Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 57331 

utilize the alternate source term as 

allowed in Title 10 of the Code of 

Federal Regulations, part 50, section 67 

for reanalysis of the radiological 

consequences of the Updated Final 

Safety Analysis Report Chapter 15 

accidents for St. Lucie Unit 2. 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on October 28, 

2003 (68 FR 61479). The Commission 

approved portions of the requested 

amendment as part of Amendment 138 

to Facility Operating License No. NPF–

16 on January 31, 2005. The Notice of 

Issuance was published in the Federal 

Register on February 15, 2005 (70 FR 

7772). However, by letter dated August 

11, 2005, the licensee withdrew the 

remaining portions of the proposed 

change that had not been approved in 

Amendment 138. 

For further details with respect to this 

action, see the application for 

amendment dated September 18, 2003, 

and the licensee’s letter dated August 

11, 2005, which withdrew the 

application for license amendment. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area 01 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the Agencywide Documents 

Access and Management Systems 

(ADAMS) Public Electronic Reading 

Room on the internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/ 

adams/html. 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 pdr@nrc.gov. 

Dated at Rockville, Maryland, this 22nd 

day of September 2005. 

For the Nuclear Regulatory Commission. 

Brendan T. Moroney, 

Project Manager, Section 2, Project 

Directorate II, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E5–5329 Filed 9–29–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–335] 

Florida Power And Light Company; 

Notice of Withdrawal of Application for 

Amendment to Facility Operating 

License 

The U.S. Nuclear Regulatory 

Commission (the Commission) has 

granted the request of Florida Power 

and Light Company (the licensee) to 

withdraw its September 18, 2003, 

application for a proposed amendment 

to Facility Operating License No. DPR–

67 for the St. Lucie Plant, Unit No. 1, 

located in St. Lucie County, Florida. 

The proposed amendment would 

have revised the licensing bases to 

utilize the alternate source term as 

allowed in Title 10 of the Code of 

Federal Regulations, part 50, section 67 

for reanalysis of the radiological 

consequences of the Updated Final 

Safety Analysis Report Chapter 15 

accidents for St. Lucie Unit 1. 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on October 28, 

2003 (68 FR 61477). However, by letter 

dated August 11, 2005, the licensee 

withdrew the proposed change. 

For further details with respect to this 

action, see the application for 

amendment dated September 18, 2003, 

and the licensee’s letter dated August 

11, 2005, which withdrew the 

application for license amendment. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area 01 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the Agencywide Documents 

Access and Management Systems 

(ADAMS) Public Electronic Reading 

Room on the internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/ 

adams/html. 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 pdr@nrc.gov. 

Dated at Rockville, Maryland, this 22nd 

day of September 2005. 

For the Nuclear Regulatory Commission. 

Brendan T. Moroney, 

Project Manager, Section 2, Project 

Directorate II, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E5–5330 Filed 9–29–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–11241] 

Notice of Environmental Assessment 

Related to the Issuance of a License 

Termination Amendment to Byproduct 

Material License No. 22–00027–06, for 

St. Mary’s University of Minnesota, 

Winona, MN 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

George M. McCann, Senior Health 

Physicist, Decommissioning Branch, 

Division of Nuclear Materials Safety, 

Region III, U.S. Nuclear Regulatory 

Commission, 2443 Warrenville Road, 

Lisle, Illinois 60532–4352; telephone: 

(630) 829–9856; or by email at 

gmm@nrc.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Nuclear Regulatory Commission (NRC) 

is considering the issuance of an 

amendment to NRC Materials License 

No. 22–00027–06, which would 

terminate St. Mary’s University of 

Minnesota’s NRC Byproduct Material 

License. The NRC has prepared an 

Environmental Assessment in support 

of this action in accordance with the 

requirements of 10 CFR Part 51. Based 

on the Environmental Assessment, the 

NRC has determined that a Finding of 

No Significant Impact is appropriate. 

The amendment terminating St. Mary’s 

University of Minnesota’s license will 

be issued following the publication of 

this Environmental Assessment and 

Finding of No Significant Impact. 

I. Environmental Assessment 

Identification of Proposed Action 

The proposed action would approve 

the licensee’s request to terminate its 

license and release the site for 

unrestricted use in accordance with 10 

CFR Part 20, Subpart E. The proposed 

action is in accordance with St. Mary’s 

University of Minnesota’s request to the 

U.S. Nuclear Regulatory Commission 

(NRC) to terminate its NRC Byproduct 

57332 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 

Material License by letters dated 

January 10, 2005 (ADAMS Accession 

No. ML050140064), and July 18, 2005 

(ADAMS Accession No. ML052290386). 

