Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 55545 

about Self-Shielded Irradiator 

Licenses,’’ as a process that the NRC 

staff finds acceptable for meeting the 

regulatory requirements. 

II. Further Information 

In April 2008, DG–0019 was 

published with a public comment 

period of 60 days from the issuance of 

the guide. No comments were received 

and the public comment period closed 

on June 30, 2008. Electronic copies of 

Regulatory Guide 10.9, Revision 2 are 

available through the NRC’s public Web 

site under ‘‘Regulatory Guides’’ at 

http://www.nrc.gov/reading-rm/doccollections/. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at Room O–1F21, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852–2738. The 

PDR’s mailing address is USNRC PDR, 

Washington, DC 20555–0001. The PDR 

can also be reached by telephone at 

(301) 415–4737 or (800) 397–4209, by 

fax at (301) 415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 18th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Stephen C. O’Connor, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E8–22534 Filed 9–24–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–022] 

Notice of License Termination CBS 

Test Reactor Located at Waltz Mill Site, 

Madison, PA 

Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is noticing the 

granting of an exemption from 10 CFR 

50.82(b)(6)(ii), and the related 

termination of Facility Operating 

License No. TR–02, held by CBS for the 

test reactor (TR) located on the Waltz 

Mill Site in Madison, PA. CBS requested 

this action in a letter to NRC dated 

December 6, 2007 (ML073440024). As 

discussed below, Westinghouse Electric 

Company, LLC (Westinghouse) held 

NRC materials license SNM–770, a 

license covering the entire Waltz Mill 

site on which the former TR was 

located. The granting of this exemption 

and the termination of the TR–02 

license is administrative in nature. 

Background 

The initial license for the TR was 

issued on June 19, 1959. Reactor 

operation permanently ceased following 

an accident in 1960. On March 25, 1963, 

the license was amended to allow only 

possession of special nuclear material 

but not reactor operation. A 

Decommissioning Plan (DP) for the TR 

was submitted on July 27, 1997, and 

was approved on September 30, 1998. 

In the context of facilitating the 

resolution of a then-pending arbitration 

dispute regarding the Waltz Mill site 

between CBS and Westinghouse, the 

NRC, by letter dated March 17, 2006 

(ML060750730), advised the parties that 

a request for an exemption from 10 CFR 

50.82(b)(6)(ii) should be submitted 

jointly by CBS and Westinghouse, or by 

CBS with concurrence or an affidavit 

from Westinghouse, stating 

Westinghouse’s willingness to accept 

the TR facility in the condition it was 

left in by CBS. This guidance further 

stated that the NRC would terminate the 

TR–2 license when: (1) The SNM–770 

license was amended to accept the 

transfer of all residual radioactive 

materials, equipment and structures 

associated with the TR–2 license; and, 

(2) the NRC’s requirements for 

terminating non-power reactor licenses 

had been satisfied. The arbitration case 

between CBS and Westinghouse 

resulted in a final arbitration opinion 

and award (American Arbitration 

Association Case No. 16Y 192 00937 02 

dated July 20, 2007). In August 2007, 

CBS reached a monetary settlement with 

Westinghouse regarding the completion 

of decommissioning activities at TR–2. 

In a letter dated December 6, 2007, 

Westinghouse requested that its SNM– 

770 license be amended to accept the 

TR–2 radioactive materials, structures, 

and equipment (ML073620136). In this 

letter, Westinghouse acknowledged that 

it will have the sole responsibility for 

satisfying the NRC’s decommissioning 

requirements applicable to the Waltz 

Mill site, including requirements 

applicable to the radioactive materials, 

structures, and equipment associated 

with the former TR. 

On March 20, 2008, NRC conducted 

an inspection of the Waltz Mill site for 

the purpose of assessing the transfer of 

all residual radioactive material, 

equipment, and structures from the TR– 

2 license to Westinghouse’s SNM–770 

license. No violations were identified 

during the course of the inspection. On 

March 26, 2008, the requested 

amendment was issued authorizing 

Westinghouse under its license to take 

possession of all remaining radioactive 

material, structures and equipment 

associated with the TR–2 facility. With 

this amendment to the SNM–770 

license, the need for the separate TR–2 

license ended. With the termination of 

the TR–2 license, the SNM–770 license 

was the only NRC license in effect for 

radioactive materials on the Waltz Mill 

Site. On March 31, 2008, the State of 

Pennsylvania became an NRC 

Agreement State. Subsequently, the 

SNM–770 license was re-issued by 

Pennsylvania as license PA 1053S. 

Discussion 

A. Requirements for Terminating NonPower Reactor Licenses 

The NRC’s regulations in 10 CFR 

50.82(b)(6) provide that the Commission 

will terminate a non-power reactor 

license if it determines that the 

decommissioning has been performed in 

accordance with the approved 

decommissioning plan, and the terminal 

radiation survey and associated 

documentation demonstrate that the 

facility and site are suitable for release 

in accordance with Subpart E of 10 CFR 

part 20. 

(1) Compliance with the 

Decommissioning Plan (10 CFR 

50.82(b)(6)(i)) As stated above, the NRC 

approved the TR–2 DP in 1998. DP 

Revision 1 (the only revision) revised 

the method for removing the pressure 

vessel from the TR–2 containment 

building. The reactor component and 

equipment removal actions required by 

the TR–2 DP have been successfully 

completed. In its March 2006 guidance 

letter, the NRC advised CBS that the 

only actions then needed to complete 

implementation of the TR–2 DP were: 

(1) Provide documentation showing that 

the remaining radioactive materials 

associated with the TR–2 facility would 

be transferred to the SNM–770 License; 

and (2) issuance of a license amendment 

to the SNM–770 License authorizing the 

transfer of this material. Those actions 

have now been taken and 

implementation of the TR–2 DP is thus 

complete. Accordingly, the NRC finds 

that the requirements of 10 CFR 

50.82(b)(6)(i) have been met. 

(2) Terminal Radiation Survey and 

Associated Documentation (10 CFR 

50.82(b)(6)(ii)) 

In addition to showing that 

decommissioning has been performed in 

accordance with the approved DP, a 

radiation survey and associated 

documentation must show that the 

facility and site are suitable for release 

in accordance with Subpart E of 10 CFR 

Part 20 before a non-power reactor 

license may be terminated. This is the 

mstockstill on PROD1PC66 with NOTICES

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. 

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