Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 63519 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are: the Licensee’s license 

amendment request and environmental 

evaluation dated April 26, 2010 

(ADAMS ML101190534); the October 1, 

2010, EA for License Amendment No. 

61 (the alternate on-site disposal cell 

location) (ADAMS ML102220253); 

Approval for License Amendment No. 

58 (ADAMS ML073050328); and the 

November 2007, EA for Tailings Pond 2 

(ADAMS ML072670278). 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 1–800–397–4209, 301–415–4737 

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

These 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, Maryland, 20852. The 

PDR reproduction contractor will copy 

documents for a fee. 

Dated at Rockville, Maryland, this 7th day 

of October, 2010. 

For the Nuclear Regulatory Commission. 

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. 2010–25996 Filed 10–14–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0435] 

Notice of Availability of Draft 

Environmental Assessment and Draft 

Finding of No Significant Impact and 

Notice of Public Meeting for the 

Proposed License Renewal for Nuclear 

Fuel Services, Inc. in Erwin, TN 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Availability of Draft 

Environmental Assessment and Draft 

Finding of No Significant Impact; Notice 

of public meeting. 

SUMMARY: Notice is hereby given that 

the U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment the Draft Environmental 

Assessment (EA) and Draft Finding of 

No Significant Impact (FONSI) for the 

proposed renewal of NRC special 

nuclear material license SNM–124 

(License SNM–124) that authorizes 

operations at the Nuclear Fuel Services, 

Inc. (NFS) fuel fabrication facility in 

Erwin, Tennessee. On June 30, 2009, 

NFS submitted to the NRC an 

application in which NFS requested 

renewal of License SNM–124 for a 40- 

year period. 

The Draft EA and Draft FONSI are 

being issued for public review and 

comment based on the NRC staff 

determination that (1) the NFS proposed 

action to renew License SNM–124 for 40 

years is without precedent, because, if 

granted, this would be the first 40-year 

license renewal for a Category I nuclear 

fuel fabrication facility, and (2) the 

preparation of a Draft EA and Draft 

FONSI will further the purposes of the 

National Environmental Policy Act 

(NEPA) of 1969, as amended (42 U.S.C. 

4321 et seq.). 

The NRC staff’s environmental review 

of the proposed 40-year license renewal 

is documented in the Draft EA, which 

was prepared following NRC regulations 

at title 10 of the U.S. Code of Federal 

Regulations (10 CFR) part 51 that 

implement NEPA, and in accordance 

with NRC staff guidance in NUREG– 

1748, ‘‘Environmental Review Guidance 

for Licensing Actions Associated with 

NMSS Programs.’’ In the Draft EA, the 

NRC staff identifies and evaluates the 

potential environmental impacts of the 

proposed renewal of License SNM–124 

and any reasonable alternatives. Based 

on the Draft EA, the NRC staff has made 

a preliminary determination that 

renewal of License SNM–124 for a 40- 

year period will not significantly affect 

the quality of the human environment 

and that a finding of no significant 

impact should therefore be made. By 

this notice, the NRC staff is requesting 

public comment on the Draft FONSI and 

on the supporting Draft EA. 

The NRC staff will hold a public 

meeting on October 26, 2010, to accept 

oral and written public comments on 

the Draft FONSI and Draft EA. The 

meeting will take place at the Erwin 

Town Hall in Erwin, Tennessee. For one 

hour prior to the public meeting, the 

NRC staff will be available to informally 

discuss the proposed action and answer 

questions in an ‘‘open house’’ format. 

The public meeting will officially begin 

at 6 p.m. The meeting will include (1) 

NRC staff presentations summarizing 

the NRC’s roles and responsibilities 

with respect to the proposed license 

renewal and also the contents of the 

Draft EA that supports the Draft FONSI, 

and (2) an opportunity for interested 

government agencies, Tribal 

governments, organizations, and 

individuals to provide oral or written 

comments on the Draft EA and Draft 

FONSI. The public meeting will be 

transcribed by a court reporter, and the 

meeting transcript will be made 

publicly available at a later date. 

Persons wishing to provide oral 

comments at the public meeting may 

register in advance by contacting Ms. 

Tarsha Moon at (800) 368–5642, ext. 

6745, no later than October 22, 2010. 

