[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Notices]
[Pages 15737-15739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8402]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-9]
Department of Energy Issuance of Environmental Assessment and
Finding of No Significant Impact Regarding The Transfer of The
Materials License SNM-2504 and Subsequent License Amendment For The
Fort St. Vrain Independent Spent Fuel Storage Installation From The
Public Service Company of Colorado to The U.S. Department of Energy
The Nuclear Regulatory Commission is considering the issuance of an
order approving an application from the U.S. Department of Energy,
Idaho Operations Office (the applicant or DOE-ID) dated December 17,
1996, as supplemented February 4, 5, and 18, and March 12 and 13, 1997,
for the transfer of Materials License SNM-2504 and subsequent license
amendment, under the provisions of 10 CFR Part 72. In its application,
DOE-ID included the ``Environmental Report for the Fort St. Vrain
Independent Spent Fuel Storage Installation'' (December 1996).
Environmental Assessment
Identification of the Proposed Action
The applicant is seeking NRC approval to take possession of spent
nuclear fuel and other radioactive materials associated with spent
nuclear fuel storage presently in the possession of the Public Service
Company of Colorado (PSCo) at its Fort St. Vrain (FSV) independent
spent fuel storage installation (ISFSI) located in Weld County,
Colorado, and to own and operate the FSV ISFSI. The transfer of an
ISFSI license is subject to NRC approval under 10 CFR 72.50, ``Transfer
of License.'' Pursuant to the provisions of 10 CFR Part 72, the term of
the license for the ISFSI would remain as is currently licensed, and
the license would expire on November 30, 2011. If the application for
transfer is approved, the Commission will issue an order consenting to
the transfer. The NRC is also considering an amendment to the materials
license to reflect DOE-ID as the new licensee for the FSV ISFSI and the
addition of revised Appendices A, B, and C to the license.
[[Page 15738]]
After the transfer of the license and subsequent license amendment,
DOE will be responsible for all activities at the FSV ISFSI, including,
but not limited to, operations, maintenance, surveillance, emergency
response, environmental and radiological monitoring, training, and
security.
Need for the Proposed Action
DOE-ID applied for a transfer of Materials License SNM-2504 from
PSCo to DOE. Materials License SNM-2504 authorizes PSCo to receive,
handle, possess, and store spent nuclear fuel elements from the FSV
High-Temperature Gas-Cooled Reactor (HTGR) in the FSV ISFSI. The
authorized place of use is the FSV ISFSI located on a tract of land
adjacent to the former FSV Nuclear Generating Station, located in Weld
County, Colorado, near the town of Platteville, Colorado.
The FSV HTGR was built and operated as an advanced reactor concept
with cooperation between U.S. Atomic Energy Commission (AEC), Gulf
General Atomic, and PSCo. In 1980, DOE agreed to take title to eight
fuel segments from the FSV HTGR. DOE also agreed that, in the sole
discretion of DOE and under certain conditions, DOE would accept
additional spent fuel elements without further adjustment to the
contract. Fuel segments 1 through 3 were received by Idaho National
Engineering Laboratory (INEL): segment 1 in 1980; segment 2 in 1982;
and segment 3 in 1984 and 1986. (Note: Recently, the laboratory's name
was changed to Idaho National Engineering and Environmental Laboratory
or INEEL. For the purposes of this assessment, the term INEL will be
used rather than INEEL.)
Due to operational difficulties, the reactor was permanently shut
down in August 1989. PSCo decided to decontaminate and decommission the
reactor facility and terminate the 10 CFR Part 50 license. PSCo
successfully negotiated with DOE for INEL to receive the remaining FSV
fuel. However, after three shipments of the FSV spent fuel to INEL, the
Governor of the State of Idaho prohibited DOE from receiving any
subsequent shipments of the FSV fuel. As interim storage for the spent
nuclear fuel, PSCo selected a modular vault dry storage system (MVDSS)
designed by GEC Alsthom Engineering Systems, LTD., and licensed by
Foster Wheeler Energy Corporation, Energy Applications Division
(formerly Foster Wheeler Energy Applications, Inc.). On November 4,
1991, NRC issued to PSCo a 20-year license to receive, possess, store,
and transfer FSV spent nuclear fuel to the ISFSI. PSCo began loading
the ISFSI with fuel on December 26, 1991, and completed loading on June
10, 1992.
In December 1995, DOE notified the NRC of its intent to purchase
the FSV ISFSI from PSCo, take title to the spent fuel, and transfer
Materials License SNM-2504 from PSCo to DOE. On February 9, 1996, DOE
and PSCo signed an Agreement in Principle stating that DOE took
immediate title to the spent nuclear fuel stored in the FSV ISFSI and
that PSCo would manage the ISFSI in accordance with SNM-2504, at DOE
expense, until the license could be transferred from PSCo to DOE.
Therefore, DOE currently has title to the FSV spent fuel stored in
the ISFSI. DOE has agreed to purchase the ISFSI from PSCo and assume
responsibility for the operation (including in-situ receipt of the
spent nuclear fuel and high-level waste contents, storage, handling,
retrieval, and transfer, thereof), maintenance, and decommissioning of
the FSV ISFSI. Transferring Materials License SNM-2504 from PSCo to DOE
is needed so that the responsibility for the continued, safe operation
of the FSV ISFSI lies with DOE as owner of the fuel and ISFSI.
