would expire on November 30, 2011. If the application for 
transfer is approved, the Commission will issue an order consenting to 
the transfer. The NRC is also considering an amendment to the materials 
license to reflect DOE-ID as the new licensee for the FSV ISFSI and the 
addition of revised Appendices A, B, and C to the license.

[[Page 15738]]

    After the transfer of the license and subsequent license amendment, 
DOE will be responsible for all activities at the FSV ISFSI, including, 
but not limited to, operations, maintenance, surveillance, emergency 
response, environmental and radiological monitoring, training, and 
security.

Need for the Proposed Action

    DOE-ID applied for a transfer of Materials License SNM-2504 from 
PSCo to DOE. Materials License SNM-2504 authorizes PSCo to receive, 
handle, possess, and store spent nuclear fuel elements from the FSV 
High-Temperature Gas-Cooled Reactor (HTGR) in the FSV ISFSI. The 
authorized place of use is the FSV ISFSI located on a tract of land 
adjacent to the former FSV Nuclear Generating Station, located in Weld 
County, Colorado, near the town of Platteville, Colorado.
    The FSV HTGR was built and operated as an advanced reactor concept 
with cooperation between U.S. Atomic Energy Commission (AEC), Gulf 
General Atomic, and PSCo. In 1980, DOE agreed to take title to eight 
fuel segments from the FSV HTGR. DOE also agreed that, in the sole 
discretion of DOE and under certain conditions, DOE would accept 
additional spent fuel elements without further adjustment to the 
contract. Fuel segments 1 through 3 were received by Idaho National 
Engineering Laboratory (INEL): segment 1 in 1980; segment 2 in 1982; 
and segment 3 in 1984 and 1986. (Note: Recently, the laboratory's name 
was changed to Idaho National Engineering and Environmental Laboratory 
or INEEL. For the purposes of this assessment, the term INEL will be 
used rather than INEEL.)
    Due to operational difficulties, the reactor was permanently shut 
down in August 1989. PSCo decided to decontaminate and decommission the 
reactor facility and terminate the 10 CFR Part 50 license. PSCo 
successfully negotiated with DOE for INEL to receive the remaining FSV 
fuel. However, after three shipments of the FSV spent fuel to INEL, the 
Governor of the State of Idaho prohibited DOE from receiving any 
subsequent shipments of the FSV fuel. As interim storage for the spent 
nuclear fuel, PSCo selected a modular vault dry storage system (MVDSS) 
designed by GEC Alsthom Engineering Systems, LTD., and licensed by 
Foster Wheeler Energy Corporation, Energy Applications Division 
(formerly Foster Wheeler Energy Applications, Inc.). On November 4, 
1991, NRC issued to PSCo a 20-year license to receive, possess, store, 
and transfer FSV spent nuclear fuel to the ISFSI. PSCo began loading 
the ISFSI with fuel on December 26, 1991, and completed loading on June 
10, 1992.
    In December 1995, DOE notified the NRC of its intent to purchase 
the FSV ISFSI from PSCo, take title to the spent fuel, and transfer 
Materials License SNM-2504 from PSCo to DOE. On February 9, 1996, DOE 
and PSCo signed an Agreement in Principle stating that DOE took 
immediate title to the spent nuclear fuel stored in the FSV ISFSI and 
that PSCo would manage the ISFSI in accordance with SNM-2504, at DOE 
expense, until the license could be transferred from PSCo to DOE.
    Therefore, DOE currently has title to the FSV spent fuel stored in 
the ISFSI. DOE has agreed to purchase the ISFSI from PSCo and assume 
responsibility for the operation (including in-situ receipt of the 
spent nuclear fuel and high-level waste contents, storage, handling, 
retrieval, and transfer, thereof), maintenance, and decommissioning of 
the FSV ISFSI. Transferring Materials License SNM-2504 from PSCo to DOE 
is needed so that the responsibility for the continued, safe operation 
of the FSV ISFSI lies with DOE as owner of the fuel and ISFSI.

