31770 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

Dated at Rockville, Maryland this 25th day 

of June 2009. 

For the U.S. Nuclear Regulatory 

Commission. 

Robert E. Einziger, 

Acting Chief, Structural Mechanics and 

Materials Branch, Division of Spent Fuel 

Storage and Transportation, Office of Nuclear 

Materials Safety and Safeguards. 

[FR Doc. E9–15620 Filed 7–1–09; 8:45 am] 

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[NRC–2009–0272; Docket No. 03003754] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Materials License No. 

06–00217–06, for Remediation of 

Portions of a Site in Windsor, CT 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

James Schmidt, (610) 337–5276; or John 

Nicholson, (610) 337–5236; Health 

Physicist, Decommissioning Branch, 

Division of Nuclear Materials Safety, 

Region I, 475 Allendale Road, King of 

Prussia, Pennsylvania 19406; fax 

number (610) 337–5269; or by e-mail: 

jim.schmidt@nrc.gov; 

john.nicholson@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license amendment to 

Materials License No. 06–00217–06 

issued to ABB Inc. (ABB or the 

Licensee). ABB submitted the 

amendment request by letter dated 

December 31, 2008. The proposed 

action would authorize ABB to conduct 

remediation in place of the U.S. Army 

Corps of Engineers (USACE), at portions 

of the ABB site designated as Formally 

Utilized Sites Remedial Action Program 

(FUSRAP) areas. The ABB site, a 612- 

acre parcel located at 2000 Day Hill 

Road, in Windsor, Connecticut (the 

Facility), is currently undergoing sitewide decommissioning. The Facility’s 

FUSRAP areas will be cleaned up by the 

Licensee with NRC oversight, in 

accordance with an agreement between 

the NRC and USACE dated August 15, 

2007. Under this agreement, USACE 

will suspend its FUSRAP activities at 

the Facility after the Licensee modifies 

its previously-approved site 

decommissioning plan (DP) by bringing 

within its scope cleanup of the FUSRAP 

areas. To accomplish this, the Licensee 

submitted a revised DP for NRC review 

and approval as part of its December 31, 

2008, application. 

The NRC has prepared an 

Environmental Assessment (EA) in 

support of this proposed action in 

accordance with the requirements of 

Title 10, Code of Federal Regulations 

(CFR), Part 51 (10 CFR Part 51). Based 

on the EA, the NRC has concluded that 

a Finding of No Significant Impact 

(FONSI) is appropriate with respect to 

the proposed action. The amendment 

will be issued to the Licensee following 

the publication of this FONSI and EA in 

the Federal Register. 

II. Environmental Assessment 

Identification of Proposed Action 

The proposed action would approve 

the Licensee’s December 31, 2008, 

license amendment request. The scope 

of the DP (initially approved on June 1, 

2004) will be expanded to authorize 

ABB to conduct remediation activities 

for select FUSRAP areas at its Facility. 

Changes in the revised DP were 

generally limited to an update to reflect 

the successful remediation of the nonFUSRAP Facility areas, and a 

description of the remaining Facility 

areas to be remediated. However, the 

revised DP does include new derived 

concentration guideline levels (DCGLs) 

for uranium and cobalt-60, to be used 

for one structure: The south portion of 

Building 3, that will remain in place 

following completion of the remediation 

activities. Areas to be remediated under 

the revised DP include all FUSRAP 

areas except the Debris Pile area and 

Site Brook area. These areas are located 

in wetlands and will be the subject of 

a future DP amendment. The specific 

FUSRAP areas to be remediated 

included the removal of part of the five 

acre Building 3 Complex; removal of the 

one acre Building 6 Complex; removal 

of the industrial, waste, and sanitary 

lines associated with the Building 

Complexes; excavation of the seven acre 

Woods Area; and excavation of the one 

acre Drum Burial Pit area. Additionally, 

the revised DP provided for the 

Licensee’s remediation of a two acre 

area termed the Burning Grounds which 

is contaminated with small quantities of 

radium-226 and thorium-232. This area 

was previously remediated to existing 

NRC standards and approved for 

unrestricted use by the NRC on August 

10, 1989. 

Need for the Proposed Action 

The proposed action would allow 

ABB to complete the remaining Facility 

remediation and decommissioning 

activities, thereby reducing residual 

radioactivity at the Facility to a level 

that permits release of the entire 

property for unrestricted use and 

termination of the license. The Licensee 

has been successfully remediating and 

decommissioning the Facility since 

2004 under the previously-approved DP. 

In order to complete remediation of the 

entire Facility, the FUSRAP areas must 

be remediated. NRC is fulfilling its 

responsibilities under the Atomic 

Energy Act to make a decision on a 

proposed license amendment for 

decommissioning that ensures safety 

and protection of the public and the 

environment. 

