[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Notices]
[Pages 38720-38721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18943]


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DEPARTMENT OF ENERGY


Revision to the Record of Decision for the Final Environmental 
Impact Statement on a Proposed Nuclear Weapons Nonproliferation Policy 
Concerning Foreign Research Reactor Spent Nuclear Fuel

AGENCY: Department of Energy.

ACTION: Revision to Record of Decision.

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SUMMARY: The Department of Energy (DOE), pursuant to 10 CFR 
Sec. 1021.315, and in consultation with the Department of State, is 
revising the Record of Decision issued on May 13, 1996 (61 Fed. Reg. 
25092) on the Final Environmental Impact Statement on a Proposed 
Nuclear Weapons Nonproliferation Policy Concerning Foreign Research 
Reactor Spent Nuclear Fuel (the Final EIS, DOE/EIS-218F of February 
1996), to allow the United States to take title to spent nuclear fuel 
and target material from foreign research reactors located in countries 
with other-than-high-income economies, as defined in the Final EIS, at 
locations other than the port of entry into the United States.

EFFECTIVE DATE: The revision to the Record of Decision is effective 
July 22, 1996.

FOR FURTHER INFORMATION CONTACT: For further information on the DOE 
program for the management of foreign research reactor spent nuclear 
fuel or the Record of Decision, contact: Mr. David G. Huizenga, 
Associate Deputy Assistant Secretary for Nuclear Material and Facility 
Stabilization, Office of Environmental Management (EM-60), U.S. 
Department of Energy, 1000 Independence Avenue, SW, Washington, D.C. 
20585, (202) 586-5151. For information on DOE's National Environmental 
Policy Act (NEPA) process, contact: Ms. Carol Borgstrom, Director, 
Office of NEPA Policy and Assistance (EH-42), U.S. Department of 
Energy, 1000 Independence Avenue, SW, Washington, DC 20585, Telephone 
(202) 586-4600, or leave a message at 1-800-472-2756.

SUPPLEMENTARY INFORMATION:

I. Background

    DOE, in consultation with the Department of State, issued the Final 
Environmental Impact Statement on a Proposed Nuclear Weapons 
Nonproliferation Policy Concerning Foreign Research Reactor Spent 
Nuclear Fuel (the Final EIS, DOE/EIS-218F) on February 16, 1996. The 
Record of Decision was issued on May 13, 1996, and was published in the 
Federal Register on May 17, 1996, (61 Fed. Reg. 25092). In the Final 
EIS, DOE and the Department of State considered the potential 
environmental impacts of a proposed policy to manage spent nuclear fuel 
and target material from foreign research reactors. After consideration 
of public comments submitted on the Draft EIS, and concerns expressed 
following issuance of the Final EIS, DOE, in consultation with the 
Department of State, decided to implement the proposed policy as 
identified in the Preferred Alternative contained in the Final EIS, 
subject to additional stipulations specified in Section VII of the 
Record of Decision.

II. Statement of Purpose

    Subsequent to issuance of the Record of Decision on May 13, 1996, 
DOE, in consultation with the Department of State, determined that the 
need may arise during implementation of the policy for the United 
States to take title to spent nuclear fuel and target material from 
foreign research reactors located in countries with other-than-high-
income economies at locations other than the port of entry into the 
United States.
    Reason for the Revision: The point at which title to the spent 
nuclear fuel and target material transfers from the reactor operator to 
the United States has no effect on the physical processes that would 
take place under the acceptance policy, and thus would not have any 
effect on the potential impacts to the environment, workers, or the 
public. As a result, DOE, after consultation with the Department of 
State, concluded that the selection of the title transfer location 
could be made solely on programmatic considerations. At the time the 
Record of Decision was issued, DOE had not identified any advantage to 
the United States of taking title outside the United States. Therefore, 
the Record of Decision stated that transfer of title would occur when 
the foreign research reactor spent nuclear fuel and target material 
actually enters the land mass of the United States because that 
approach linked the transfer of title to an easily identifiable 
occurrence.
    In the course of diplomatic discussions with Chile, Brazil, and 
Colombia, these foreign governments raised an important concern related 
to the location of the title transfer. Specifically, since the 
Department is seeking to include transportation casks from multiple 
South American countries on a single ocean-going vessel, a question has 
arisen regarding who would be liable for any potential damage when 
spent fuel from one country is in the territory of another during the 
shipment. Furthermore, DOE has been informed that shipowners