Environmental Impacts of the Proposed Action

    The environmental impacts to the FSV site have been analyzed in 
previous evaluations. In August 1972, the AEC issued the ``Final 
Environmental Statement Related to the Operation of Fort St. Vrain 
Nuclear Generating Station.'' In February 1991, the NRC issued the 
Environmental Assessment Related to the Construction and Operation of 
the Fort St. Vrain Independent Spent Fuel Storage Installation,'' which 
specifically evaluated the environmental impacts related to the 
construction and operation of the FSV ISFSI. This environmental 
assessment concluded that the FSV ISFSI would not significantly affect 
the quality of the human environment. Moreover, in November 1992, the 
``Environmental Assessment Regarding Order Authorizing Decommissioning 
of Fort St. Vrain Nuclear Generating Station,'' was issued which 
covered decommissioning activities at the facility, and this assessment 
was issued after the Materials License SNM-2504 was granted (November 
4, 1991).
    The proposed action is administrative and procedural in nature, and 
as such, there are no associated environmental impacts beyond those 
previously considered. To ensure that the environmental monitoring 
program is acceptable, DOE-ID's proposed environmental monitoring 
program and implementation of that program will be assessed and 
documented in the NRC staff's safety evaluation report in accordance 
with 10 CFR 72.44(d)(2). DOE will need to demonstrate that its program 
is comparable to the PSCo program.
    The proposed action will not increase the probability or 
consequences of accidents, will not increase the possibility of a 
different type of accident, and will not decrease the margin of safety. 
There are no changes being made in the types of any effluents that may 
be released offsite, and there is no significant increase in the 
allowable or cumulative occupational radiation exposure. Accordingly, 
the Commission concludes that there are no significant environmental 
impacts associated with the proposed action.
    Moreover, it does not affect non-radiological plant effluents and 
has no other environmental impact. Accordingly, the Commission 
concludes that there are no significant non-radiological environmental 
impacts associated with the proposed action.

Alternatives to the Proposed Action

    Since the Commission has concluded there is no measurable 
environmental impact associated with the proposed action, any 
alternatives with equal or greater environmental impact need not be 
evaluated. As an alternative to the proposed action, the staff 
considered denial of the proposed action. 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.
    With the alternative of no action or denial of the application, 
PSCo would retain ownership of Materials License SNM-2504 and be 
responsible for the continued operation and maintenance of the ISFSI 
while DOE has title to the fuel. This alternative gives one 
organization responsibility under the license for the radioactive 
material owned by another organization. Therefore, the proposed action 
is preferable because the organization that owns the spent nuclear fuel 
would have responsibility under license for its possession.

Alternative Use of Resources

    This action does not involve the use of any resources not 
previously considered in the ``Final Environmental Impact Statement 
Related to the Operation of Fort St. Vrain Nuclear Generating Station'' 
(August 1972), and the ``Environmental Assessment Related to the 
Construction and Operation of the Fort St. Vrain Independent Spent Fuel 
Storage Installation'' (February 1991).

[[Page 15739]]

List of Agencies and Persons Consulted

    The Director of the Laboratory and Radiation Services Division of 
the Colorado Department of Public Health and Environment was consulted 
about the EA for the proposed action. This organization had no comments 
on the proposed action.
    During a public meeting held on February 20, 1997, the DOE and PSCo 
staffs were consulted regarding the environmental monitoring program.
References used in preparation of the EA:
    1. DOE-ID License Transfer Application, including the 
Decommissioning Plan, Emergency Plan, Environmental Report, Quality 
Assurance Requirements and Description, and Technical Specifications, 
dated December 17, 1996, as supplemented February 4, 5, and 18, and 
March 12 and 13, 1997.
    2. NRC, ``Environmental Assessment Regarding Order Authorizing 
Decommissioning of Fort St. Vrain Nuclear Generating Station,'' dated 
November 1992.
    3. NRC, ``Environmental Assessment Related to the Construction and 
Operation of the Fort St. Vrain Independent Spent Fuel Storage 
Installation,'' dated February 1991.
    4. AEC, ``Final Environmental Statement Related to the Operation of 
Fort St. Vrain Nuclear Generating Station,'' dated August 1972.
    5. NRC, 10 CFR Part 20, ``Standards for Protection Against 
Radiation.'
    6. NRC, 10 CFR Part 51, ``Environmental Protection Regulations for 
Domestic Licensing and Related Regulatory Functions.''

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. The 
staff has determined that the proposed action of transferring Materials 
License SNM-2504 from PSCo to DOE and the subsequent license amendment 
will not significantly impact the quality of the environment. 
Therefore, an environmental impact statement is not warranted, and 
pursuant to 10 CFR 51.31, a Finding of No Significant Impact is 
appropriate.
    Based upon the EA, the Commission concludes that the proposed 
action will not have a significant effect on the quality of the human 
environment. Accordingly, the Commission has determined not to prepare 
an EIS for the proposed action.
    For further details with respect to this action, see the 
application dated December 17, 1996, as supplemented February 4, 5, and 
18, and March 12 and 13, 1997, which is available for public inspection 
at the Commission's Public Document Room, 2120 L Street, NW, 
Washington, DC 20555, and at the Local Public Document Room at the Weld 
Library District, Lincoln Park Branch, 919 7th Street, Greeley, 
Colorado 80631.

    Dated at Rockville, Maryland, this 26th day of March 1997.

    For the U.S. Nuclear Regulatory Commission.
William F. Kane,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 97-8402 Filed 4-1-97; 8:45 am]
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