Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 53285 

1954, as amended, the NWPA, and the 

Commission’s regulations, then the 

Commission will issue a construction 

authorization, in the form and 

containing such conditions and 

limitations, if any, as the Commission 

finds appropriate and necessary. 

The Commission finds that a hearing 

is required in the public interest, prior 

to issuance of a construction 

authorization. A notice of hearing 

announcing the opportunity to petition 

for leave to intervene in the hearing will 

be published in the Federal Register at 

a later date. The notice of hearing will 

state, pursuant to 10 CFR 2.104(b): (1) 

The nature of the hearing; (2) the 

authority under which the hearing is to 

be held; (3) the matters of fact and law 

to be considered; (4) the date by which 

requests for hearing or petitions to 

intervene must be filed; and (5) the 

presiding officer designated for the 

hearing or the procedure that the 

Commission will use to designate a 

presiding officer for the hearing. 

Pursuant to its obligations under 

§ 114(f)(4) of the NWPA, and 10 CFR 

51.26(c), it is the intention of the 

Commission to adopt the environmental 

impact statement (EIS) prepared by the 

Secretary of Energy to the extent 

practicable. 

In accord with 10 CFR 51.109(a), the 

NRC staff’s position is that it is 

practicable to adopt, with further 

supplementation, the EIS and 

supplements prepared by DOE. The staff 

concludes that neither the 2002 Final 

Environmental Impact Statement (FEIS) 

nor the 2008 Final Supplemental 

Environmental Impact Statement 

(Repository Supplemental EIS) 

adequately address all of the impacts on 

groundwater, or from surface discharges 

of groundwater, from the proposed 

action. The staff concludes that 

additional supplementation is needed to 

ensure the 2002 FEIS and 2008 

Repository Supplemental EIS are 

adequate. The basis for the staff’s 

position is presented in the ‘‘U.S. 

Nuclear Regulatory Commission Staff’s 

Adoption Determination Report for the 

U.S. Department of Energy’s 

Environmental Impact Statements for 

the Proposed Geologic Repository at 

Yucca Mountain,’’ which is available in 

the Agencywide Documents Access and 

Management System (ADAMS), 

accession number ML082420342. [The 

ADAMS accession number for the 

ADAMS package containing DOE’s 

Final Environmental Impact Statement 

is ML032690321, and the accession 

number for the ADAMS package 

containing DOE’s Final Supplemental 

Environmental Impact Statement is 

ML081750191. The ADAMS accession 

number for the ADAMS package 

containing DOE’s Final Rail Corridor 

Supplemental EIS and Rail Alignment 

EIS is ML082460227.] 

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 O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland 20852, and will be 

accessible electronically through the 

ADAMS Public Electronic Reading 

Room link at the NRC Web site http:// 

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

The application is also available at 

http://www.nrc.gov/waste/hlw-disposal/ 

yucca-lic-app.html. Persons who do not 

have access to ADAMS or who 

encounter problems in accessing 

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, MD, this 8th day of 

September 2008. 

For The Nuclear Regulatory Commission. 

Michael F. Weber, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. E8–21431 Filed 9–12–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–333] 

Entergy Nuclear Fitzpatrick, LLC, and 

Entergy Nuclear Operations, Inc.; The 

James A. Fitzpatrick Nuclear Power 

Plant; Notice of Issuance of Renewed 

Facility Operating License No. DPR–59 

for an Additional 20-Year Period 

Record of Decision 

Notice is hereby given that the U.S. 

Nuclear Regulatory Commission (the 

Commission) has issued Renewed 

Facility Operating License No. DPR–59 

to the Entergy Nuclear FitzPatrick, LLC 

and Entergy Nuclear Operations, Inc. 

(the licensee), the operator of the James 

A. FitzPatrick Nuclear Power Plant 

(JAFNPP). Renewed Facility Operating 

License No. DPR–59 authorizes 

operation of JAFNPP, by the licensee at 

reactor core power levels not in excess 

of 2536 megawatts thermal (881 

megawatts electric), in accordance with 

the provisions of the JAFNPP renewed 

license and its Technical Specifications. 