St. Mary’s University of Minnesota was 

licensed during the late 1950s by the 

U.S. Atomic Energy Commission by 

License Numbers 22–27–03D60, 22–27–

04C65, and 22–00027–05, to use 

byproduct materials such as 

phosphorus-32, carbon-14, hydrogen-3, 

cesium-137, strontium-90, and other 

similar radiological materials for 

university laboratory research and 

student classroom instruction. These 

licenses were subsequently terminated 

and superceded by NRC License No. 22–

00027–06, issued to the university on 

May 19, 1975. 

The university used the byproduct 

material in research laboratories, 

student classrooms, and radiological 

material preparation and storage areas 

located in the university’s Brothers 

Charles and Hoffman Halls, located on 

its Winona Campus. The isotopes were 

used by authorized academic staff for 

research applications, and for the 

instruction of university students in 

related sciences. The radioisotopes were 

used and disposed in accordance with 

AEC/NRC regulations and license 

conditions. The disposal included one 

September 17, 1977, onsite burial of a 

small quantity of strontium-90 and 

cobalt-60, which was authorized 

pursuant to Title 10, Code of Federal 

Regulations (CFR), Part 20, Section 

20.304 (rescinded in 1981). 

The licensee requested that the NRC 

approve the termination of the 

university’s NRC Byproduct Material 

License, which would authorize the 

unrestricted use of research laboratories, 

student classrooms, radioisotope storage 

and preparation areas, and the former 

burial area, all located on St. Mary’s of 

Minnesota’s, Winona, Minnesota 

campus. The licensee conducted 

surveys of the facility and provided this 

information to the NRC to demonstrate 

that the radiological conditions of the 

laboratories, former preparation and 

storage areas, and classrooms located in 

Brothers Charles and Hoffman Halls, 

and the former burial area is consistent 

with radiological criteria for 

unrestricted use in 10 CFR Part 20, 

Subpart E. No radiological remediation 

activities are required to complete the 

proposed action. The NRC completed a 

closeout inspection and survey of the 

licensee’s facilities on August 17, 2005, 

NRC Inspection Report No. 030–11241/ 

05–001(DNMS) (ADAMS Accession No. 

ML052340785) to conduct independent 

radiological surveys and to verify the 

licensee’s survey findings. 

Need for the Proposed Action 

The licensee is requesting this license 

amendment because it no longer plans 

to conduct NRC-licensed activities at St. 

Mary’s University of Minnesota. The 

NRC is fulfilling its responsibilities 

under the Atomic Energy Act to make a 

decision on the proposed action for 

decommissioning that ensures that 

residual radioactivity is reduced to a 

level that is protective of the public 

health and safety and the environment. 

Environmental Impacts of the Proposed 

Action 

The NRC staff reviewed the 

information provided and surveys 

performed by St. Mary’s University of 

Minnesota to demonstrate that the 

release of the university’s facilities 

located at its Winona, Minnesota 

campus are consistent with the 

radiological criteria for unrestricted use 

specified in 10 CFR 20.1402. The NRC 

performed a closeout inspection and 

survey to confirm the university’s 

findings. The NRC staff also evaluated 

the 10 CFR 20.304 burial using the 

Argonne National Laboratories’ dose 

modeling program, RESRAD Version 6, 

and determined that the annual dose as 

a result of the burial is less than 1 

millirem per year (mrem/yr), which is 

below the limit in 10 CFR 20.1402 of 25 

mrem/yr for unrestricted use. 

Based on its review, the staff 

determined that the radiological 

environmental impacts from the 

proposed action for university buildings 

are bounded by the ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG–

1496). Additionally, no non-radiological 

or cumulative impacts were identified. 

Therefore, the NRC has determined that 

the proposed action will not have a 

significant effect on the quality of the 

human environment. 

Alternatives to the Proposed Action 

The only alternative to the proposed 

action of releasing the university’s 

facilities for unrestricted use is to take 

no action. Under the no-action 

alternative, the university’s facilities 

would remain under an NRC license 

and would not be released for 

unrestricted use. Denial of the license 

amendment request would result in no 

change to current conditions at the 

university. The no-action alternative is 

not acceptable because it is inconsistent 

with the NRC’s Timeliness Rule, 10 CFR 

Part 30.36 ‘‘Expiration and Termination 

of Licenses and Decommissioning of 

Sites and Separate Buildings or Outdoor 

Areas,’’ which requires licensees who 

have ceased licensed activities to 

request termination of their radioactive 

material license. This alternative also 

would impose an unnecessary 

regulatory burden and limit potential 

benefits from future use of the 

university’s facilities. 

