[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Notices]
[Pages 63077-63078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29969]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7002]


Portsmouth Gaseous Diffusion Plant United States Enrichment 
Corporation; Notice of Consideration of Request for Temporary Exemption

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of request for temporary exemption.

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SUMMARY: The Nuclear Regulatory Commission (Commission) is considering 
the issuance of a temporary exemption from the requirement to perform 
an emergency preparedness (EP) exercise every 2 years for the 
Portsmouth Gaseous Diffusion Plant operated by the United States 
Enrichment Corporation (USEC). The request for temporary exemption is 
necessary because USEC had to postpone the required scheduled EP 
exercise because of the terrorist attacks on the United States, lack of 
availability of Federal agencies, and the current heightened alert 
status of the plant. USEC expects to conduct the EP exercise by April 
30, 2002. The NRC has prepared an environmental assessment with a 
finding of no significant impact on the request.

FOR FURTHER INFORMATION CONTACT: Dan E. Martin, Project Manager, 
Special Projects Branch, Division of Fuel Cycle and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone: (301) 415-7254, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The Commission is considering the issuance 
of a temporary exemption from the requirement to perform an emergency 
preparedness exercise every 2 years, pursuant to 10 CFR part 76, for 
the Portsmouth Gaseous Diffusion Plant (PORTS), operated by USEC. The 
facility is authorized to use Special Nuclear Material (SNM) in the 
enrichment of natural uranium to prepare low-enriched uranium to be 
used by others in the fabrication of nuclear fuel pellets and fuel 
assemblies and operates near Piketon, Ohio.
    The PORTS facility was scheduled to conduct an EP exercise on 
September 12, 2001. This exercise was postponed because of the 
terrorist attacks on the United States that occurred on September 11, 
2001. Because of the ongoing high alert status of the plant, and the 
need to coordinate with several offsite agencies and groups, the PORTS 
EP exercise will not be performed this calendar year. USEC expects to 
conduct the exercise no later than April 30, 2002.
    The last EP exercise conducted at the PORTS facility was held on 
September 14, 1999. USEC's Emergency Plan, in accordance with 10 CFR 
76.91(l), requires that plant personnel plan and conduct biennial EP 
exercises. Because the next exercise will not be conducted during 
calendar year 2001, USEC has requested a temporary exemption from the 
requirement to conduct biennial EP exercises. The NRC staff has 
prepared an environmental assessment of the proposed action and reached 
a finding of no significant impact.

Environmental Assessment

Identification of the Proposed Action

    The proposed action would grant temporary schedular relief from the 
requirement pursuant to 10 CFR 76.91(l) to perform a biennial EP 
exercise during calendar year 2001. The proposed action would allow 
USEC to conduct the PORTS 2001 biennial exercise as late as April 30, 
2002. The proposed action is in accordance with USEC's request for 
exemption dated October 4, 2001.

Need for the Proposed Action

    The proposed action is necessary to support a request to USEC by 
the United States Department of Energy (DOE) that the EP exercise 
scheduled for September 12, 2001, be postponed until calendar year 
2002. Furthermore, because of the heightened state of security alert 
that the plant is under and the unavailability of some participants, 
USEC has determined that it would not be prudent to hold the 2001 
biennial EP exercise during calendar year 2001. Allowing the delay 
would avoid overlap with the current state of high alert and allow 
fuller participation by other agencies and groups.

Environmental Impacts of the Proposed Action

    The proposed action would not materially affect the emergency 
response capabilities of the PORTS facility. The last EP exercise was 
conducted on September 14, 1999, and there were no issues identified 
which required immediate corrective action. NRC reviews and inspections 
since the 1999 exercise have not identified a decline in the 
effectiveness of USEC's emergency response capability. The postponement 
should have no impact on the effectiveness of USEC's emergency response 
capability. The proposed action will not increase the probability or 
consequences of accidents, no changes are being made in the amounts or 
types of any effluents that could be released offsite, and there is no 
increase in individual or cumulative radiation exposure. Accordingly, 
the Commission concludes that there are no significant radiological 
impacts associated with the proposed action.
    With regard to potential nonradiological impacts, the proposed 
action does not affect nonradiological plant effluents and has no other

[[Page 63078]]

environmental impact. Accordingly, the Commission concludes that there 
are no significant nonradiological impacts associated with the proposed 
action.

Alternatives to the Proposed Action

    Since the Commission has concluded that there is no discernible 
environmental impact associated with the proposed action, any 
alternatives with equal or lesser impact need not be evaluated. As an 
alternative to the proposed action, the staff considered denial of the 
proposed action. Denial of the proposed action would result in no 
change in environmental impacts and would result in hardship to USEC, 
DOE, and perhaps other participants. The environmental impacts of the 
proposed action and the alternative action are similar.

Alternative Use of Resources

    The proposed action does not involve the use of any resources 
beyond those already necessary to conduct the EP exercise during 2001, 
and would merely delay the exercise.

Agencies and Persons Consulted

    In accordance with its stated policy, the NRC staff consulted with 
State of Ohio official, Carol O'Claire, Supervisor, Radiological 
Branch, Ohio Emergency Management Agency, and U.S. Department of Energy 
official Randall M. DeVault, Group Leader, Transition and Technology 
Group, Office of Nuclear Fuel Security and Uranium Technology, 
regarding the environmental impact of the proposed action. No 
objections were received.
    Consultations with the U.S. Fish and Wildlife Service and the State 
Historic Preservation Officer were not performed because of the lack of 
any conceivable impact to fish and wildlife or historic assets.

Finding of No Significant Impact

    Based on the environmental assessment, the Commission concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the Commission has 
determined not to prepare an environmental impact statement for the 
proposed action.

List of Preparers

    This document was prepared by Dan E. Martin, Project Manager, 
Special Projects Branch, Division of Fuel Cycle Safety and Safeguards, 
Office of Nuclear Material Safety and Safeguards. Mr. Martin is the 
Project Manager for the Portsmouth Gaseous Diffusion Plant.
    For further details with respect to the proposed action, see the 
USEC letter request dated October 4, 2001, available for public 
inspection at the Commission's Public Document Room at One White Flint 
North, 11555 Rockville Pike, Rockville, MD, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web Site 
(
http://www.nrc.gov).

    Dated at Rockville, Maryland, this 26th day of November, 2001.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Chief, Special Projects Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 01-29969 Filed 12-3-01; 8:45 am]
BILLING CODE 7590-01-P