[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Notices]
[Pages 101-102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32031]


[[Page Unknown]]

[Federal Register: January 3, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-352, 50-353, 50-322]
[DD-93-22]

 

Shipments of Fuel From Long Island Power Authority's Shoreham 
Nuclear Power Station to Philadelphia Electric Company's Limerick 
Generating Station; Issuance of Director's Decision Under 10 CFR 2.206

    Notice is hereby given that the Director, Office of Nuclear 
Material Safety and Safeguards, has taken action with regard to the 
Petition of October 8, 1993, filed by Fred DeVesa, Esq., Acting 
Attorney General of New Jersey, on behalf of the New Jersey Department 
of Environmental Protection and Energy (Petitioner). The Petitioner 
requested that the Commission: (1) Amend Long Island Power Authority's 
(LIPA's) decommissioning plan to specifically address the transfer and 
transport of LIPA's fuel to Philadelphia Electric Company (PECo); (2) 
perform an Environmental Assessment (EA), pursuant to 10 CFR 51.30, and 
make a determination based on the EA, pursuant to 10 CFR 51.31, 
regarding the proposed transfer and transport of the fuel by barge, 
from LIPA to PECo, which addresses the risks associated with the 
shipment of the fuel along and through New Jersey's coastal zone; (3) 
perform a Consideration of Alternatives, in accordance with section 
102(2)(E) of the National Environmental Policy Act (NEPA) and 40 CFR 
1509(b), which addresses alternative means of transporting fuel from 
LIPA to PECo; and (4) immediately stay PECo's June 23, 1993, license 
amendments, the Certificate of Compliance regarding the IF-300 issued 
to Pacific Nuclear Systems, and LIPA's license and general license to 
transfer the fuel pursuant to 10 CFR 71.12 pending completion of the 
above actions and compliance with the consistency process under the 
Coastal Zone Management Act (CZMA). The Petitioner asserted, in support 
of these requests, that the U.S. Nuclear Regulatory Commission has 
violated NEPA, the CZMA, and the Atomic Energy Act by allowing the 
transfer and transport of LIPA's fuel to proceed absent any 
consideration of the potential effects on New Jersey's coastal zone, 
any case-specific environmental impact analysis, or any consideration 
of alternatives to the means of transport. Specifically, the Petitioner 
asserted that: (1) The NRC failed to consider alternatives under NEPA 
for the proposed action; (2) the NRC failed to perform an EA for the 
transfer and barge transport of LIPA's fuel; (3) the NRC's EA for 
PECo's license amendments was inadequate; (4) the NRC violated NEPA by 
segmenting the approval of the transfer and transport by barge; (5) the 
NRC failed to require LIPA to obtain necessary approvals; and (6) the 
NRC violated the CZMA by failing to require necessary consistency 
reviews. The Notice of Receipt of Petition for Director's Decision, 
under 10 CFR 2.206, was published in the Federal Register on October 
29, 1993 (58 FR 58203).
    The Director of the Office of Nuclear Material Safety and 
Safeguards has determined to deny the Petition. The reasons for this 
denial are explained in the ``Director's Decision under 10 CFR 2.206'' 
(DD-93-22), which is available for public inspection in the 
Commission's Public Document Room, the Gelman Building, 2120 L Street, 
NW. (Lower Level), Washington, DC 20555.
    A copy of this decision will be filed with the Secretary for the 
Commission's review in accordance with 10 CFR 2.206(c) of the 
Commission's regulations. As provided by this regulation, the decision 
will constitute the final action of the Commission 25 days after the 
date of issuance of the decision unless the Commission, on its own 
motion, institutes a review of the decision within that time.


    Dated at Rockville, Maryland, this 23rd day of December 1993.

    For the Nuclear Regulatory Commission.
Robert M. Bernero,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 93-32031 Filed 12-30-93; 8:45 am]
BILLING CODE 7590-01-M