[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67941-67942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32637]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket 70-7002]


Notice of Amendment to Certificate of Compliance GDP-1 for the 
U.S. Enrichment Corporation (Portsmouth Gaseous Diffusion Plant) 
Piketon, Ohio

    The Director, Office of Nuclear Material Safety and Safeguards, has 
made a determination that the following amendment request is not 
significant in accordance with 10 CFR 76.45. In making that 
determination, the staff concluded that: (1) There is no change in the 
types or significant increase in the amounts of any effluents that may 
be released offsite; (2) there is no significant increase in individual 
or cumulative occupational radiation exposure; (3) there is no 
significant construction impact; (4) there is no significant increase 
in the potential for, or radiological or chemical consequences from, 
previously analyzed accidents; (5) the proposed changes do not result 
in the possibility of a new or different kind of accident; (6) there is 
no significant reduction in any margin of safety; and (7) the proposed 
changes will not result in an overall decrease in the effectiveness of 
the plant's safety, safeguards or security programs. The basis for this 
determination for the amendment request is shown below.
    The NRC staff has reviewed the certificate amendment application 
and concluded that it provides reasonable assurance of adequate safety, 
safeguards, and security, and compliance with NRC requirements. 
Therefore, the Director, Office of Nuclear Material Safety and 
Safeguards, is prepared to issue an amendment to the Certificate of 
Compliance for the Portsmouth Gaseous Diffusion Plant (PORTS). The 
staff has prepared a Compliance Evaluation Report which provides 
details of the staff's evaluation.
    The NRC staff has determined that this amendment satisfies the 
criteria for a categorical exclusion in accordance with 10 CFR 
51.22(c)(19). Therefore, pursuant to 10 CFR 51.22(b), no environmental 
impact statement or environmental assessment need be prepared for this 
amendment.
    USEC or any person whose interest may be affected may file a 
petition, not exceeding 30 pages, requesting review of the Director's 
Decision. The petition must be filed with the Commission not later than 
15 days after publication of this Federal Register Notice. A petition 
for review of the Director's Decision shall set forth with 
particularity the interest of the petitioner and how that interest may 
be affected by the results of the decision. The petition should 
specifically explain the reasons why review of the Decision should be 
permitted with particular reference to the following factors: (1) The 
interest of the petitioner; (2) how that interest may be affected by 
the Decision, including the reasons why the petitioner should be 
permitted a review of the Decision; and (3) the petitioner's areas of 
concern about the activity that is the subject matter of the Decision. 
Any person described in this paragraph (USEC or any person who filed a 
petition) may file a response to any petition for review, not to exceed 
30 pages, within 10 days after filing of the petition. If no petition 
is received within the designated 15-day period, the Director will 
issue the final amendment to the Certificate of Compliance without 
further delay. If a petition for review is received, the decision on 
the amendment application will become final in 60 days, unless the 
Commission grants the petition for review or otherwise acts within 60 
days after publication of this Federal Register Notice.
    A petition for review must be filed with the Secretary of the 
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemakings and Adjudications Staff, or may be 
delivered to the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW, Washington, DC, by the above date.
    For further details with respect to the action see (1) the 
application for amendment and (2) the Commission's Compliance 
Evaluation Report. These items are available for public inspection at 
the Commission's Public Document Room, the Gelman Building, 2120 L 
Street, NW, Washington, DC, and at the Local Public Document Room.
    Date of amendment request: October 14, 1998.
    Brief description of amendment: The amendment involves extension of 
the PORTS Compliance Plan completion date related to the removal of 
residual quantities of highly enriched uranium (HEU) (uranium enriched 
to 10 percent by weight U-235 or more) from cylinders and the cleaning 
of the emptied HEU cylinders from December 31, 1998, to March 31, 2000. 
The amendment also involves extension of the PORTS Compliance Plan 
completion date, for transition of regulatory oversight responsibility 
from the Department of Energy (DOE) to the NRC, for the section of the 
X-705 decontamination building where HEU cylinder cleaning operations 
are ongoing, from January 31, 1999, to April 30, 2000. All Compliance 
Plan completion date changes require prior DOE approval. As such, USEC 
requested DOE approval for the above-mentioned date changes on 
September 25, 1998. On October 13, 1998, DOE approved the revision.
    Basis for finding of no significance: 1. The proposed amendment 
will not result in a change in the types or significant increase in the 
amounts of any effluents that may be released offsite.
    The proposed amendment, which involves extensions of the PORTS 
Compliance Plan completion dates, does not involve any need for 
cleaning of additional HEU cylinders and therefore would not increase 
the amounts of any effluents that may be released offsite or result in 
any impact to the environment.
    2. The proposed amendment will not result in a significant increase 
in individual or cumulative occupational radiation exposure.
    The proposed amendment does not involve any need for cleaning of 
additional HEU cylinders. Therefore, it will not significantly increase 
individual or cumulative occupational radiation exposure.

