[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Notices]
[Page 1969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-936]


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DEPARTMENT OF ENERGY


National Nuclear Security Administration; National Ignition 
Facility

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Notice.

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SUMMARY: On March 13, 1998, the Office of Defense Programs within the 
Department of Energy (``DOE'' or ``the Department''), issued a 
Supplement Analysis (SA) for the National Ignition Facility (NIF) to 
assist the Department in determining whether or not to prepare a 
Supplemental Programmatic Environmental Impact Statement for the 
Stockpile Stewardship and Management Program (SSM PEIS). The 
preparation of an SA for this purpose is provided for in DOE's 
regulations implementing the National Environmental Policy Act (NEPA), 
10 CFR 1021.314. The SA was prepared to address certain allegations 
made by the plaintiffs in NRDC v. Pena, Civ. No. 97-936 (SS) (D.D.C.), 
a lawsuit challenging the adequacy of the SSM PEIS. The SA specifically 
addressed the issue of using hazardous materials in NIF experiments. In 
the SA the Department concluded: (1) That the only proposed use of 
fissile or fissionable materials in the NIF experiments is subgram 
quantities of uranium-238 in non-fusion yield experiments, and (2) that 
the impacts from using uranium-238 for this purpose are bounded by the 
analysis in the SSM PEIS. DOE therefore concluded that a supplement to 
the existing SSM PEIS was not required. However, DOE was aware that 
circumstances could change, and committed in the SA to prepare further 
NEPA analysis if the Department decides to propose experiments outside 
the bounds of the SSM PEIS. The SA indicated that this review would be 
conducted within 5 years after the SSM PEIS Record of Decision, and 
would be conducted in the form of an SA. The Record of Decision was 
issued on December 19, 1996.
    DOE has reviewed the current status of planned activities for the 
NIF and has determined that the circumstances with regard for the 
proposed use of hazardous materials in NIF experiments remain unchanged 
from those at the time of the preparation of the 1998 SA. Therefore, 
the Department has concluded that there are no substantial changes or 
significant new circumstances or information that would justify 
preparing a new SA at this time. However, DOE is continuing to examine 
the question of use of certain materials in NIF experiments, consistent 
with the requirements of the court decision resolving NRDC v. Pena. 
Pursuant to Paragraph 6 of the District Court's Memorandum Opinion and 
Order, dated August 19, 1998, in NRDC v. Pena, DOE, no later than 
January 1, 2004, will (1) determine that experiments using materials 
listed in the Order will not be conducted in the NIF, or (2) prepare a 
Supplemental SSM PEIS analyzing the reasonably foreseeable 
environmental impacts of such experiments. DOE has in place a process 
to make that determination. However, at the present time there are no 
DOE proposals to use any of these materials in experiments in the NIF.

FOR FURTHER INFORMATION CONTACT: Jay Rose, Office of Defense Programs, 
National Nuclear Security Administration, (202) 586-5484.

    Issued in Washington, DC, on January 8, 2002.
John Gordon,
Administrator.
[FR Doc. 02-936 Filed 1-14-02; 8:45 am]
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