Environmental Impacts of the Proposed 

Action 

In preparing this EA, the NRC staff 

reviewed the 2004 EA issued in 

connection with the initial DP; the 

Licensee’s Environmental Report 

submitted on February 28, 2008; and the 

revised DP submitted on December 31, 

2008. Additionally, the staff reviewed 

the performance of the 

decommissioning activities completed 

by the Licensee to date. The staff 

concluded that the bases for the findings 

of the 2004 EA remain valid, and are 

applicable to the revised DP. Regarding 

remediation of the FUSRAP areas, 

decommissioning methodologies are 

unchanged from the initial approved DP 

and are appropriate for the contaminant 

concentrations found in the FUSRAP 

area structures and soils. The same 

isotopes that were present in the 

Facility’s non-FUSRAP areas (namely, 

those associated with enriched uranium 

and cobalt-60) exist in the FUSRAP 

areas as well. The FUSRAP buildings 

and areas requiring remediation are 

similar to those already successfully 

remediated and decommissioned at the 

Facility. The amount of waste in 

FUSRAP areas which will need to be 

packaged and shipped to a licensed 

disposal facility is similar to the 

amounts evaluated in the 2004 EA, and 

this waste will be packaged and 

transported to the same disposal facility 

previously used for non-FUSRAP area 

remediation activities. 

As stated above, the revised DP 

includes a new site specific building 

DCGL, to support the unrestricted 

release of the southern portion, or High 

Bay, of Building 3. The staff’s technical 

review confirmed that the licensee’s 

requested site specific total uranium 

and cobalt-60 building DCGLs of 20,148, 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31771 

and 6,980 disintegrations per 100 square 

centimeters, respectively, would result 

in a maximum annual dose of less than 

19 millirem of total effective dose 

equivalent to an average member of a 

critical group occupying the remaining 

structure. Since this dose is less than 25 

millrem per year, use of these DCGLs 

will meet the radiological criteria for 

unrestricted release specified in 10 CFR 

20.1402. The conclusions of the 2004 

EA thus remain valid here for the 

proposed action. 

The revised decommissioning plan 

included additional remediation for the 

Burning Grounds which was previously 

cleaned up to NRC standards and 

approved for unrestricted use in 1989. 

The licensee is performing this 

additional remediation because the 

existing contaminates remaining in this 

area are slightly above decommissioning 

screening values presently being used 

by the NRC staff. The staff reviewed the 

licensee’s proposal to use postremediation soil DCGLs of 1.1 and 0.6 

picocuries per gram of soil for the 

isotopes of thorium-232 and radium226, respectively, which are the 

screening values listed in Table B.2 of 

NUREG 1757, ‘‘Consolidated NMSS 

Decommissioning Guidance,’’ Volume 

1, Revision 2. These values correspond 

to surface soil concentrations that the 

NRC staff has deemed are in compliance 

with the unrestricted release 

requirements of 10 CFR 20.1402, and are 

thus consistent with the 2004 EA 

findings. 

In summary, NRC staff has reviewed 

the revised decommissioning plan for 

the Facility, and examined the impact of 

the proposed additional 

decommissioning activities. Based upon 

its review, the staff has determined that 

environmental impacts associated with 

the proposed action are no greater than 

the impacts found in the 2004 EA, and 

are bounded by the impacts discussed 

in NUREG 1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities,’’ Volumes 

1–3. The staff finds there have been no 

significant environmental impacts to 

date from the use and cleanup of 

radioactive material at the Facility. The 

NRC staff reviewed the docket file 

records to identify any non-radiological 

hazards that may impact the 

environment surrounding the Facility. 

No such hazards or impacts to the 

environment were identified. The NRC 

has identified no other radiological or 

non-radiological activities in the area 

that could result in cumulative 

environmental impacts. 

The staff has considered the impact of 

the proposed FUSRAP area remediation 

at the Facility, and finds that the 

proposed action will not have a 

significant impact on the quality of the 

human environment. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

The Facility is in the process of being 

decommissioned under an approved DP, 

and the NRC has agreed to allow ABB 

to conduct the remediation of the 

FUSRAP areas as part of a formal 

agreement with the USACE. Therefore, 

the only alternative to the proposed 

action to continue the decommissioning 

process at the Facility is no action. The 

no-action alternative is not acceptable 

because it is inconsistent with NRC’s 

Timeliness Rule (10 CFR 30.36), which 

requires licensees to decommission 

their facilities when licensed activities 

cease and to request termination of their 

radioactive materials license. Although 

termination of the NRC and USACE 

agreement would result in unnecessary 

remediation and decommissioning 

delay, the environmental impacts 

created by the action would be 

unchanged. Additionally, denying the 

amendment request would result in no 

change in current environmental 

impacts. The environmental impacts of 

the proposed action and the no-action 

alternative are therefore similar, and the 

no-action alternative is accordingly not 

further considered. 

