[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Notices]
[Pages 26654-26655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12674]


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NUCLEAR REGULATORY COMMISSION

[Docket 72-1027]


Transnuclear, Inc.; Issuance of Environmental Assessment and 
Finding of No Significant Impact

    By letter dated January 23, 1998, Transnuclear, Inc. (TN or 
applicant) requested an exemption, pursuant to 10 CFR 72.7, from the 
requirements of 10 CFR 72.234(c). TN, located in Hawthorne, New York, 
is seeking Nuclear Regulatory Commission (NRC or the Commission) 
approval to fabricate nine TN-68 dry spent fuel storage casks prior to 
receipt of a Certificate of Compliance (COC). The TN-68 cask is similar 
in design to the TN-32 and TN-40 dry spent fuel storage casks which 
have been approved for use at Independent Spent Fuel Storage 
Installations with site-specific licenses. The TN-68 casks are intended 
to be used by PECO Energy Company (PECO) at the Peach Bottom Atomic 
Power Station (PBAPS) located in Delta, Pennsylvania, under the general 
license provisions of subpart K of 10 CFR Part 72.

Environmental Assessment (EA)

    Identification of Proposed Action: The applicant is seeking 
Commission approval to fabricate nine TN-68 casks prior to the 
Commission's issuance of a COC. The applicant requests an exemption 
from the requirements of 10 CFR 72.234(c), which states that 
``fabrication of casks under the Certificate of Compliance must not 
start prior to receipt of the Certificate of Compliance for the cask 
model.'' The proposed action before the Commission is whether to grant 
this exemption under 10 CFR 72.7.
    Need for the Proposed Action: TN requests the exemption to ensure 
the availability of storage casks by July 2000, so that PECO can 
maintain full core off-load capability at PBAPS. TN states that to meet 
this schedule, purchase of cask components must

[[Page 26655]]

begin promptly and fabrication must begin in the summer of 1998. The 
TN-68 COC application, dated January 23, 1998, is under consideration 
by the Commission. It is anticipated, if approved, the TN-68 COC may be 
issued in 2000.
    The proposed fabrication exemption will not authorize use of the 
casks to store spent fuel. That will occur only when, and if, a COC is 
issued. NRC approval of the fabrication exemption request may not be 
construed as an NRC commitment to favorably consider TN's application 
for a COC. TN will bear the risk of all activities conducted under the 
exemption, including the risk that the nine casks TN plans to construct 
may not be usable because they may not meet specifications or 
conditions placed in a COC that NRC may ultimately approve.
    Environmental Impacts of the Proposed Action: The Environmental 
Assessment for the final rule, ``Storage of Spent Nuclear Fuel in NRC-
Approved Storage Casks at Nuclear Power Reactor Sites' (55 FR 29181 
(1990) ), considered the potential environmental impacts of casks which 
are used to store spent fuel under a COC and concluded that there would 
be no significant environmental impacts. The proposed action now under 
consideration would not permit use of the casks, but only fabrication. 
There are no radiological environmental impacts from fabrication since 
cask fabrication does not involve radiological or radioactive 
materials. The major non-radiological environmental impacts involve use 
of natural resources due to cask fabrication. Each TN-68 storage cask 
weighs approximately 100 tons and is fabricated mainly from steel and 
plastic. The estimated 900 tons of steel required for nine casks is 
expected to have very little impact on the steel industry. 
Additionally, the estimated 9 tons of plastic required for nine casks 
is insignificant compared to the millions of tons of plastic produced 
annually. Cask fabrication would be at a metal fabrication facility, 
not at the reactor site. Fabrication of nine casks is insignificant 
compared to the amount of metal fabrication performed annually in the 
United States. If the casks are not usable, the casks could be disposed 
of or recycled. The amount of material disposed of is insignificant 
compared to the amount of steel and plastic that is disposed of 
annually in the United States. Based upon this information, the 
fabrication of nine casks will have no significant impact on the 
environment since no radioactive materials are involved, and the amount 
of natural resources used is minimal.
    Alternative to the Proposed Action: Since there is no significant 
environmental impact associated with the proposed action, any 
alternatives with equal or greater environmental impact are not 
evaluated. The alternative to the proposed action would be to deny 
approval of the exemption and, therefore, not allow cask fabrication 
until a COC is issued. However, if a COC is issued and fabrication of 
the casks occurs, the environmental impacts of the proposed action and 
the alternative action would be the same.
    Given that there are no significant differences in environmental 
impacts between the proposed action and the alternative considered and 
that the applicant has a legitimate need to fabricate the casks prior 
to certification and is willing to assume the risk that the fabricated 
casks may not be certified or may require modification, the Commission 
concludes that the preferred alternative is to grant the exemption.
    Agencies and Persons Consulted: The Pennsylvania Department of 
Environmental Protection was consulted about the EA for the proposed 
action and had no comments.
    References used in preparation of the EA:
    1. NRC, Environmental Assessment Regarding Final Rule, ``Storage of 
Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites,'' 55 
FR 29181.
    2. 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. Based 
upon the foregoing EA, the Commission finds that the proposed action of 
granting an exemption from 10 CFR 72.234(c) so that TN may fabricate 
nine TN-68 casks prior to issuance of a COC will not significantly 
impact the quality of the human environment. Accordingly, the 
Commission has determined not to prepare an environmental impact 
statement for the proposed exemption.
    This application was docketed under 10 CFR part 72, Docket 72-1027. 
For further details with respect to this action, see the application 
dated January 23, 1998, which is available for public inspection at the 
Commission's Public Document Room, 2120 L Street, NW, Washington, DC 
20555, and the Local Public Document Room at the State Library of 
Pennsylvania, Walnut Street and Commonwealth Avenue, Harrisburg, PA 
17105.

    Dated at Rockville, Maryland, this 5th day of May 1998.

    For the Nuclear Regulatory Commission,
Susan F. Shankman,
Acting Deputy Director, Spent Fuel Project Office, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 98-12674 Filed 5-12-98; 8:45 am]
BILLING CODE 7590-01-P