Those who wish to present oral 

comments may also register at the 

meeting. Individual oral comments may 

have to be limited by the time available, 

depending upon the number of persons 

who register. Written comments can 

also be provided at the meeting, and 

should be given to an NRC staff person 

at the registration desk at the meeting 

entrance. If special equipment or 

accommodations are needed to attend or 

present information at the public 

meeting, the need should be brought to 

the attention of Ms. Tarsha Moon at 

(800) 368–5642, ext. 6745, no later than 

October 22, 2010, to provide NRC staff 

with adequate notice to determine 

whether the request can be 

accommodated. Please note that 

comments do not have to be provided at 

the public meeting and may be 

submitted at any time during the 

comment period, as described in the 

DATES section of this notice. Any 

interested party may submit comments 

on the Draft EA and Draft FONSI for 

consideration by NRC staff. Comments 

may be submitted by any of the methods 

described in the ADDRESSES section of 

this notice. 

DATES: The public comment period on 

the Draft FONSI and the Draft EA begins 

on the date of publication of this notice 

and ends on November 13, 2010. To 

ensure consideration, comments on the 

Draft FONSI and Draft EA must be 

received or postmarked by November 

13, 2010. The NRC staff will consider 

comments received or postmarked after 

that date to the extent practical. 

The NRC will conduct a public 

meeting in Erwin, Tennessee. The 

meeting date, time, and location are 

listed below: 

Meeting Date: October 26, 2010. 

Meeting Location: Erwin Town Hall, 

211 North Main, Avenue, Erwin, 

Tennessee 37650. 

Informal Open House Session: 5–6 

p.m. 

Public Comment Meeting: 6–9 p.m. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2009– 

0435 in the subject line of your 

comments. 

Electronic Mail: Comments may be 

sent by electronic mail to the following 

address: NuclearFuel_DraftEA@nrc.gov. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

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63520 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 

for documents filed under Docket ID 

NRC–2009–0435. Comments may be 

submitted electronically through this 

Web site. Address questions about NRC 

dockets to Carol Gallagher at 301–492– 

3668, or e-mail at 

Carol.Gallagher@nrc.gov. 

Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Division of 

Administrative Services, Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RADB at (301) 492– 

3446. 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site http:// 

www.regulations.gov. Unless your 

comments contain sensitive information 

typically not released to the public by 

NRC policy, the NRC will make all 

comments publically available. Because 

your comments will not be edited to 

remove any identifying information, the 

NRC cautions you against including any 

information in your submission that you 

do not want to be publicly disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Document Availability: Publicly 

available documents related to this 

notice can be accessed using any of the 

methods described in this section. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied, for a fee, publicly available 

documents related to the NFS facility 

and license renewal at the NRC’s PDR, 

located at One White Flint North, 11555 

Rockville Pike (first floor), Rockville, 

Maryland 20852. Members of the public 

can contact the NRC’s PDR reference 

staff by calling 1–800–397–4209, by 

faxing a request to 301–415–3548, or by 

e-mail to pdr.resource@nrc.gov. Hard 

copies of the documents are available 

from the PDR for a fee. 

NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Members of the public can 

access the NRC’s ADAMS at http:// 

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

From this Web site, the following 

documents related to the NRC’s 

environmental review can be obtained 

by entering the accession numbers 

provided: 

• The NFS license renewal 

application (ADAMS Accession 

Number: ML091880040) and the 

accompanying Environmental Report 

(ADAMS Accession Number: 

ML091900072), 

• The NRC request for additional 

information (ADAMS Accession 

Number: ML100680426), 

• The NFS response providing 

additional information (ADAMS 

Accession Number: ML101590160), and 

• The NRC Draft FONSI (ADAMS 

Accession Number: ML102790260) and 

supporting Draft EA (ADAMS Accession 

Number: ML102650505). 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2009–0435. 

Additionally, copies of the Draft 

FONSI and supporting Draft EA will be 

available at the following public 

libraries: 

Unicoi County Public Library, 201 

Nolichucky Avenue, Erwin, 

Tennessee 37650–1239. 423–743– 

6533. 

Jonesborough Branch, Washington 

County Library, 200 Sabin Drive, 

Jonesborough, Tennessee 37659–1306. 

423–753–1800. 

Greeneville/Green County Public 

Library, 210 North Main Street, 

Greeneville, Tennessee 37745–3816. 

423–638–5034. 

FOR FURTHER INFORMATION CONTACT: For 

information about the Draft FONSI, the 

Draft EA, or the environmental review 

process, please contact James Park at 

(301) 415–6935 or James.Park@nrc.gov. 

For general or technical information 

associated with the review of the NFS 

license renewal application, please 

contact Kevin Ramsey at (301) 492–3123 

or Kevin.Ramsey@nrc.gov. 