Environmental Impacts of the Proposed Action
The environmental impacts to the FSV site have been analyzed in
previous evaluations. In August 1972, the AEC issued the ``Final
Environmental Statement Related to the Operation of Fort St. Vrain
Nuclear Generating Station.'' In February 1991, the NRC issued the
Environmental Assessment Related to the Construction and Operation of
the Fort St. Vrain Independent Spent Fuel Storage Installation,'' which
specifically evaluated the environmental impacts related to the
construction and operation of the FSV ISFSI. This environmental
assessment concluded that the FSV ISFSI would not significantly affect
the quality of the human environment. Moreover, in November 1992, the
``Environmental Assessment Regarding Order Authorizing Decommissioning
of Fort St. Vrain Nuclear Generating Station,'' was issued which
covered decommissioning activities at the facility, and this assessment
was issued after the Materials License SNM-2504 was granted (November
4, 1991).
The proposed action is administrative and procedural in nature, and
as such, there are no associated environmental impacts beyond those
previously considered. To ensure that the environmental monitoring
program is acceptable, DOE-ID's proposed environmental monitoring
program and implementation of that program will be assessed and
documented in the NRC staff's safety evaluation report in accordance
with 10 CFR 72.44(d)(2). DOE will need to demonstrate that its program
is comparable to the PSCo program.
The proposed action will not increase the probability or
consequences of accidents, will not increase the possibility of a
different type of accident, and will not decrease the margin of safety.
There are no changes being made in the types of any effluents that may
be released offsite, and there is no significant increase in the
allowable or cumulative occupational radiation exposure. Accordingly,
the Commission concludes that there are no significant environmental
impacts associated with the proposed action.
Moreover, it does not affect non-radiological plant effluents and
has no other environmental impact. Accordingly, the Commission
concludes that there are no significant non-radiological environmental
impacts associated with the proposed action.
Alternatives to the Proposed Action
Since the Commission has concluded there is no measurable
environmental impact associated with the proposed action, any
alternatives with equal or greater environmental impact need not be
evaluated. As an alternative to the proposed action, the staff
considered denial of the proposed action. Denial of the application
would result in no change in current environmental impacts. The
environmental impacts of the proposed action and the alternative action
are similar.
With the alternative of no action or denial of the application,
PSCo would retain ownership of Materials License SNM-2504 and be
responsible for the continued operation and maintenance of the ISFSI
while DOE has title to the fuel. This alternative gives one
organization responsibility under the license for the radioactive
material owned by another organization. Therefore, the proposed action
is preferable because the organization that owns the spent nuclear fuel
would have responsibility under license for its possession.
Alternative Use of Resources
This action does not involve the use of any resources not
previously considered in the ``Final Environmental Impact Statement
Related to the Operation of Fort St. Vrain Nuclear Generating Station''
(August 1972), and the ``Environmental Assessment Related to the
Construction and Operation of the Fort St. Vrain Independent Spent Fuel
Storage Installation'' (February 1991).
[[Page 15739]]
List of Agencies and Persons Consulted
The Director of the Laboratory and Radiation Services Division of
the Colorado Department of Public Health and Environment was consulted
about the EA for the proposed action. This organization had no comments
on the proposed action.
During a public meeting held on February 20, 1997, the DOE and PSCo
staffs were consulted regarding the environmental monitoring program.
References used in preparation of the EA:
1. DOE-ID License Transfer Application, including the
Decommissioning Plan, Emergency Plan, Environmental Report, Quality
Assurance Requirements and Description, and Technical Specifications,
dated December 17, 1996, as supplemented February 4, 5, and 18, and
March 12 and 13, 1997.
2. NRC, ``Environmental Assessment Regarding Order Authorizing
Decommissioning of Fort St. Vrain Nuclear Generating Station,'' dated
November 1992.
3. NRC, ``Environmental Assessment Related to the Construction and
Operation of the Fort St. Vrain Independent Spent Fuel Storage
Installation,'' dated February 1991.
4. AEC, ``Final Environmental Statement Related to the Operation of
Fort St. Vrain Nuclear Generating Station,'' dated August 1972.
5. NRC, 10 CFR Part 20, ``Standards for Protection Against
Radiation.'
6. NRC, 10 CFR Part 51, ``Environmental Protection Regulations for
Domestic Licensing and Related Regulatory Functions.''
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. The
staff has determined that the proposed action of transferring Materials
License SNM-2504 from PSCo to DOE and the subsequent license amendment
will not significantly impact the quality of the environment.
Therefore, an environmental impact statement is not warranted, and
pursuant to 10 CFR 51.31, a Finding of No Significant Impact is
appropriate.
Based upon the EA, the Commission concludes that the proposed
action will not have a significant effect on the quality of the human
environment. Accordingly, the Commission has determined not to prepare
an EIS for the proposed action.
For further details with respect to this action, see the
application dated December 17, 1996, as supplemented February 4, 5, and
18, and March 12 and 13, 1997, which is available for public inspection
at the Commission's Public Document Room, 2120 L Street, NW,
Washington, DC 20555, and at the Local Public Document Room at the Weld
Library District, Lincoln Park Branch, 919 7th Street, Greeley,
Colorado 80631.
Dated at Rockville, Maryland, this 26th day of March 1997.
For the U.S. Nuclear Regulatory Commission.
William F. Kane,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 97-8402 Filed 4-1-97; 8:45 am]
BILLING CODE 7590-01-P