55546 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 

requirement from which CBS seeks an 

exemption in its December 6, 2007, 

submittal. 

Therein, CBS notes that the purpose 

of the approved DP was to dismantle 

and remove TR components to the point 

that there would no longer be a 

utilization (reactor) facility remaining 

on the site. These actions would then 

allow the residual radioactive materials, 

structures, and equipment associated 

with the former TR to be transferred to 

the Westinghouse SNM–770 materials 

license for further remediation to the 

extent necessary. After all principal 

licensed activities at the Waltz Mill Site 

cease, the residual radioactive materials, 

structures, and equipment associated 

with the former TR, along with other 

buildings and lands covered by their 

existing license, will be 

decommissioned by Westinghouse in 

accordance with the State of 

Pennsylvania’s requirements. As 

discussed below, the NRC finds that the 

requested exemption is warranted. 

B. Requirements for Granting 

Exemptions From 10 CFR Part 50 

Pursuant to 10 CFR 50.12(a)(1), the 

NRC must find that granting the 

requested exemption is authorized by 

law, will not present any undue risk to 

the public health and safety and would 

be consistent with the common defense 

and security. Because the TR–2 

radioactive materials will remain under 

an NRC’s Agreement State’s License 

(PA–1053S) held by Westinghouse, they 

will be fully subject to appropriate 

regulatory authority and control. Full 

decommissioning at the Waltz Mill Site 

may safely be deferred until such time 

that all licensed activities there cease. 

The NRC thus finds that the 

requirements of 10 CFR 50.12(a)(1) are 

met. 

Pursuant to 10 CFR 50.12(a)(2), the 

NRC must also find, in granting any 

exemption, that at least one of several 

enumerated ‘‘special circumstances’’ are 

present. In this regard, CBS maintains 

that the special circumstance here is 

that the application of 10 CFR 

52.82(b)(6)(ii) to this case is unnecessary 

to achieve the underlying purpose of the 

rule, which is to provide for safe 

decommissioning and license 

termination. The NRC agrees, and finds 

that CBS has met the requirements of 10 

CFR 50.12(a)(2)(ii) for granting an 

exemption. The basis for this finding is 

that Westinghouse has assumed 

complete responsibility for the safe 

decommissioning of the Waltz Mill Site, 

initially under its materials license 

SNM–770, and now under PA–1053S. 

An environmental assessment does 

not need to be performed as this action 

falls within the class of actions 

categorically excluded by 10 CFR 

51.22(c)(11). The proposed action is 

administrative and procedural in nature. 

NRC staff has evaluated the granting of 

this exemption request and has 

determined the granting of the 

exemption is consistent with the staff’s 

March 17, 2006 letter, and that the 

proposed action to terminate the license 

has also occurred in accordance within 

the guidance of the staff’s March 17th 

letter. 

Conclusion 

The NRC is granting an exemption 

from 10 CFR 50.82(b)(6)(ii) and is 

terminating the license of the TR 

following the transfer of the radioactive 

materials, structures and equipment of 

the TR to Westinghouse LLC, the holder 

of the PA–1053S license for the 

remainder of the Waltz Mill Site. This 

is in accordance with the 2007 

arbitration opinion and award. 

With the SNM–770 license amended 

and transferred to the State of 

Pennsylvania and the TR–2 license 

terminated, the PA–1053S license will 

be the only license in effect for 

radioactive materials at the Waltz Mill 

Site. Westinghouse, as the remaining 

licensee on the Site, will now be solely 

responsible for the safe and 

environmentally acceptable possession 

and management of radioactive 

materials on the Waltz Mill Site, and the 

later remediation and decommissioning 

of the Waltz Mill Site. 

For further details with respect to the 

above action, see CBS’s letter dated 

December 6, 2007 and the NRC’s letter 

to the CBS Corporation terminating the 

TR–2 license (ML081330398). The 

above referenced documents may be 

examined, and/or copied for a fee, at the 

NRC’s Public Document Room (PDR) at 

One White Flint North, 11555 Rockville 

Pike (first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/readingrm/adams.html. 

Persons who do not have access to 

ADAMS or who have problems in 

accessing the documents in ADAMS 

should call the NRC PDR reference staff 

at 1–800–397–4209 or 301–415–4737 or 

e-mail pdr@nrc.gov. 

