27572 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 

NUREG–1773, ‘‘Environmental 

Impact Statement for the Proposed 

Idaho Spent Fuel Facility at the Idaho 

National Engineering and 

Environmental Laboratory in Butte 

County, Idaho’’ (January 2004), 

considered the potential environmental 

impacts of licensing (including 

construction, operation, and 

decommissioning) this facility. The 

proposed exemption, substituting the 

DOELAP accreditation process for the 

NVLAP accreditation process, would 

not change the potential environmental 

effects assessed in the Final 

Environmental Impact Statement (FEIS) 

described in NUREG–1773. Use of the 

DOELAP accreditation process by DOE 

at the ISF facility is an action that is 

administrative and procedural in nature. 

The NRC concludes that there are no 

environmental impacts associated with 

the approval of the proposed action. 

Furthermore, in accordance with 10 

CFR 20.2301, the NRC staff concludes 

that the use of the DOELAP 

accreditation process at the ISF facility 

would not result in any undue hazard 

to life or property. 

Alternative to the Proposed Action: 

Since there are no significant 

environmental impacts associated with 

the proposed action, any alternatives 

with equal or greater environmental 

impacts are not evaluated. The 

alternative to the proposed action would 

be to deny approval of the 10 CFR 

20.1501(c) exemption and, therefore, not 

allow use of the DOELAP. This 

alternative would have no significant 

environmental impact as well. 

Agencies and Persons Consulted: The 

staff discussed this exemption request 

with Ms. Susan Burke, Idaho National 

Laboratory (INL) Coordinator for the 

State of Idaho, INL Oversight Program, 

on May 19, 2009. The State official had 

no comments regarding the 

environmental impact of the proposed 

action. NRC staff has determined that 

the proposed action will not affect listed 

species or critical habitat. Therefore, no 

consultation is required under Section 7 

of the Endangered Species Act. 

Likewise, NRC staff has determined that 

the proposed action is not the type of 

activity that has potential to cause 

effects on historic properties. Therefore, 

no consultation is required under 

Section 106 of the National Historic 

Preservation Act. 

Conclusion: The staff has reviewed 

the exemption request submitted by 

DOE. Allowing the use of DOELAP as an 

alternative to NVLAP would have no 

significant impact on the environment. 

Finding of No Significant Impact 

The environmental impacts of the 

proposed action have been reviewed in 

accordance with the requirements set 

forth in 10 CFR Part 51. Based upon the 

foregoing EA, the NRC finds that the 

proposed action of granting an 

exemption from 10 CFR 20.1501(c) so 

that DOE may use the DOELAP, rather 

than the NVLAP, as required by existing 

regulations, will not significantly 

impact the quality of the human 

environment. The NRC has determined 

not to prepare an environmental impact 

statement for the proposed exemption. 

Accordingly, it has been determined 

that a Finding of No Significant Impact 

is appropriate. 

For further details with respect to the 

application, see the application dated 

May 30, 2008, and the request for the 

exemption dated June 9, 2008, available 

for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area O1 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records are 

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. 

The ADAMS Accession numbers for the 

application and exemption request are 

ML081630246 and ML081750395, 

respectively. 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.resource@nrc.gov. 

Dated at Rockville, Maryland this 2nd day 

of June 2009. 

For the Nuclear Regulatory Commission. 

Shana Helton, 

Senior Project Manager, Licensing Branch, 

Division of Spent Fuel Storage and Transport, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. E9–13577 Filed 6–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 52–012–COL and 52–013– 

COL; ASLBP No. 09–885–08–COL–BD01] 

Atomic Safety and Licensing Board 

Panel; In the Matter of South Texas 

Project Nuclear Operating Company 

(South Texas Project Units 3 and 4); 

Notice and Order (Regarding Oral 

Argument) 

June 04, 2009. 

Before the Licensing Board: Michael 

M. Gibson, Chairman; Gary S. Arnold; 

Randall J. Charbeneau. 

Oral argument will be heard on 

standing and contention admissibility 

issues presented with regard to a 

hearing request received in this 

proceeding, which involves the 

application of South Texas Project 

Nuclear Operating Company for a 

combined operating license of its 

planned construction and operation of 

two Advanced Boiling Water Reactors it 

has designated as Units 3 and 4. 

The participants are advised of the 

following information regarding the 

schedule for the initial prehearing 

conference in this proceeding: 

Date: Tuesday, June 23—Wednesday, 

June 24, 2009. 

Starting Time: 9 a.m. Central Time 

(CT). 

Location: Bay City Civic Center, Main 

Hall Room 100, 201 7th St., Bay City, 

TX 77414. 

Currently, the Board anticipates that 

this conference should last no more 

than two days. The Board will issue a 

separate order in the near future 

providing more information on issues it 

wishes the participants to address 

during the conference as well as details 

on a site visit. 

It is so ordered. 

Rockville, Maryland. June 04, 2009. 

For the Atomic Safety and Licensing 

Board. 

Michael M. Gibson, 

Chairman. 

[FR Doc. E9–13574 Filed 6–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0142] 

State of New Jersey: NRC Staff 

Assessment of a Proposed Agreement 

Between the Nuclear Regulatory 

Commission and the State of New 

Jersey 

AGENCY: Nuclear Regulatory 

Commission. 


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