[[Page 67942]]

    3. The proposed amendment will not result in a significant 
construction impact.
    The proposed change will not result in any construction, nor will 
this change effect any planned or existing construction project, 
therefore, there will be no construction impact.
    4. The proposed amendment will not result in a significant increase 
in the potential for, or radiological or chemical consequences from, 
previously analyzed accidents.
    The proposed amendment does not involve any need for cleaning of 
additional HEU cylinders and will not result in a significant increase 
in the potential for, or radiological or chemical consequences from, 
previously analyzed accidents.
    5. The proposed amendment will not result in the possibility of a 
new or different kind of accident.
    The proposed amendment only involves extensions of the PORTS 
Compliance Plan completion dates. Therefore, this change will not 
result in the possibility of a new or different kind of accident.
    6. The proposed amendment will not result in a significant 
reduction in any margin of safety.
    The proposed amendment only involves extensions of the PORTS 
Compliance Plan completion dates. Therefore, the proposed change does 
not represent a reduction in any margin of safety.
    7. The proposed amendment will not result in an overall decrease in 
the effectiveness of the plant's safety, safeguards or security 
programs.
    Currently, at PORTS, the X-705 West Annex is the only area leased 
by USEC from DOE which has not been certified by the NRC. Based on the 
agreement signed between DOE and USEC on October 11, 1995, the 
Regulatory Oversight Agreement between DOE and USEC is required to 
apply to all areas leased by USEC from DOE but not certified by the 
NRC. As such, operations in the X-705 West Annex will continue to be 
conducted under regulation of the ROA until the HEU cylinder cleaning 
operations have been completed and the X-705 West Annex is certified by 
the NRC. While the ROA is in effect, DOE staff has informed the NRC 
staff, that they will maintain regulatory staff in Oak Ridge, 
Tennessee, and a resident inspector at PORTS, to ensure that HEU 
cylinder cleaning is conducted in a safe and secure manner. In 
addition, the NRC staff has also reviewed the controls in place in the 
X-705 West Annex, which are relied upon by USEC to prevent it from 
exceeding the NRC-possession limits by accidentally transferring 
significant quantities of HEU from the X-705 West Annex to NRC-
certified areas. The NRC staff has determined these controls, as well 
as DOE's regulatory oversight of the X-705 West Annex operations, to be 
sufficient for preventing USEC from exceeding its possession limits in 
NRC-certified areas at PORTS. Therefore, the Compliance Plan date 
extensions will not result in undue risk to the public health and 
safety, common defense and security, or the environment.
    Effective date: The amendment to GDP-2 will become effective upon 
issuance by NRC.
    Certificate of Compliance No. GDP-2: This amendment will revise 
Issue A.4 of the PORTS Compliance Plan.
    Local Public Document Room location: Portsmouth Public Library, 
1220 Gallia Street, Portsmouth, Ohio 45662

    Dated at Rockville, Maryland, this 2d day of December, 1998.

    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 98-32637 Filed 12-8-98; 8:45 am]
BILLING CODE 7590-01-P