Dated at Rockville, Maryland this the 19th 

day of September 2008. 

Keith I. McConnell, 

Deputy Director, Decommissioning and 

Uranium Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. E8–22533 Filed 9–24–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Notice of Availability of Memorandum 

of Understanding Between U.S. Army 

Corps of Engineers and U.S. Nuclear 

Regulatory Commission on 

Environmental Reviews Related to the 

Issuance of Authorizations To 

Construct and Operate Nuclear Power 

Plants 

SUMMARY: On September 12, 2008, the 

U.S. Nuclear Regulatory Commission 

(NRC) and the U.S. Army Corps of 

Engineers (Corps) signed a 

Memorandum of Understanding (MOU) 

which establishes a framework for early 

coordination and participation among 

the agencies. The MOU is an effort to 

facilitate the timely review of proposed 

nuclear power plant applications and it 

establishes a commitment to early 

agency involvement; proactive 

participation and informal 

communication throughout the review 

process; sharing of information 

gathered, considered and relied upon by 

each agency; and, if requested, 

interagency participation in public 

hearings. Interagency cooperation under 

the MOU will facilitate each agency’s 

compliance with its review 

responsibilities under the National 

Environmental Policy Act and other 

related statutes with respect to the 

authorizations required to construct and 

operate nuclear power plants licensed 

by the NRC. It is anticipated that the 

Corps will act as a cooperating agency 

in most circumstances; however, the 

MOU does not preclude different forms 

of coordination (e.g., Corps participation 

as a consulting agency). 

FOR FURTHER INFORMATION CONTACT: 

Richard Emch, Environmental 

Technical Support Branch, Division of 

Site and Environmental Reviews, Office 

of New Reactors, U.S. Nuclear 

Regulatory Commission, Rockville, MD 

20854, 301–415–1590, or Paul Michalak, 

Environmental Projects Branch 2, 

Division of Site and Environmental 

Reviews, Office of New Reactors, U.S. 

Nuclear Regulatory Commission, 

Rockville, MD 20854, 301–415–7612. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 55547 

1 10 CFR Part 51, ‘‘Environmental Protection 

Regulations for Domestic Licensing and Related 

Regulatory Functions—Scope’’; 40 CFR 1501.5 

‘‘NEPA and Agency Planning—Lead Agencies’’; 40 

CFR 1501.6, ‘‘NEPA and Agency Planning— 

Cooperating Agencies.’’ 

2 10 CFR 51.20, ‘‘Criteria for and Identification of 

Licensing and Regulatory Actions Requiring 

Environmental Impact Statements.’’ 

The MOU between the NRC and the 

Corps is entitled ‘‘Memorandum of 

Understanding between U.S. Army 

Corps of Engineers and U.S. Nuclear 

Regulatory Commission on 

Environmental Reviews Related to the 

Issuance of Authorizations to Construct 

and Operate Nuclear Power Plants’’ and 

is attached to this notice. The MOU was 

signed by the Assistant Secretary of the 

Army (Civil Works) of the U.S. Army 

Corps of Engineers, and by the 

Executive Director for Operations for the 

U.S. Nuclear Regulatory Commission on 

September 12, 2008. 

Dated at Rockville, Maryland, this 19th day 

of September, 2008. 

For the Nuclear Regulatory Commission. 

Scott C. Flanders, 

Director, Division of Site and Environmental 

Reviews, Office of New Reactors. 

Memorandum of Understanding Between 

U.S. Army Corps of Engineers and U.S. 

Nuclear Regulatory Commission on 

Environmental Reviews Related to the 

Issuance of Authorizations to Construct and 

Operate Nuclear Power Plants 

The U.S. Army Corps of Engineers (Corps) 

and the U.S. Nuclear Regulatory Commission 

(NRC), as parties to this Memorandum of 

Understanding (MOU), hereby acknowledge 

and declare as follows: 

I. Introduction 

The Corps and the NRC developed this 

MOU to streamline the respective regulatory 

processes associated with the authorizations 

required to construct and operate nuclear 

power plants. 

II. Purpose 

The purpose of this MOU is to establish a 

framework for early coordination and 

participation among the signatories to this 

agreement to ensure the timely review of 

proposed nuclear power plant applications. 