This notice also serves as the record 

of decision for the renewal of Facility 

Operating License No. DPR–59 for 

JAFNPP, consistent with Title 10 of the 

Code of Federal Regulations Section 

51.103 (10 CFR 51.103). As discussed in 

the Final Supplemental Environmental 

Impact Statement (FSEIS) for JAFNPP, 

dated January 2008, the Commission 

considered a range of reasonable 

alternatives that included generation 

from coal, natural gas, oil, wind, solar, 

hydropower, geothermal, wood waste, 

municipal solid waste, other biomassderived fuels, delayed retirement, 

utility-sponsored conservation, a 

combination of alternatives, and a noaction alternative. The factors 

considered in the record of decision can 

be found in the supplemental 

environmental impact statement (SEIS) 

for License Renewal, Supplement 31 

regarding James A. FitzPatrick Nuclear 

Power Plant. 

JAFNPP is a boiling water reactor 

located along the shore of Lake Ontario, 

Oswego County, New York. The site is 

approximately seven miles northnortheast of the city of Oswego. The 

application for the renewed licenses 

complied with the standards and 

requirements of the Atomic Energy Act 

of 1954, as amended (the Act), and the 

Commission’s regulations. As required 

by the Act and the Commission’s 

regulations in 10 CFR Chapter I, the 

Commission has made appropriate 

findings, which are set forth in the 

license. 

Prior public notice of the action 

involving the proposed issuance of the 

renewed license and of an opportunity 

for a hearing regarding the proposed 

issuance of the renewed license was 

published in the Federal Register on 

September 20, 2006 (71 FR 55032). For 

further details with respect to this 

action, see (1) The Entergy Nuclear 

FitzPatrick, LLC and Entergy Nuclear 

Operations, Inc., license renewal 

application for James A. FitzPatrick 

Nuclear Power Plant dated July 31, 

2006, as supplemented by letters dated 

through November 5, 2007; (2) the 

Commission’s safety evaluation report 

(NUREG–1905), published in April 

2008; (3) the licensee’s updated safety 

analysis report; and (4) the 

Commission’s final environmental 

impact statement (NUREG–1437, 

Supplement 31), published in January 

2008. These documents are available at 

the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852, and 

can be viewed from the NRC Public 

Electronic Reading Room at http:// 

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

Copies of Renewed Facility Operating 

License No. DPR–59 may be obtained by 

writing to the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Director, Division of 

License Renewal. Copies of the James A. 

FitzPatrick Nuclear Power Plant, Safety 

Evaluation Report (NUREG–1905) and 

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53286 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 

the Final Environmental Impact 

Statement (NUREG–1437, Supplement 

31) may be purchased from the National 

Technical Information Service, U.S. 

Department of Commerce, Springfield, 

VA 22161–0002 (http://www.ntis.gov), 

703–605–6000, or the Superintendent of 

Documents, U.S. Government Printing 

Office, P.O. Box 371954, Pittsburgh, PA 

15250–7954 (http:// 

www.gpoaccess.gov), 202–512–1800. All 

orders should clearly identify the NRC 

publication number and the requester’s 

Government Printing Office deposit 

account number or a VISA or 

MasterCard number and expiration date. 

Dated at Rockville, Maryland, this 8th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Brian E. Holian, 

Director, Division of License Renewal, Office 

of Nuclear Reactor Regulation. 

[FR Doc. E8–21430 Filed 9–12–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0497] 

NRC Enforcement Policy Revision 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability of draft 

and request for comments. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is revising its 

Enforcement Policy (Enforcement Policy 

or Policy) to more appropriately address 

the various areas that the NRC regulates, 

providing a framework that supports 

consistent implementation of the 

Enforcement Policy. A notice was 

published on January 25, 2007, 

announcing that the NRC was 

undertaking a major revision of the 

Enforcement Policy to clarify the use of 

terms and update the Policy, removing 

outdated information and adding 

information addressing enforcement 

issues in areas that are not currently 

directly addressed in the Policy. The 

NRC is now soliciting written comments 

from interested parties including public 

interest groups, states, members of the 

public and the regulated industry, i.e., 

reactor and materials licensees, vendors, 

and contractors, on the proposed 

revised Policy. This request is intended 

to assist the NRC in revising the 

Enforcement Policy; NRC does not 

intend to modify its emphasis on 

compliance with NRC requirements. 