Conclusion 

The NRC staff concluded that the 

proposed action is consistent with the 

NRC unrestricted release criteria 

specified in 10 CFR Part 20, Subpart E, 

Section 20.1402, ‘‘Radiological Criteria 

for Unrestricted Use.’’ Because the 

proposed action will not significantly 

impact the quality of the human 

environment, the NRC staff concludes 

that the proposed action is the preferred 

alternative. 

Agencies and Persons Consulted 

The NRC staff has determined that the 

proposed action will not affect listed 

species or critical habitats. Therefore, no 

further consultation is required under 

Section 7 of the Endangered Species 

Act. Likewise, the NRC staff has 

determined that the proposed action is 

not a type of activity that has potential 

to cause effect on historic properties. 

Therefore, consultation under Section 

106 of the National Historic 

Preservation Act is not required. 

The NRC consulted with the 

Minnesota Department of Health. The 

Minnesota Department of Health, 

Radiation Control Unit, was provided 

the draft EA for comment on August 22, 

2005. The State responded to the NRC 

by letter dated September 7, 2005, 

indicating, ‘‘The Minnesota Department 

of Health (MDH) has reviewed the U.S. 

Nuclear Regulatory Commission’s 

closeout inspection report for St. Mary’s 

University of Minnesota. In addition, 

MDH has discussed the findings with 

NRC Region III staff. Based on a review 

of the closeout inspection report and 

our additional discussions, MDH has no 

comments or concerns.’’

II. Finding of No Significant Impact 

On the basis of the EA in support of 

the proposed license amendment to 

release the site for unrestricted use, the 

NRC has determined that the proposed 

action will not have a significant effect 

on the quality of the human 

environment. Thus, the NRC has 

determined not to prepare an 

environmental impact statement for the 

proposed action. 

Further Information 

A copy of this document will be 

available electronically for public 

inspection in the NRC Public Document 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices 57333 

1Copies are available at current rates from the 

U.S. Government Printing Office, P.O. Box 37082, 

Washington, DC 20402–9328 (telephone (202) 512–

1800); or from the National Technical Information 

Service at 5285 Port Royal Road, Springfield, VA 

22161; http://www.ntis.gov; or (703) 487–4650. 

Copies are available for inspection or copying for 

a fee from the NRC’s Public Document Room at 

11555 Rockville Pike, Rockville, MD; the PDR’s 

mailing address is USNRC PDR, Washington, DC 

20555; telephone (301) 415–4737 or (800) 397–

4209; fax (301) 415–3548; or e-mail PDR@nrc.gov. 

These documents are also available electronically 

through the NRC’s public Web site at http:// 

www.nrc.gov/reading-rm/doc-collections/nuregs/ 

staff/. 

2Copies are available at current rates from the 

U.S. Government Printing Office, P.O. Box 37082, 

Washington, DC 20402–9328 (telephone (202) 512–

1800); or from the National Technical Information 

Service at 5285 Port Royal Road, Springfield, VA 

22161; http://www.ntis.gov; or (703) 487–4650. 

Copies are available for inspection or copying for 

a fee from the NRC’s Public Document Room at 

11555 Rockville Pike, Rockville, MD; the PDR’s 

mailing address is USNRC PDR, Washington, DC 

20555; telephone (301) 415–4737 or (800) 397–

4209; fax (301) 415–3548; or e-mail PDR@nrc.gov. 

These documents are also available electronically 

through the NRC’s public Web site at http:// 

www.nrc.gov/reading-rm/doc-collections/nuregs/ 

staff/. 

3Copies are available for inspection or copying 

for a fee from the NRC’s Public Document Room at 

11555 Rockville Pike, Rockville, MD; the PDR’s 

mailing address is USNRC PDR, Washington, DC 

20555; telephone (301) 415–4737 or (800) 397–

4209; fax (301) 415–3548; e-mail PDR@nrc.gov. 

Revision 5 of NEI 95–10 is also available through 

the NRC’s license renewal Web page at http:// 

www.nrc.gov/reactors/operating/licensing/renewal/ 

guidance.html#nuclear, and through the NRC’s 

Agencywide Documents Access and Management 

System (ADAMS) at http://www.nrc.gov/readingrm/adams.html, under Accession No. 

ML050280113. Note, however, that the NRC has 

temporarily limited public access to ADAMS so that 

the agency can complete security reviews of 

publicly available documents and remove 

potentially sensitive information. Please check the 

NRC’s Web site for updates concerning the 

resumption of public access to ADAMS. 

Room or from the Publicly Available 

Records (PARS) component of the 

NRC’s document system. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The following references are 

available for inspection at NRC’s Public 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/adams.html 

(the Public Electronic Reading Room). 

1. Rademacher, Brother Jerome, 

Chairman, Department of Physics, 

Radiation Safety Officer, St. Mary’s 

University of Minnesota, January 10, 

2005 letter to the NRC (ML050140064). 