Cooperation among the MOU signatories will 

ensure each agency’s review responsibilities 

under the National Environmental Policy Act 

(NEPA) and other related statutes are met in 

connection with the authorizations required 

to construct and operate nuclear power 

plants licensed by the NRC. Both parties 

anticipate that the Corps will act as a 

cooperating agency in most circumstances. 

However, there may be some circumstances 

where both agencies will be better served by 

a different form of coordination. This MOU 

does not preclude such arrangements. 

III. Statutory Background 

A. National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) requires all 

agencies of the Federal Government to use a 

systematic, interdisciplinary approach that 

will ensure the integrated use of the natural 

and social sciences in planning and 

decisionmaking that may have an impact on 

man’s environment. Prior to making any 

detailed statement, the responsible Federal 

official shall consult with and obtain the 

comments of any Federal agency that has 

jurisdiction by law or special expertise with 

respect to any environmental impact 

involved. 

B. Section 10 of the Rivers and Harbors Act 

of 1899 (33 U.S.C. 403) requires authorization 

from the Secretary of the Army, acting 

through the Corps, for the construction of any 

structure in or over any navigable water of 

the United States. Structures or work outside 

the limits defined for navigable waters of the 

United States require a Section 10 permit if 

the structure or work affects the course, 

location, or condition of the water body. The 

law applies to any dredging or disposal of 

dredged materials, excavation, filling, rechannelization, or any other modification of 

a navigable water of the United States, and 

it applies to all structures, from the smallest 

floating dock to the largest commercial 

undertaking. It further includes, without 

limitation, any wharf, dolphin, weir, boom 

breakwater, jetty, groin, bank protection (e.g., 

riprap, revetment, bulkhead), mooring 

structure such as a piling, aerial or subaqueous power transmission line, intake or 

outfall pipe, permanently moored floating 

vessel, tunnel, artificial canal, boat ramp, aid 

to navigation, and any other permanent or 

semipermanent obstacle or obstruction. 

C. Section 404 Clean Water Act (CWA) (33 

U.S.C. 1344) requires authorization from the 

Secretary of the Army, acting through the 

Corps, for the discharge of dredged or fill 

material into all waters of the United States, 

including wetlands. Discharges of fill 

material generally include, without 

limitation, placement of fill that is necessary 

for the construction of any structure or 

impoundment requiring rock, sand, dirt, or 

other material for its construction; sitedevelopment fills for recreational, industrial, 

commercial, residential, and other uses; 

causeways or road fills; dams and dikes; 

artificial islands; property protection or 

reclamation devices such as riprap, groins, 

seawalls, breakwaters, and revetments; beach 

nourishment; levees; fill for intake and 

outfall pipes and sub-aqueous utility lines; 

fill associated with the creation of ponds; and 

any other work involving the discharge of fill 

or dredged material. A Corps permit is 

required whether the work is permanent or 

temporary. Examples of temporary discharges 

include dewatering of dredged material prior 

to final disposal, and temporary fills for 

access roadways, cofferdams, and storage and 

work areas. 

D. Section 103 of the Marine Protection, 

Research, and Sanctuaries Act of 1972 (33 

U.S.C. 1413), as amended, requires 

authorization from the Secretary of the Army, 

acting through the Corps, for the 

transportation of dredged material for the 

purpose of dumping it in ocean waters. 

Discharges of dredged or fill materials into 

territorial seas also require authorization 

under Section 404 of the CWA. 

E. Outer Continental Shelf Lands Act (43 

U.S.C. 1333) extends the authority of the 

Secretary of the Army, acting through the 

Corps, to the prevention of obstruction to 

navigation in the navigable waters of the 

United States due to the construction of 

artificial islands and fixed structures on the 

outer continental shelf beyond the territorial 

sea. 

F. Energy Reorganization Act of 1974 (Pub. 

L. 93–438 (88 Stat. 1233)) abolished the 

Atomic Energy Commission, and Section 201 

of that Act created the NRC and transferred 

to the NRC all the licensing and related 

regulatory functions of the Atomic Energy 

Commission. Pursuant to the Energy 

Reorganization Act of 1974; Chapters 6, 7, 8, 

10, and 16 of the Atomic Energy Act of 1954, 

as amended, 42 U.S.C. 2011 et seq.; and the 

rules and regulations issued pursuant 

thereto, the NRC is authorized to license and 

regulate the construction and operation of, 

among other things, nuclear power plants 

from the standpoint of the common defense 

and security and public health and safety. 