[[Page 38721]]

willing to transport spent nuclear fuel from South America without 
coverage under the Price-Anderson Act have not been identified. The 
United States Government can assume responsibility for these shipments 
and extend Price-Anderson Act coverage to the shipowners while the 
material is outside United States territory only if the United States 
has taken title to the spent nuclear fuel. Therefore, rather than 
taking title at the point the spent fuel actually enters the land mass 
of the United States (at the United States port), DOE is herein 
revising the Record of Decision to allow the title transfer location 
for spent nuclear fuel or target material from reactors located in 
countries with other-than-high-income economies to be determined on a 
case-by-case basis, to be specified in DOE's individual contracts with 
the reactor operators. Under such an approach, title could transfer as 
early as the departure of the loaded cask from the reactor site or at 
the foreign port-of-origin, or as late as entry into the United States 
as specified in the May 13, 1996, Record of Decision.
    Similar liability concerns are not applicable for reactors in 
countries with high-income economies because reactor operators in these 
countries are able to provide sufficient insurance for transporting 
their own spent nuclear fuel to the United States.
    For the reasons set forth above, Section VII (``Decision'') of the 
Record of Decision issued on May 13, 1996, is revised by adding a new 
Paragraph E to read as follows:

    E. In the case of research reactors located in countries with 
high-income economies, as defined in the Final EIS, the United 
States will take title to the spent nuclear fuel and target material 
when it reaches the United States port of entry. In the case of 
research reactors located in countries with other-than-high-income 
economies, as defined in the Final EIS, the United States may take 
title to the spent nuclear fuel and target material at locations 
other than the port of entry into the United States. On a case-by-
case basis, the United States may determine whether it is in its 
best interests, with regard to the execution of this policy, to take 
title to certain spent nuclear fuel and target material before it 
reaches the port of entry into the United States. The title transfer 
location will be specified in the contract with the affected reactor 
operator.

    In addition, Section IX (``Basis for the Decision''), Paragraph G 
(``Title Transfer Location'') of the Record of Decision is revised to 
read as follows:

    G. Title Transfer Location--The alternative points at which DOE 
might take title to the spent nuclear fuel and target material are 
discussed in Sections 2.2.1.4 and 2.2.2.4 of the Final EIS. The 
point at which title will be transferred has no effect on the 
physical processes that would take place, and thus will not have any 
effect on the impacts on the environment, workers, or the public. 
However, the point of title transfer does affect financial 
responsibility for risks associated with the shipments.
    Under United States law, the Price-Anderson Act would provide 
indemnification coverage for spent nuclear fuel and target material 
shipments from foreign research reactors upon entry of the material 
into the United States regardless of when title is transferred to 
the United States. However, Price-Anderson coverage outside United 
States territory is provided only if the material is owned by, and 
used by, or under contract with the United States. Reactor operators 
located in countries with high-income economies are able to provide 
sufficient insurance for transporting their own spent nuclear fuel 
without Price-Anderson coverage. For countries with other-than-high-
income economies, however, DOE has been informed that shipowners 
willing to transport spent nuclear fuel without coverage under the 
Price-Anderson Act have not been identified.
    The approach for transfer of title discussed in Section VII.E., 
ensures that liability for accidents during the transportation 
process outside the United States will remain with the reactor 
operators for reactors in countries with high-income economies, 
while the United States Government will be accountable in the 
unlikely event of an accident within United States territory. On the 
other hand, the provision allowing DOE to take title to spent fuel 
from reactors in countries with other-than-high-income economies 
while the material is outside United States territory will allow DOE 
to assume financial responsibility for these shipments while outside 
the United States. This provision will provide a mechanism whereby 
liability coverage can be provided for segments of the 
transportation process that the reactor operators are unable 
themselves to provide.

    The revision of the Record of Decision set forth in this Notice 
complies with the requirements of the National Environmental Policy Act 
(42 U.S.C. section 4321 et seq.) and its implementing regulations at 40 
CFR Parts 1500-1508 and 10 CFR Part 1021. Because there are no 
environmental impacts associated with changing the title transfer 
location, no further environmental review is required under the 
National Environmental Policy Act or Executive Order 12114 (January 4, 
1979) in order to effectuate the revision.

    Issued in Washington, D.C., this 22nd day of July, 1996.
Alvin L. Alm,
Assistant Secretary for Environmental Management.
[FR Doc. 96-18943 Filed 7-24-96; 8:45 am]
BILLING CODE 6450-01-P