DATES: Submit comments on or before 

November 14, 2008. This time period 

allows for the public to respond to this 

notice as well as the opportunity to 

provide general comments on the 

revision of the Policy. Comments 

received after this date will be 

considered if it is practical to do so, but 

the Commission is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: Comments will be made 

available to the public in their entirety; 

personal information, such as your 

name, address, telephone number, email address, etc. will not be removed 

from your submission. You may submit 

comments by any one of the following 

methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov; search on docket 

ID: NRC–2008–0497. 

Mail comments to: Michael T. Lesar, 

Chief, Rulemaking, Directives, and 

Editing Branch, Office of 

Administration, Mail Stop: T–6D59, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Hand-deliver comments to: 11555 

Rockville Pike, Rockville, MD 20852, 

between the hours of 7:45 a.m. and 4:15 

p.m., Federal workdays. 

You can access publicly available 

documents related to this notice using 

the following methods: 

Federal e-Rulemaking Portal: 

Documents related to this notice, 

including public comments, are 

accessible at http:// 

www.regulations.gov, by searching on 

docket ID: NRC–2008–0497. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee, publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Document Access 

and Management System (ADAMS): The 

draft Enforcement Policy is available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html under ADAMS 

Accession Number ML082520457. From 

this site, the public can gain entry into 

ADAMS, which provides text and image 

files of the NRC’s public documents. In 

addition, the draft Enforcement Policy 

will be available at http://www.nrc.gov/ 

about-nrc/regulatory/enforcement/ 

enforce-pol.html. If you do not have 

Internet access or if there are problems 

in accessing the documents located in 

ADAMS, contact the PDR Reference 

staff at 1–800–397–4209, 301–415–4737 

or by e-mail to pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Doug Starkey, Office of Enforcement, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555; 

Doug.Starkey@nrc.gov, (301) 415–3456. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The NRC Enforcement Policy contains 

the enforcement policy and procedures 

that the U.S. Nuclear Regulatory 

Commission (NRC) uses to consider 

potential enforcement actions in 

response to apparent violations of NRC 

requirements. The primary purpose of 

the Enforcement Policy is to support the 

NRC’s overall safety mission, i.e., to 

ensure adequate protection of public 

health and safety, promote the common 

defense and security, and protect the 

environment. Because it is a policy 

statement and not a regulation, the 

Commission may deviate from this 

statement of policy as appropriate under 

the circumstances of a particular case. 

The Enforcement Policy was first 

published in the Federal Register on 

October 7, 1980 (46 FR 66754), as an 

interim policy. The Commission 

published a final version of the Policy 

on March 9, 1982 (47 FR 9987). The 

Enforcement Policy has been modified 

on a number of occasions to address 

changing requirements and additional 

experience and on June 30, 1995 (60 FR 

34381), a major revision of the Policy 

was published. The NRC maintains the 

Enforcement Policy on its Web site at 

http://www.nrc.gov; select Public 

Meetings and Involvement, 

Enforcement, and then Enforcement 

Policy. 

The goal of the Policy is to support 

the NRC’s safety and security mission 

by emphasizing the importance of 

compliance with regulatory 

requirements, and encouraging prompt 

identification, and prompt, 

comprehensive correction of violations. 

Revisions to the Policy have 

consistently reflected this commitment: 

for example, in 1998, the NRC changed 

its inspection procedures to address the 

Reactor Oversight Process (ROP) 

initiative. This has been reflected in the 

Policy’s use of risk insights to assess the 

significance of violations whenever 

possible. While this may result in fewer 

Notices of Violation being issued 

(because of a greater emphasis on the 

use of non-cited violations), it has not 

reduced the agency’s emphasis on the 

importance of compliance with NRC 

requirements. Another example 

involves the NRC’s development of a 

pilot program in 2005 which focuses on 

the use of Alternative Dispute 

Resolution (ADR) for certain kinds of 

enforcement cases. The NRC 

enforcement staff has used ADR to 

resolve reactor, fuel facility, and 

materials enforcement cases. While the 

use of ADR in enforcement raises 

unique issues, it emphasizes creative, 

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