Roles and Responsibilities 

NRC. The NRC licenses nuclear power 

plants in accordance with its regulations 

such that the utilization of special nuclear 

material will be in accord with the common 

defense and security and will provide 

adequate protection to the health and safety 

of the public. 

Corps. The Corps administers a regulatory 

program to protect the Nation’s aquatic 

resources, including wetlands, under Section 

10 of the Rivers and Harbors Act of 1899 and 

Section 404 of the CWA. Proposed nuclear 

power plants may require one or more 

permits from the Corps under these statutes. 

NEPA Lead Federal Agency. NEPA is the 

overarching environmental statute requiring 

the identification of impacts to the quality of 

the human environment, consideration of 

alternatives, and public involvement in the 

process. A primary objective of NEPA is to 

ensure that environmental information is 

available to public officials and citizens 

before irretrievable commitments of 

resources are made. This agreement supports 

these principles, and the signatory Federal 

agencies acknowledge their respective 

responsibilities for complying with the 

requirements of NEPA. To prevent the 

duplication of efforts by Federal agencies and 

to encourage information sharing and 

integration of agency processes, NEPA allows 

for the designation of a lead Federal agency 

for the preparation of environmental impact 

statements (EISs) when EISs are required. 

Other agencies that have an action on the 

same project may serve as cooperating 

agencies on the EIS.1

The issuance by the NRC of a license to 

construct and operate a nuclear power plant 

is an action that normally requires the 

preparation of an EIS.2 As the agency with 

the approval/disapproval authority for the 

licensing of nuclear power plants, the NRC 

shall serve as the lead agency for the 

preparation of the EIS. This MOU encourages 

early involvement between the NRC and the 

Corps and with the public and other 

government agencies during the NEPA 

evaluation process. 

This MOU acknowledges that it is critically 

important that the NRC receive projectmstockstill on PROD1PC66 with NOTICES

55548 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 

3 10 CFR Part 51, ‘‘Environmental Protection 

Regulations for Domestic Licensing and Related 

Regulatory Functions,’’ Subpart A, ‘‘National 

Environmental Policy Act—Regulations 

Implementing Section 102(2).’’ 

4 33 CFR 327.3(a)—Public hearing means a public 

proceeding conducted for the purpose of acquiring 

information or evidence which will be considered 

in evaluating a proposed Department of the Army 

permit action, or Federal project, and which affords 

the public an opportunity to present their views, 

opinions, and information on such permit actions 

or Federal projects. 

5The Atomic Energy Act requires that a public 

hearing be held before a construction permit is 

specific information on waters of the United 

States, including wetlands, from the Corps at 

key stages of project development to foster an 

efficient procedure to develop 

documentation to meet both agencies’ 

disclosure and decisionmaking requirements. 

This Agreement establishes a process to 

facilitate the timely licensing and permitting 

of nuclear power plants, whereby both 

agencies will do the following: 

• Work together and with applicants and 

other stakeholders, as appropriate, including 

before complete applications for the 

necessary authorizations are filed. 

• Identify and resolve issues as quickly as 

possible. 

• Attempt to build a consensus among 

governmental agencies and their 

stakeholders. 

• Provide for the effective and efficient 

environmental review for nuclear power 

plants. 

Project purpose and need coordination. As 

the lead agency under NEPA responsible for 

the preparation of the analysis and decisions 

for the approval of new and expanded 

nuclear power plants, the NRC is responsible 

for determining the purpose and need of the 

energy project for purposes of the NRC’s 

NEPA document and the NRC licensing 

process.3 The NRC should coordinate early 

on the scope of the NEPA analysis for all 

activities under Federal purview and ensure 

that the purpose and need, the suite of 

alternatives, and the evaluation presented in 

the NEPA document consider the views of 

the Corps (e.g., defining project purpose per 

Section 404 of the CWA [’’basic’’ for water 

dependency and ‘‘overall’’ for geographic 

scope of alternative analysis], conducting the 

Corps’’ public interest review, determining 

the least environmentally damaging 

practicable alternative under the CWA 

Section 404(b)(1) Guidelines). The Corps will 

complete an independent permit decision in 

carrying out its regulatory responsibilities. 