Conclusion 

The NRC staff reviewed the 

environmental impacts of the proposed 

action in accordance with the 

requirements of 10 CFR 51 and NRC’s 

unrestricted release criteria specified in 

10 CFR 20.1402. The NRC staff has 

determined that incorporating the 

Facility’s FUSRAP areas into the sitewide DP would not significantly affect 

the quality of the human environment. 

Therefore, an environmental impact 

statement is not warranted for the 

proposed action, and pursuant to 10 

CFR 51.32, a FONSI is appropriate. 

Agencies and Persons Consulted 

This EA was prepared by NRC staff 

and coordinated with the following 

agencies: Connecticut Department of 

Environmental Protection and the U.S. 

Fish and Wildlife Services. NRC 

provided a draft of this EA to the 

Connecticut Department of 

Environmental Protection for review on 

May 20, 2009. On June 19, 2009, 

Michael Firsick of the Connecticut 

Department of Environmental Protection 

responded by e-mail. The State agreed 

with the conclusions of the EA, 

however, they included a letter dated 

June 19, 2009, indicating that ABB had 

not submitted the requested surveys to 

indicate the presence of two State 

species of special concern occurring in 

the project vicinity: Eastern box turtle 

(Terrapene carolina) and Eastern 

hognose snake (Heterodon platirhinos). 

On June 24, 2009, Mr. Firsick reported 

by e-mail that the issues identified in 

the June 19, 2009, letter had been 

appropriately resolved with ABB. 

III. Finding of No Significant Impact 

On the basis of this EA, the NRC finds 

that there are no significant 

environmental impacts from the 

proposed action and that preparation of 

an environmental impact statement is 

not warranted. Accordingly, the NRC 

has determined that a FONSI is 

appropriate. 

IV. Further Information 

Documents related to this action, 

including the application for license 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

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

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents related to 

this action are listed below, along with 

their ADAMS accession numbers. 

1. NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance;’’ 

2. Title 10 Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination;’’ 

3. Title 10, Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’ 

4. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of 

NRC–Licensed Nuclear Facilities’’ 

(ML042310492, ML042320379, and 

ML042330385); 

5. NRC letter and safety evaluation 

report to Combustion Engineering, Inc. 

authorizing unrestricted release of the 

woods area (Burning Grounds) dated 

August 10, 1989 (ML091400662); 

6. ABB letter to NRC dated October 

15, 2003, ‘‘Application for Amendment 

of Materials License 06–00217–06’’ 

dated October 15, 2003 (ML033080245, 

ML033080248, and ML033080252); 

7. Enclosure II to ABB letter dated 

October 15, 2003 ‘‘CE Windsor Site 

Decommissioning Plan, October 15, 

31772 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

2003’’ (ML033080254, ML033080258, 

ML033080273, ML033080279, 

ML033080310, and ML033080313); 

8. Enclosure III to ABB letter dated 

October 15, 2003 ‘‘CE Windsor Site 

Derivation of Site-Specific DCGLs, 

September 2003’’ (ML033080318, 

ML033080320, ML033080327, 

ML033080334, ML033080341, 

ML033080346, ML033080352, 

ML033080356, and ML033080366); 

9. ‘‘Environmental Assessment of the 

Proposed Decommissioning Plan for the 

ABB Prospects, Inc. Windsor, 

Connecticut Facility’’ dated May 20, 

2004 (ML041400413); 

10. NRC letter to the USACE dated 

August 15, 2007, ‘‘Proposed Process To 

Decommission and Cleanup the ABB 

Windsor Site’’ (ML072210979); 

11. ABB letter to NRC dated February 

28, 2008, ‘‘Subject: Environmental 

Information Report’’ (ML080850764, 

ML080850789); 

12. ABB letter to the NRC dated 

December 31, 2008, ‘‘Application for 

Amendment of Materials License 06– 

00217–06’’ (ML090160123, 

ML090160128, ML090160370, and 

ML090160378); 

13. Attachment 4 to ABB letter dated 

December 31, 2008, ‘‘CE Windsor Site 

Decommissioning Plan, Revision 1, 

December 2008’’ (ML090160381, 

ML090160388, and ML090160396); 

14. Attachment 5 to ABB letter dated 

December 31, 2008. ‘‘CE Windsor Site 

Development of Building DCGLs, 

Revision 0, December 2008’’ 

(ML090160458, ML090160469, 

ML090160478, and ML090160487); and 

15. State of Connecticut Department 

of Environmental Protection e-mail 

regarding actions to be taken for two 

State species of special concern 

occurring in the CE Windsor Site 

vicinity dated June 19, 2009 

(ML091730286). 

