[Federal Register Volume 64, Number 60 (Tuesday, March 30, 1999)]
[Notices]
[Pages 15183-15184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7760]


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NUCLEAR REGULATORY COMMISSION

[Docket 72-17]


Portland General Electric Company; Issuance of Environmental 
Assessment and Finding of No Significant Impact Regarding the Proposed 
Exemption From Certain Requirements of 10 CFR Part 72

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an exemption, pursuant to 10 CFR 72.7, from the 
requirements of 10 CFR 72.82(e) to Portland General Electric Company 
(PGE). Exemption from 10 CFR 72.82(e) would release PGE from submitting 
the report of preoperational test acceptance criteria and test results 
concerning the operation of its independent spent fuel storage 
installation (ISFSI). The proposed ISFSI is to be located at the Trojan 
Nuclear Plant (Docket Nos. 72-17 and 50-344) in Columbia County, 
Oregon. The proposed ISFSI would store the spent nuclear fuel from the 
Trojan Nuclear Plant.

Environmental Assessment (EA)

Identification of Proposed Action

    By letter dated February 10, 1998, PGE requested an exemption from 
the requirement of 10 CFR 72.82(e) to submit a report of the 
preoperational test acceptance criteria and test results at least 30 
days prior to the receipt of spent fuel or high-level radioactive 
waste.
    The proposed action before the Commission is whether to grant this 
exemption under 10 CFR 72.7 to release PGE from submitting a report to 
NRC in accordance with 10 CFR 72.82(e).

Need for the Proposed Action

    The applicant is preparing to build and operate the Trojan ISFSI as 
described in its application and SAR, subject to approval of the 
pending licensing application. The exemption from 10 CFR 72.82(e) is 
necessary because PGE is preparing to transfer the spent nuclear fuel 
from its current location in the Trojan Nuclear Plant spent fuel pool 
to the Trojan ISFSI, immediately following the completion of the 
preoperational testing.

[[Page 15184]]

Environmental Impacts of the Proposed Action

    Section 72.82(e) currently requires that a Part 72 licensee submit 
to NRC a report of preoperational test acceptance criteria and test 
results at least 30 days before the receipt of spent fuel into an 
ISFSI. As part of the review of the applicant's SAR, the staff 
determined that the scope of the preoperational testing was adequately 
described. In addition, the staff will be on site during the 
preoperational testing to both observe and conduct inspections. This 
allows the staff to conduct a direct observation and independent 
evaluation as to whether the applicant has developed, implemented, and 
evaluated preoperational testing activities. Therefore, the reports 
required by 10 CFR 72.82(e) are not necessary to provide a hold period 
for NRC staff review. Further, on September 14, 1998, the Commission 
issued a proposed rule (63 FR 49046) to eliminate 10 CFR 72.82(e). 
Applicants for a license are currently required to submit information 
on a preoperational test program as part of an SAR. The Commission's 
current practice is to maintain an extensive oversight (i.e., 
inspection) presence during the preoperational testing phase of the 
ISFSI; reviewing the acceptance criteria, preoperational test, and test 
results as they occur. In the proposed rule, the Commission states that 
it believes neither the report nor the 30-day hold period are needed 
for regulatory purposes and taking this action will relieve licensees 
from an unnecessary regulatory burden. A final rule to remove this 
regulation has not yet been issued by the Commission.

Alternative to the Proposed Action

    Since there is no 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 10 CFR 72.82(e) exemption and require the report of 
preoperational test acceptance criteria and test results at least 30 
days before the receipt of spent fuel into the ISFSI. This alternative 
would have the same environmental impact.

Agencies and Persons Consulted

    On March 1, 1999, Adam Bless from the Oregon Office of Energy was 
contacted about this 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 72.82(e) 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 72-17. 
For further details with respect to this action, see the application 
for an ISFSI license dated March 26, 1996, and the request for 
exemption dated February 10, 1998, which are 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 
Portland State University, Branford Price Millar Library, 934 SW 
Harrison, Portland, Oregon 97207.

    Dated at Rockville, Maryland, this 24th day of March 1999.

    For the Nuclear Regulatory Commission.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 99-7760 Filed 3-29-99; 8:45 am]
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