[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Notices]
[Pages 44767-44768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18229]


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DEPARTMENT OF ENERGY


Revision to the Record of Decision on the Proposed Nuclear 
Weapons Nonproliferation Policy Concerning Foreign Research Reactor 
Spent Nuclear Fuel

AGENCY: Department of Energy.

ACTION: Revision to Record of Decision.

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SUMMARY: The Department of Energy (DOE), pursuant to 10 CFR 1021.315, 
is revising the Record of Decision issued on May 13, 1996 (61 FR 25092) 
to allow the shipment of up to sixteen casks of spent nuclear fuel on a 
single ocean-going vessel transporting foreign research reactor spent 
nuclear fuel to the United States. That Record of Decision was issued 
after completion of the Environmental Impact Statement on the Proposed 
Nuclear Weapons Nonproliferation Policy Concerning Foreign Research 
Reactor Spent Nuclear Fuel, DOE-218F, February 1996 (The Final EIS).

FOR FURTHER INFORMATION CONTACT: For further information on the DOE 
program for the management of foreign research reactor spent nuclear 
fuel or the Record of Decision, contact: Mr. David G. Huizenga, Deputy 
Assistant Secretary for Integration and Disposition, Office of 
Environmental Management (EM-20), U.S. Department of Energy, 1000 
Independence Avenue, SW, Washington, DC 20585, (202) 586-5151. For 
information on DOE's National Environmental Policy Act (NEPA) process, 
contact: Ms. Carol Borgstrom, Director, Office of NEPA Policy and 
Assistance (EH-42), U.S. Department of Energy, 1000 Independence 
Avenue, SW, Washington, DC 20585, telephone (202) 586-4600, or leave a 
message at 1-800-472-2756.

SUPPLEMENTARY INFORMATION:

I. Background

    DOE, in consultation with the Department of State, issued the Final 
EIS in February 1996. The Final EIS considered the potential 
environmental impacts of a proposed policy to manage spent nuclear fuel 
and target material from foreign research reactors. The Record of 
Decision was issued on May 13, 1996, and was published in the Federal 
Register on May 17, 1996 (61 FR 25092). In the Record of Decision, DOE 
announced the decision to implement the proposed policy as identified 
in the Preferred Alternative contained in the Final EIS, subject to 
additional stipulations specified in Section VII of the Record of 
Decision. Three revisions to the Record of Decision have been issued, 
one regarding taking title of the spent fuel at locations other than 
the U.S. port of entry for countries with other-than-high-income 
economies, and the other two regarding the fee policy for acceptance of 
foreign research reactor spent nuclear fuel (61 FR 38720, July 25, 
1996; 61 FR 26507, May 28, 1996; and 64 FR 18006, April 13, 1999, 
respectively).

II. Reason for This Revision

    The May 1996 Record of Decision limits the number of casks 
containing spent nuclear fuel on a single ocean-going vessel to eight. 
Based upon the experience gained during the implementation of the 
Foreign Research Reactor Spent Nuclear Fuel Acceptance Program, DOE has 
come to recognize that a need may arise during implementation of the 
policy for the United States to ship up to sixteen casks of spent 
nuclear fuel on a single ocean-going vessel.
    DOE committed in the Record of Decision, and in subsequent 
discussions with representatives of the state and local jurisdictions 
through which spent nuclear fuel foreign research reactors is 
transported, to minimize the number of spent fuel shipments made over 
the 13-year period of the acceptance program. At the time those 
commitments were made, the worldwide supply of spent fuel casks 
available for use in transporting foreign research reactor spent 
nuclear fuel was very limited, and thus DOE forecasted that no more 
than eight casks could be made available to support any one shipment. 
Subsequent to the issuance of the Record of Decision, however, the 
worldwide supply of spent fuel casks has increased to the point where 
it is possible to transport more than eight casks on a single ocean-
going vessel. As a planning basis, DOE believes that it would now be 
possible to transport up to 16 casks on a single ocean-going vessel.
    DOE has reviewed the potential environmental impacts of 
transporting up to 16 casks on a single ocean-going vessel and compared 
the potential impacts with the analysis in the Final EIS, as part of a 
Supplement Analysis that DOE prepared in accordance with 10 CFR 
1021.314 (Supplement Analysis of Acceptance of Foreign Research Reactor 
Spent Nuclear Fuel Under Scenarios Not Specifically Mentioned in the 
EIS, DOE/EIS-0218-SA-2, issued August 1998). Based on that Supplement 
Analysis, DOE determined that the potential environmental impacts of 
transporting up to 16 casks would be less than the impact estimated in 
the Final EIS, and that a supplement to the Final EIS is not required.
    For example, the Supplement Analysis concludes that increasing the 
number of casks per vessel from eight to sixteen would not effect the 
radiological risk from accidents. The Supplement Analysis also 
concludes that the potential incident-free radiological risk would be 
expected to remain essentially the same for the program, but increase 
slightly on a per voyage basis. However, as the Supplement Analysis 
explains, experience has shown that the Final EIS estimates of doses 
during daily spent fuel inspections aboard ship were very conservative 
(i.e. tending to overstate risk). To date, all exposures of ship 
personnel have been well below the regulatory limit and well within the 
conservative estimates made in the Final EIS. Nevertheless, DOE will 
continue to implement the mitigative measures outlined in the 
Mitigation Action Plan that will prevent ships'

[[Page 44768]]

crews from receiving doses greater than those allowed by regulatory 
limits.
    The use of up to sixteen casks per shipment would not change the 
total number of spent fuel casks or elements that will be accepted by 
DOE over the term of the acceptance program. Because the total number 
of spent fuel casks to be accepted remains the same, and the incident 
free and accident risks of transporting up to sixteen casks would not 
be materially different from the risks of transporting eight casks, DOE 
has concluded that the impacts from shipping up to sixteen casks on a 
single vessel, and subsequent train or truck shipments, would be within 
the bounds of potential environmental impacts discussed in the Final 
EIS. Further, adding up to eight more casks per shipment whenever 
possible would better promote the commitment set forth in the Record of 
Decision to reduce the number of spent fuel shipments.
    For the reasons set forth above, Section VII (``Decision''), 
Paragraph A, of the Record of Decision issued on May 13, 1996, is 
revised to read as follows:

    A. DOE will reduce the number of shipments necessary by 
coordinating shipments from several reactors at a time (i.e., by 
placing multiple casks [up to sixteen] on a ship). DOE currently 
estimates that a maximum of approximately 150 to 300 shipments 
through the Charleston Naval Weapons Station and five shipments 
through the Concord Naval Weapons Station will be necessary during 
the 13 year spent fuel acceptance period.

    In addition, Section VIII (``Use of All Practicable Means to Avoid 
or Minimize Harm''), Paragraph C of the Record of Decision is revised 
to read as follows:

    C. DOE will reduce the risk associated with shipment of the 
spent fuel by shipping multiple casks per shipment, up to a maximum 
of sixteen, whenever possible, thus reducing the total number of 
shipments.

    Issued in Washington, D.C., this 10th day of July, 2000.
Carolyn L. Huntoon,
Assistant Secretary for Environmental Management.
[FR Doc. 00-18229 Filed 7-18-00; 8:45 am]
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