The signatory agencies may develop 

additional guidance to ensure that the Corps’ 

permit documentation is prepared 

concurrently with the NEPA process to the 

maximum extent practicable. When the NRC 

provides to the Corps its preliminary draft 

NEPA documents, the Corps shall review and 

provide written comments on the relevant 

portions of those documents, as appropriate, 

in accordance with the timelines established 

under this MOU. Preliminary draft NRC 

NEPA documents include advance copies of 

the purpose, need, and alternatives sections 

of the NRC NEPA documents, as well as 

advance copies of the draft and final NEPA 

documents. Corps reviews of NRC NEPA 

documents will be completed and 

coordinated with the NRC as stated in the 

NRC EIS schedule for that project. 

The Corps and the NRC hereby agree to 

work with each other and with other 

participating agencies or entities, as 

appropriate, to ensure that timely decisions 

are made and that the responsibilities of each 

agency are met. Specifically, each agency 

agrees to do the following: 

A. Commit to Early Involvement: 

1. Conduct an early initial review. As soon 

as practicable when a prospective applicant 

or an agency makes a request for involvement 

in connection with a project under 

development, each agency will assess its role 

in the review and issuance of approvals for 

the project. 

a. Identify agency contacts for the proposed 

project. If a prospective applicant or agency 

needs assistance in determining regional, 

local, or project specific contacts, then the 

identified contacts will assist in identifying 

additional contacts. The initial agency 

contacts are the following: 

Department of the Army 

Office of the Assistant Secretary of the Army 

(Civil Works), 

108 Army Pentagon 2E641, 

Washington, DC 20310–0108; 

Regulatory Branch, 

Headquarters, U.S. Army Corps of Engineers, 

441 G Street, NW., 

Washington, DC 20314; 

Nuclear Regulatory Commission, 

Office of New Reactors, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; 

Division of Site and Environmental Reviews, 

Office of New Reactors, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

b. Meet with prospective applicants and 

other agencies, when requested by the 

prospective applicant, the lead agency, or at 

its own initiative, to identify areas of 

potential concern to other agencies and to 

assess the need for and availability of agency 

resources to address issues related to the 

proposed project. 

c. Consult with the NRC, as the lead 

agency, in establishing a schedule. The NRC 

will notify the Corps as early as possible of 

upcoming applications for the construction 

and operation of nuclear power plants and 

identify those projects that will be subject to 

this agreement. The lead agency will then, 

taking into consideration the relative 

priorities of other projects subject to this 

agreement, establish a commensurate 

schedule for the project review process. In 

establishing this schedule, the NRC and the 

Corps will strive to ensure that the individual 

permitting processes and related permit 

review activities occur on a concurrent, 

rather than sequential, basis, with the 

objective of avoiding unnecessary delays in 

the process and the schedule established by 

the NRC. If at any point during the 

consultation process the Corps or the NRC 

anticipates an inability to comply with the 

agreed-upon schedule, it will communicate 

the reason for this inability as soon as 

possible. The agencies will then work 

together to help avoid the anticipated delay 

when appropriate. The NRC will include in 

any Notice of Intent to Prepare an EIS 

guidance to the public regarding the process 

set forth in this Agreement. 

B. Proactive participation. After an 

application is submitted to the NRC, the 

Corps will do the following: 

1. Identify and inform the NRC and the 

applicant which statutes, regulations, and 

policies apply to each permit evaluation. 

2. Identify the issues and concerns related 

to the proposed project that need to be 

addressed in order for the Corps to meet its 

obligations. 

3. Provide the prospective applicant, the 

applicant, and/or other agency with relevant 

studies, data (such as maps showing features 

over which the agency may have 

jurisdiction), and any other information 

concerning the status of matters the agency 

considers relevant (including matters that 

may be under consideration, such as the 

results of threatened and endangered species 

consultation, or essential fish habitat 

consultation). 

4. Identify issues and concerns and attempt 

to resolve them while draft documentation is 

being developed. 