SUPPLEMENTARY INFORMATION: On June 

30, 2009, NFS submitted an application 

and accompanying environmental 

report to the NRC to request renewal of 

License SNM–124. On October 6, 2009, 

the NRC provided notice in the Federal 

Register (74 FR 51323) of its receipt of 

the license renewal application and also 

noticed an opportunity to request a 

hearing on the application; no requests 

for a hearing were received. Under the 

conditions of License SNM–124, NFS 

operates a nuclear fuel fabrication 

facility located in Erwin, Tennessee. If 

granted as proposed, the renewed 

license would allow NFS to continue 

operations and activities at the site for 

a 40-year period to begin with issuance 

of the renewed license. 

The NRC staff prepared the Draft EA 

following NRC regulations at 10 CFR 

part 51 that implement NEPA. 

Preparation of the Draft EA is part of the 

NRC’s process to decide whether to 

renew the NFS license, pursuant to 10 

CFR parts 20 and 70, and thus authorize 

continued operations at the NFS facility. 

In accordance with the provisions of 10 

CFR part 70, the current license 

authorizes NFS to receive, possess, 

store, use, and ship SNM enriched up to 

100 percent. Under the proposed action 

analyzed in the Draft EA, NFS would 

continue production of reactor fuel for 

government operations and for 

commercial domestic operations. 

In addition to NFS’ proposed action to 

renew its license for 40 years, the NRC 

staff analyzed two alternatives: (1) The 

no-action alternative, and (2) renewing 

the NFS license for 10 years. Under the 

no-action alternative, NRC would not 

renew License SNM–124, and as a 

result, operations at the NFS site would 

be required to cease. Also, NFS would 

be required under 10 CFR 70.38 to 

submit a detailed site decommissioning 

plan, and facility decommissioning 

would begin upon NRC approval of that 

plan. NRC’s review would address both 

the health and safety and the 

environmental aspects of the proposed 

decommissioning plan. 

NRC considered a 10-year license 

renewal period as an alternative. A 

period of 10 years was chosen as an 

alternative because the license was 

previously renewed for this time period. 

The NRC staff did not separately 

address the 10-year alternative 

throughout the Draft EA, because the 

staff determined that the site operations 

and the types of potential impacts 

during a 10-year license renewal period 

would be expected to be the same for 

the proposed 40-year license renewal 

period. Additionally, the significance of 

the potential impacts also would be the 

same under the 10-year renewal 

alternative even though proportionally, 

the impacts would be reduced for 

certain environmental resource areas 

(i.e., for transportation, public and 

occupational health, and waste 

management) under that alternative. 

The table below summarizes the 

potential environmental impacts for 

each of the three alternatives. Using 

guidance in NUREG–1748, the NRC staff 

evaluated the potential impacts and 

then categorized the impacts as follows: 

• SMALL—environmental effects are 

not detectable or are so minor that they 

will neither destabilize nor noticeably 

alter any important attribute of the 

resource; 

• MODERATE—environmental 

effects are sufficient to alter noticeably, 

but not to destabilize, important 

attributes of the resource; or 

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Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 63521 

• LARGE—environmental effects are 

clearly noticeable and are sufficient to 

destabilize important attributes of the 

resource. 

SUMMARY OF POTENTIAL ENVIRONMENTAL IMPACTS

Resource area Proposed action 

(40-Year Renewal) 10-Year renewal No-action 

Land Use ....................................... SMALL .......................................... SMALL .......................................... MODERATE. 

Transportation ................................ SMALL (overall), MODERATE 

(local).

SMALL (overall), MODERATE 

(local).

SMALL (overall), MODERATE 

(local). 

Socioeconomics ............................. SMALL .......................................... SMALL .......................................... SMALL to MODERATE. 

Air Quality ...................................... SMALL .......................................... SMALL .......................................... SMALL. 

Water Resources—Surface Water SMALL .......................................... SMALL .......................................... SMALL to MODERATE. 

Water Resources—Groundwater ... SMALL to MODERATE ................ SMALL to MODERATE ................ SMALL to MODERATE. 

Geology & Soils ............................. SMALL (geology), SMALL to 

MODERATE (soils).

SMALL (geology), SMALL to 

MODERATE (soils).

SMALL (geology), MODERATE 

(soils). 

Ecology .......................................... SMALL .......................................... SMALL .......................................... SMALL to MODERATE. 

Noise .............................................. SMALL .......................................... SMALL .......................................... SMALL to MODERATE. 

Historic & Cultural .......................... SMALL .......................................... SMALL .......................................... SMALL. 

Scenic & Visual .............................. SMALL .......................................... SMALL .......................................... MODERATE. 

Public & Occupational Health ........ SMALL .......................................... SMALL .......................................... SMALL. 

