[Federal Register Volume 64, Number 41 (Wednesday, March 3, 1999)]
[Notices]
[Pages 10330-10331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5200]


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NUCLEAR REGULATORY COMMISSION

[Docket 72-9]


Department of Energy Issuance of Environmental Assessment and 
Finding of No Significant Impact Regarding the Proposed Exemption From 
Requirements of 10 CFR Part 20

    By letter dated December 10, 1997, as supplemented by letter dated 
December 9, 1998, the Department of Energy (DOE or applicant) requested 
an exemption from the requirements of 10 CFR 20.1501(c) related to 
DOE's proposed operation of the Fort St. Vrain (FSV) Independent Spent 
Fuel Storage Installation (ISFSI). The facility is located in Weld 
County, Colorado.

Environmental Assessment (EA)

Identification of Proposed Action

    The applicant is seeking Nuclear Regulatory Commission (NRC or 
Commission) approval to take possession of NRC Materials License SNM-
2504 to operate the FSV ISFSI. The FSV ISFSI is an existing facility 
constructed and licensed to store spent nuclear fuel from the formerly 
licensed Fort St. Vrain High Temperature Gas Reactor. By letter dated 
December 17, 1996, DOE submitted an application to transfer SNM-2504 
from Public Service Company of Colorado (the current license holder) to 
DOE. The NRC staff is currently performing a review of that 
application. In a December 10, 1997, supplement to the application, DOE 
requested an exemption from the requirements of 10 CFR 20.1501(c). 
Section 20.1501(c) states, in part, that ``All personnel dosimeters * * 
* that require processing * * * must be processed and evaluated by a 
dosimetry processor * * * (1) Holding current personnel dosimetry 
accreditation from the National Voluntary Laboratory Accreditation 
Program (NVLAP) of the National Institute of Standards and Technology. 
* * *'' Specifically, the applicant has requested authorization to use 
the Department of Energy Laboratory Accreditation Program (DOELAP) as 
an alternative dosimetry processing accreditation standard.

Need for the Proposed Action

    The applicant is preparing to operate the FSV ISFSI as described in 
its application and accompanying safety analysis report (SAR), subject 
to transference of the existing NRC License SNM-2504 to DOE. The 
applicant is implementing programs and procedures necessary to operate 
the ISFSI and seeks to have those programs make efficient use of 
resources. One of the programs developed by DOE is the capability to 
monitor personnel occupational radioactive dose for routine and non-
routine activities at the FSV ISFSI. Personnel dosimetry requires 
processing by a qualified processing facility. DOE prefers to use a 
processing organization that currently processes dosimetry for its 
Idaho National Engineering and Environmental Laboratory (INEEL). That 
processor is accredited under the DOE Laboratory Accreditation Program, 
rather than under the NVLAP program. To support the efficient use of 
resources, DOE has requested to use a DOELAP accreditation process for 
processing personnel dosimetry associated with FSV.

Environmental Impacts of the Proposed Action

    The Nuclear Regulatory Commission staff has examined both the NVLAP 
and DOELAP accreditation processes and standards. Both the NVLAP and 
DOELAP programs have similar requirements in that they incorporate 
similar test categories (type of radiation and energy levels), 
tolerance levels, bias, and performance criteria. The staff concluded 
that the DOELAP process is

[[Page 10331]]

at least as stringent as the NVLAP process and further concludes that, 
for the FSV ISFSI, the DOELAP process is an acceptable alternative to 
the NVLAP process required by 10 CFR 20.1501(c).
    The Environmental Assessment (EA) for the proposed transfer of SNM-
2504 (62 FR 15737, April 2, 1997) considered the potential 
environmental impacts of transfer of the FSV ISFSI license from the 
existing licensee, Public Service Company of Colorado, to DOE. The 
proposed actions now under consideration would not change the potential 
environmental effects assessed in the April 2, 1997, EA. Specifically, 
there are no environmental impacts associated with the accreditation 
program for personnel dosimetry processing, which is purely an 
administrative function.

Alternatives to the Proposed Action

    Since there are no significant environmental impacts 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 use of the DOELAP accreditation program by DOE. These 
alternatives would have no significant environmental impacts as well.

Agencies and Persons Consulted

    Officials from the State of Colorado were contacted about the EA 
for the proposed action and had no concerns.

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 20.1501(c) so that DOE may use a 
DOELAP accreditation program, rather than an NVLAP program as required 
by existing regulations, 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 72-9. 
For further details with respect to this action, see the application 
for an ISFSI license dated December 17, 1996, the request for exemption 
dated December 10, 1997, and supplement dated December 9, 1998, which 
are available for public inspection at the Commission's Public Document 
Room, 2120 L Street, NW, Washington, DC 20555.

    Dated at Rockville, Maryland, this 19th day of February, 1999.

    For the Nuclear Regulatory Commission.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 99-5200 Filed 3-2-99; 8:45 am]
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