C. Sharing of data. The agencies will share 

the information gathered, considered, and 

relied upon by each of them with all other 

relevant agencies. Specifically, the NRC and 

the Corps agree to do the following: 

1. Cooperate in the preparation of requests 

for additional studies or data to avoid 

duplicative requests and to compile a 

consistent set of information on which all of 

the agencies will rely. 

2. Cooperate in identifying and developing 

the information at the level of detail required 

to complete environmental and cultural 

resources project review. 

The NRC will be responsible for drafting 

sections and requesting additional 

information to the extent that the NRC 

believes the analysis is needed and would 

normally be required by the NRC if the Corps 

were not involved. If the Corps believes that 

additional analysis is needed, but the NRC 

does not agree that such analysis would be 

required under the regulatory procedures of 

the NRC, such analysis will be the 

responsibility of the Corps. 

D. Communicate informally. The agencies 

agree to informally communicate with each 

other and other relevant agencies throughout 

the process to ensure that issues are raised 

as soon as possible and shared among all 

agencies. The lead agency will coordinate 

and share information with all relevant 

participating agencies. 

E. Hearings. On request, each agency will 

participate in any public hearings 4 5 held by 

the other agency. Particularly in the case of 

NRC hearings, the Corps may provide expert 

testimony, as required, in those areas or 

sections covered in the NRC EIS in whose 

preparation the Corps participated and in 

those areas of special Corps expertise. The 

Corps’ participation in the NRC hearing 

process will be consistent with all relevant 

laws and regulations and coordinated with 

appropriate District and Division 

Commanders or their representatives. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 55549 

issued for a nuclear power plant. The hearing will 

be conducted by the Commission or by a presiding 

officer designated by the Commission pursuant to 

10 CFR 2.313, ‘‘Designation of Presiding Officer, 

Disqualification, Unavailability, and Substitution.’’ 

V. Administration of the MOU 

A. While retaining ultimate responsibility 

for making determinations and exercising 

their individual responsibilities in 

accordance with existing statutory 

responsibilities, the NRC and the Corps will 

consult with one another to resolve disputes 

using existing dispute resolution methods 

and in accordance with this agreement. If no 

agreement can be reached, either agency may 

refer the matter to the Council on 

Environmental Quality in accordance with 40 

CFR 1504, ‘‘Predecision Referrals to the 

Council of Proposed Federal Actions 

Determined To Be Environmentally 

Unsatisfactory.’’ Notwithstanding any such 

referral, the NRC reserves the right to make 

a final decision on any matter within the 

NRC’s regulatory authority. 

B. This MOU may be modified, amended, 

or terminated upon written request of any 

party hereto and the subsequent written 

concurrence of all other participating 

agencies. Participation in this agreement may 

be terminated 60 days after providing written 

notice of such termination to other 

participating agencies. 

C. Acknowledgement that the authority 

and responsibilities of the parties under their 

respective jurisdictions are not altered by the 

MOU. 

1. This MOU is intended only to improve 

the working relationships of the participating 

agencies in connection with expeditious 

decisions with regard to nuclear power plant 

authorizations and is not intended to, nor 

does it create, any right, benefit, or trust 

responsibility, substantive or procedural, 

enforceable at law or equity by any person or 

party against the United States, its agencies, 

its officers, or any other person. 

2. This MOU is to be construed in a 

manner consistent with all effective existing 

laws and regulations. 

3. The MOU neither expands nor is in 

derogation of those powers and authorities 

vested in the participating agencies by 

applicable laws, statutes, or regulations. 

4. The terms of this MOU are not intended 

to be enforceable by any party other than the 

signatories hereto. 

5. The participating agencies intend to 

fully carry out the terms of this MOU. All 

provisions in this MOU, however, are subject 

to available resources. In addition, this MOU 

does not limit the ability of any of the 

participating agencies to review and respond 

to final applications. 

6. If an applicant, prospective applicant, or 

other person requests a correction of 

information disseminated pursuant to this 

MOU, as authorized by Section 515 of the 

Treasury and General Government 

Appropriations Act for Fiscal Year 2001 

(Pub. L. 106–554), the process by which such 

request will be addressed will be that 

established by the agency that disseminated 

the information. 