Public & Occupational Health—Accidents.SMALL to MODERATE ................ SMALL to MODERATE ................ SMALL. 

Waste Management ....................... SMALL .......................................... SMALL .......................................... MODERATE. 

Based on its review of the proposed 

action relative to the requirements set 

forth in 10 CFR part 51, the NRC staff 

has preliminarily determined that 

renewal of License SNM–124, which 

would authorize operations at NFS’s 

nuclear fuel fabrication facility in 

Erwin, Tennessee to continue for a 

period of 40 years would not 

significantly affect the quality of the 

human environment. The facility 

already exists, and no changes to the 

site or to facility operations are 

associated with the proposed license 

renewal. As such, the proposed action 

can be considered a continuation of 

impacts and was evaluated based on 

impacts from past operations. Gaseous 

emissions and liquid effluents are 

controlled and monitored by permit and 

are within regulatory limits for nonradiological and radiological 

components. Public and occupational 

radiological dose exposures are below 

10 CFR part 20 regulatory limits. 

Therefore, based on this preliminary 

assessment, an Environmental Impact 

Statement (EIS) is not warranted, and 

pursuant to 10 CFR 51.31, a Finding of 

No Significant Impact is appropriate. 

The Draft FONSI and supporting Draft 

EA are a preliminary analysis of the 

environmental impacts of the proposed 

action and its alternatives. Based on 

comments received on the Draft FONSI 

and Draft EA, the staff may publish a 

Final FONSI and Final EA, or instead 

may find that preparation of an EIS is 

warranted should significant impacts 

resulting from the proposed action be 

identified. Should an EIS be warranted, 

a Notice of Intent to prepare the EIS will 

be published in the Federal Register. 

Pursuant to 10 CFR 51.33(a), the NRC 

staff is making the Draft FONSI and 

Draft EA available for public review and 

comment. The public comment period 

begins with publication of this Notice 

and continues until November 13, 2010. 

Written comments should be submitted 

as described in the ADDRESSES section of 

this notice. The NRC will consider 

comments received or postmarked after 

that date to the extent practical. 

Dated at Rockville, Maryland, this 8th day 

of October, 2010. 

For the Nuclear Regulatory Commission. 

David Skeen, 

Acting Deputy Director, Environmental 

Protection and Performance Assessment 

Directorate, Division of Waste Management 

and Environmental Protection, Office of 

Federal and State Materials and 

Environmental Management Programs. 

[FR Doc. 2010–25997 Filed 10–14–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–043; NRC–2010–0215] 

PSEG Power, LLC and PSEG Nuclear, 

LLC; PSEG Site Early Site Permit 

Application, Notice of Intent To 

Prepare an Environmental Impact 

Statement and Conduct Scoping 

Process 

PSEG Power, LLC and PSEG Nuclear, 

LLC have submitted an application for 

an early site permit (ESP) for the PSEG 

Site, which is located on the southern 

part of Artificial Island on the east bank 

of the Delaware River in Lower 

Alloways Creek Township, Salem 

County, New Jersey. The application for 

the ESP was submitted by PSEG Power, 

LLC and PSEG Nuclear, LLC by letter 

dated May 25, 2010, pursuant to Title 10 

of the Code of Federal Regulations (10 

CFR), Part 52. 

A notice of receipt and availability of 

the application including the 

environmental report (ER) was 

published in the Federal Register on 

June 18, 2010 (75 FR 34794). A notice 

of acceptance for docketing of the 

application for the ESP was published 

in the Federal Register on August 13, 

2010 (75 FR 49539). A notice of hearing 

and opportunity to petition for leave to 

intervene will be published at a later 

date. 

The purposes of this notice are (1) to 

inform the public that the U.S. Nuclear 

Regulatory Commission (NRC) will be 

preparing an environmental impact 

statement (EIS) as part of the review of 

the ESP application and (2) to provide 

the public with an opportunity to 

participate in the environmental 

scoping process as defined in 10 CFR 

51.29. The NRC intends to invite the 

U.S. Army Corps of Engineers, 

Philadelphia District, to participate in 

the preparation of the EIS as a 

cooperating agency. The purpose of 

cooperation with the Corps is to develop 

an environmental impact statement that 

serves the needs of the NRC license 

decision process and the Corps’ permit 

decision process. Also, to comply with 

Section 106 of the National Historic 

Preservation Act, the NRC staff intends 

to use the procedures outlined in 36 

CFR 800.8(c) for the preparation of the 

EIS on the proposed action, in lieu of 

mstockstill on DSKH9S0YB1PROD with NOTICES