2. Rademacher, Brother Jerome, 

Chairman, Department of Physics, 

Radiation Safety Officer, St. Mary’s 

University of Minnesota, July 18, 2005 

letter to the NRC (ML052290386). 

3. U.S. Nuclear Regulatory 

Commission, ‘‘Environmental Review 

Guidance for Licensing Actions 

Associated with NMSS Programs,’’

NUREG–1748, August 2003. 

4. NRC, NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance,’’

Volumes 1–3, September 2003. 

5. Johns, Jr., George F., Supervisor, 

Radiation Control Unit, Minnesota 

Department of Health, September 7, 

2005 letter to the NRC (ML052560161). 

If you do not have access to ADAMS 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

reference staff at (800) 397–4209, (301) 

415–4737 or by email to pdr@nrc.gov. 

Documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Lisle, Illinois, this 19th day of 

September 2005. 

For the Nuclear Regulatory Commission, 

Jamnes L. Cameron, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety Region III. 

[FR Doc. 05–19647 Filed 9–29–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Final Regulatory Guide: Issuance, 

Availability 

The U.S. Nuclear Regulatory 

Commission (NRC) has issued a revision 

to an existing guide in the agency’s 

Regulatory Guide Series. This series has 

been developed to describe and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

Revision 1 of Regulatory Guide 1.188, 

entitled ‘‘Standard Format and Content 

for Applications To Renew Nuclear 

Power Plant Operating Licenses,’’

describes a method that the NRC staff 

finds acceptable for complying with the 

agency’s regulatory requirements in 

Title 10, Part 54, of the Code of Federal 

Regulations (10 CFR part 54), 

‘‘Requirements for Renewal of Operating 

Licenses for Nuclear Power Plants’’

(commonly known as the license 

renewal rule). Specifically, 10 CFR part 

54 specifies the information that a 

nuclear power plant licensee must 

include in its application to renew an 

operating license issued by the NRC. 

The NRC initially issued Regulatory 

Guide 1.188 in July 2001, after soliciting 

and resolving public comments on three 

draft regulatory guides (DG–1104 in 

August 2000, DG–1047 in August 1996, 

and DG–1009 in December 1990). As 

such, Regulatory Guide 1.188 

incorporated lessons learned from the 

review of license renewal applications 

and Owners Group topical report 

reviews. The guide also incorporated 

relevant information from development 

of the ‘‘Standard Review Plan for the 

Review of License Renewal 

Applications for Nuclear Power Plants’’

(SRP–LR) (NUREG–1800),1 and the 

‘‘Generic Aging Lessons Learned (GALL) 

Report’’ (NUREG–1801),1 as well as a 

summary of public comments received 

on those documents (NUREG–1832, 

‘‘Analysis of Public Comments on the 

Revised License Renewal Guidance 

Documents.’’) 2

Since the NRC initially published 

Regulatory Guide 1.188 in July 2001, the 

staff proposed to update both the SRPLR (NUREG–1800) and the GALL Report 

(NUREG–1801). Consequently, the staff 

also decided to revise Regulatory Guide 

1.188 to reflect the proposed updates to 

the guidance documents. Toward that 

end, the staff prepared Draft Regulatory 

Guide DG–1140, which also included a 

modification through which the NRC 

staff endorsed (with two exceptions) 

Revision 5 of NEI 95–10, ‘‘Industry 

Guideline for Implementing the 

Requirements of 10 CFR Part 54 ‘‘ The 

License Renewal Rule,’’ which the 

Nuclear Energy Institute (NEI) 

published in January 2005.3

Specifically, the staff took exception to 

the use of a portion of Appendix F to 

Revision 5 of NEI 95–10, from the 

unnumbered paragraph following 

paragraph 4.4 through the end of 

Section 4, ‘‘Non-Safety SSCs Directly 

Connected to Safety-Related SSCs.’’ In 

addition, the NRC staff took exception 

to the use of paragraph 5.2.3.1, 

‘‘Exposure Duration.’’

The NRC staff then published a 

Federal Register notice (70 FR 5494) on 

February 2, 2005, to solicit stakeholder 

comments on Draft Regulatory Guide 

DG–1140 and/or Revision 5 of NEI 95–

10, and specifically on any 

inconsistency or incompatibility 

between the guidance in these 

documents and the NRC guidance set 

forth in NUREG–1800 and NUREG–

1801. Toward that end, the NRC also 

held a public workshop on March 2, 

2005, to give participants an 

opportunity to ask questions, obtain 

further information, offer comments and 

opinions, and otherwise facilitate the 

formulation and preparation of written