7. This MOU cannot be used to obligate or 

commit funds or as the basis for the transfer 

of funds. 

8. Nothing in this MOU, in and of itself, 

requires any signatory agency to enter into 

any contract, grant, or interagency agreement. 

9. All provisions in this MOU are subject 

to the availability of funds. 

Accordingly, the parties have signed this 

MOU on the dates set forth below, to be 

effective for all purposes as of the date last 

signed. The signatures may be executed using 

counterpart original documents. 

September 12, 2008. 

John Paul Woodley, Jr., 

Assistant Secretary of the Army (Civil 

Works). 

September 12, 2008. 

R. W. Borchardt, 

Executive Director for Operations, U.S. 

Nuclear Regulatory Commission. 

[FR Doc. E8–22528 Filed 9–24–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–263] 

In the Matter of: Nuclear Management 

Company, LLC; Northern States Power 

Company; (Monticello Nuclear 

Generating Plant); Renewed Facility 

Operating License No. DPR–22; Order 

Approving Transfer of License and 

Conforming Amendment 

I. 

Northern States Power Company, a 

Minnesota corporation (NSPM) and 

Nuclear Management Company, LLC 

(NMC) are holders of Renewed Facility 

Operating License No. DPR–22, which 

authorizes the possession, use, and 

operation of Monticello Nuclear 

Generating Plant (Monticello). NSPM is 

authorized to possess, and NMC is 

authorized to use and operate 

Monticello. The facility is located at the 

licensees’ site in Wright County, 

Minnesota. 

II. 

By letter dated April 16, 2008, as 

supplemented by letter dated August 6, 

2008, NSPM and NMC requested 

approval for NSPM to acquire from 

NMC the operating authority of the 

facility following approval of the 

proposed license transfer. Subsequently, 

NSPM will be responsible for the 

operation and maintenance of MNGP. 

NMC will be integrated into the current 

NSPM organization, which would be the 

sole entity holding both the ownership 

and operating authority of MNGP. 

The applicants also requested 

approval of a conforming license 

amendment that would replace 

references to NMC in the license with 

references to NSPM to reflect the 

transfer of operating authority under the 

applicable conditions and 

authorizations included in the 

Monticello license. The applicants 

proposed no physical changes to the 

facility or operational changes. After 

completion of the proposed transfer, 

NSPM would become the operator, as 

well as continue to be the owner of the 

facility. 

Approval of the transfer of the 

licensed operating authority and 

conforming license amendment is 

requested by the applicants pursuant to 

Sections 50.80 and 50.90 of Title 10 of 

the Code of Federal Regulations (10 

CFR). Notice of the request for approval 

and opportunity for a hearing were 

published in the Federal Register on 

June 5, 2008 (73 FR 32057). No 

comments and no petitions to intervene 

were received. 

Pursuant to 10 CFR 50.80, no license, 

or any right thereunder, shall be 

transferred, directly or indirectly, 

through transfer of control of the 

license, unless the Commission shall 

give its consent in writing. Upon review 

of the information in the application 

and other information before the 

Commission, and relying upon the 

representations and agreements 

contained in the application, the 

Nuclear Regulatory Commission (NRC) 

staff has determined that NSPM is 

qualified to continue to hold the 

ownership interests in the facility, and 

is qualified to acquire and hold the 

operating authority previously held by 

NMC, and that the transfer of the 

operating interests in the facility to 

NSPM described in the application is 

otherwise consistent with applicable 

provisions of law, regulations, and 

orders issued by the Commission, 

subject to the conditions set forth below. 

The NRC staff has further found that the 

application for the proposed license 

amendment complies with the 

standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations set forth in 10 CFR 

Chapter I; the facility will operate in 

conformity with the application, the 

provisions of the Act, and the rules and 

regulations of the Commission; there is 

reasonable assurance that the activities 

authorized by the proposed license 

amendment can be conducted without 

endangering the health and safety of the 

public and that such activities will be 

conducted in compliance with the 

Commission’s regulations; the issuance 

of the proposed license amendment will 

not be inimical to the common defense 

and security or to the health and safety 

of the public; and the issuance of the 

proposed amendment will be in 

accordance with 10 CFR Part 51 of the 

mstockstill on PROD1PC66 with NOTICES