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@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, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Region I, 475 Allendale Road, 

King of Prussia, PA, this 25th day of June 

2009. 

For the Nuclear Regulatory Commission. 

Judith Joustra, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region I. 

[FR Doc. E9–15619 Filed 7–1–09; 8:45 am] 

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[NRC–2009–0267; Docket No. 50–289] 

Exelon Generation Company, LLC; 

Three Mile Island Nuclear Station, Unit 

1; Notice of Availability of the Final 

Supplement 37 to the Generic 

Environmental Impact Statement for 

License Renewal of Nuclear Plants, 

Regarding the License Renewal of 

Three Mile Island Nuclear Station, Unit 

1 

Notice is hereby given that the U.S. 

Nuclear Regulatory Commission (NRC 

or Commission) has published a final 

plant-specific supplement to the 

‘‘Generic Environmental Impact 

Statement for License Renewal of 

Nuclear Plants’’ (GEIS), NUREG–1437, 

regarding the renewal of operating 

license DPR–50 for an additional 20 

years of operation for Three Mile Island 

Nuclear Station, Unit 1 (TMI–1). TMI– 

1 is located in Londonderry Township 

in Dauphin County, Pennsylvania, on 

the northern end of Three Mile Island 

near the eastern shore of the 

Susquehanna River. Possible 

alternatives to the proposed action 

(license renewal) include no action and 

reasonable alternative energy sources. 

As discussed in Section 9.4 of the 

final Supplement 37, based on: (1) The 

analysis and findings in the GEIS; (2) 

the Environmental Report submitted by 

Exelon Generation Company, LLC; (3) 

consultation with Federal, State, and 

local agencies; (4) the NRC staff’s own 

independent review; and (5) the NRC 

staff’s consideration of public 

comments, the NRC determined that the 

adverse environmental impacts of 

license renewal for TMI–1 are not so 

great that preserving the option of 

license renewal for energy-planning 

decisionmakers would be unreasonable. 

The final Supplement 37 to the GEIS 

is publicly available at the NRC Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852, or 

from the NRC’s Agencywide Documents 

Access and Management System 

(ADAMS). The ADAMS Public 

Electronic Reading Room is accessible at 

http://adamswebsearch.nrc.gov/ 

dologin.htm. The accession number for 

the final Supplement 37 to the GEIS is 

ML091751063. Persons who do not have 

access to ADAMS, or who encounter 

problems in accessing the documents 

located in ADAMS, should contact the 

NRC’s PDR reference staff by telephone 

at 1–800–397–4209, or 301–415–4737, 

or by e-mail at pdr.resource@nrc.gov. In 

addition, the following three locations 

have agreed to make the final 

supplement to the GEIS available for 

public inspection: Londonderry 

Township Municipal Building, 783 

South Geyers Church Road, 

Middletown, PA 17057; Middletown 

Public Library, 20 North Catherine 

Street, Middletown, PA 17057; and 

Penn State Harrisburg Library, 351 

Olmsted Drive, Middletown, PA 17057. 

For Further Information Contact:Ms. 

Sarah Lopas, Projects Branch 1, Division 

of License Renewal, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Mail Stop O– 

11F1, Washington, DC 20555–0001. Ms. 

Lopas may be contacted by telephone at 

1–800–368–5642, extension 1147 or via 

e-mail at Sarah.Lopas@nrc.gov. 

Dated at Rockville, Maryland, this 25th day 

of June 2009. 

For the Nuclear Regulatory Commission. 

David L. Pelton, 

Chief, Projects Branch 1, Division of License 

Renewal, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–15637 Filed 7–1–09; 8:45 am] 

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Advisory Committee on Reactor 

Safeguards; Meeting of the Plant 

Operations and Fire Protection 

Subcommittee; Notice of Meeting 

The ACRS Subcommittee on Plant 

Operations & Fire Protection will hold 

a meeting on July 30, 2009, U.S. Nuclear 

Regulatory Commission Region II, Sam 

Nunn Atlanta Federal Center, 23 T85, 61 

Forsyth Street, SW., Atlanta, GA 30303– 

8931. 

This meeting will be open to public 

attendance. 

The agenda for the subject meeting 

shall be as follows: 

July 30, 2009—8 a.m.–3 p.m. 

The Subcommittee will meet with the 

Administrator and Region II staff on 

items of mutual interest. The 

Subcommittee will gather information, 

analyze relevant issues and facts, and 

formulate proposed positions and 

actions, as appropriate, for deliberation 

by the Full Committee at a later date. 

Members of the public desiring to 

observe the meeting, provide oral 

statements and/or written comments