[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Notices]
[Pages 48953-48956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18967]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-25]


Foster Wheeler Environmental Corporation's Proposed Idaho Spent 
Fuel Facility; Notice of Intent To Prepare an Environmental Impact 
Statement and Conduct Scoping Process

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Intent (NOI).

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SUMMARY: Foster Wheeler Environmental Corporation (FWENC) submitted a 
license application on November 19, 2001 (67 FR 43358, June 27, 2002) 
for the receipt, possession, storage and transfer of spent nuclear fuel 
(SNF) and other radioactive materials associated with SNF at its 
proposed Idaho Spent Fuel Facility, an independent spent fuel storage 
installation (ISFSI), to be located on the Idaho National Engineering 
and Environmental Laboratory (INEEL) site in Butte County, Idaho. The 
license application will be considered under the provisions of NRC 
regulations at 10 CFR part 72. If granted, the license will authorize 
the applicant to store SNF in a dry storage system at the applicant's 
Idaho Spent Fuel Facility site.
    Additionally, in accordance with Nuclear Regulatory Commission 
(NRC) regulations at 10 CFR part 51 and the National Environmental 
Policy Act (NEPA), an environmental impact statement (EIS) is being 
prepared to

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examine the potential environmental impacts of the proposed licensing 
action (i.e. to construct and operate an ISFSI, including transfer of 
certain SNF from wet storage to dry interim storage pending its final 
transfer to a geologic repository).
    At this time, the NRC is soliciting public comments on the scope of 
this EIS. Scoping is an early and open process designed to determine 
the range of actions, alternatives, and potential impacts to be 
considered in the EIS, and to identify the significant issues related 
to the proposed action. It is intended to solicit input from the public 
and other agencies so that the analysis can be more clearly focused on 
issues of genuine concern. Please see supplementary information for 
more details.

DATES: The public scoping process required by NEPA begins with 
publication of this NOI in the Federal Register and continues until 
September 16, 2002. Written comments submitted by mail should be 
postmarked by that date to ensure consideration. Comments mailed after 
that date will be considered to the extent practical. Comments will 
also be accepted by electronic or facsimile submission.

ADDRESSES: Members of the public are invited and encouraged to submit 
comments to the Chief, Rules and Directives Branch, Mail Stop T6-D59, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Please 
note Docket No. 72-25 when submitting comments. Due to the current mail 
situation in the Washington, DC area, commentors are encouraged to send 
comments electronically to [email protected] or by facsimile to (301) 
415-5398, ATTN: Matt Blevins.

FOR FURTHER INFORMATION CONTACT: For environmental review questions, 
please contact Matt Blevins at (301) 415-7684, e-mail: [email protected]. 
For questions related to the safety review or licensing of the Idaho 
Spent Fuel Facility, please contact Randall Hall at (301) 415-1336.
    Availability of Documents for Review: Information and documents 
associated with the Idaho Spent Fuel Facility project, including the 
Environmental Report submitted on November 19, 2001, and the License 
Application, may be obtained from the Internet on NRC's Idaho Spent 
Fuel Facility Web page: http://www.nrc.gov/waste/spent-fuel-storage.html (case sensitive). In addition, documents are available for 
public review through our electronic reading room: http://www.nrc.gov/reading-rm.html. Documents may also be obtained from NRC's Public 
Document Room located at U.S. Nuclear Regulatory Commission 
Headquarters, 11555 Rockville Pike (first floor), Rockville, Maryland.

SUPPLEMENTARY INFORMATION:

1.0  Background

    During the last 40 years, the U.S. Department of Energy (DOE) and 
its predecessor agencies have generated, transported, received, stored, 
and reprocessed SNF at DOE facilities nationwide. Part of this SNF 
originated from non-DOE domestic, licensed facilities, including 
training, research, and test reactors at universities, commercial 
reactors, and government-owned installations for which DOE has 
contractual obligations to accept SNF. Most of this SNF is in wet 
storage at a site that overlies the Snake River Plain Aquifer, a major 
water source for the region. Among the SNF stored by DOE at the INEEL 
is SNF resulting from operation of the Peach Bottom Unit 1 nuclear 
power reactor, which was licensed by the Atomic Energy Commission and 
operated between 1966 and 1974. A Settlement Agreement dated October 
17, 1995, between the DOE, the U.S. Navy, and the State of Idaho 
requires the transfer and dry storage of this SNF until it can be 
removed from Idaho. As part of its compliance with the Settlement 
Agreement, the DOE contracted with FWENC to design, license, construct, 
and operate the Idaho Spent Fuel Facility ISFSI at the INEEL to provide 
interim dry storage for a portion of the SNF covered by the Settlement 
Agreement.
    DOE has previously issued a Record of Decision (60 FR 28680) 
pertaining to its SNF management program. DOE's decisions were based in 
part on the information and analyses contained in the final 
Environmental Impact Statement, ``Programmatic Spent Nuclear Fuel 
Management and Idaho National Engineering Laboratory Environmental 
Restoration and Waste Management Programs Environmental Impact 
Statement, DOE/EIS-0203-F.'' Volume 2 of the DOE EIS evaluates the 
potential impacts of the SNF management program at the INEEL (Appendix 
C of the DOE EIS contains additional information on foreseeable 
projects, including the Idaho Spent Fuel Facility ISFSI).
    Previous to this application, NRC issued a license to DOE in 1998 
for the construction and operation of another ISFSI at the INEEL for 
the storage of SNF from the Three Mile Island--Unit 2 reactor (TMI-2). 
This license was supported, in part, by the document, ``Final 
Environmental Impact Statement for the Construction and Operation of an 
Independent Spent Fuel Storage Installation to Store the Three Mile 
Island Unit 2 Spent Fuel at the Idaho National Engineering and 
Environmental Laboratory.'' The TMI-2 ISFSI is located adjacent to the 
proposed site of the Idaho Spent Fuel Facility.
    Therefore, it is conceivable that many of the environmental impacts 
have been previously reviewed. The NRC and its contractor, Argonne 
National Laboratory, are currently reviewing appropriate documents to 
ensure efficiency and to make decisions regarding their use (i.e. 
supplementing, tiering, or adoption) in preparation of the Idaho Spent 
Fuel Facility EIS.

2.0  Idaho Spent Fuel Facility at INEEL

    The Idaho Spent Fuel Facility is designed to provide safe interim 
dry storage for three basic kinds of SNF currently stored at the INEEL. 
The facility will primarily be used for storage of SNF from the Peach 
Bottom Unit 1 reactor but it will also be used for storage of SNF from 
the Shippingport reactor and SNF from the Training, Research, Isotope 
reactors built by General Atomics (TRIGA reactors). The Peach Bottom 
Unit 1 and Shippingport reactors ceased operation in 1974 and 1983, 
respectively. Because of the lengthy cooling period since final 
operation, these fuels produce relatively low decay heat compared to 
typical commercial SNF. The TRIGA reactor SNF originated from TRIGA 
research reactors worldwide. Although the age of the TRIGA reactor SNF 
varies, it also generates very low decay heat because of the design and 
operational characteristics of the TRIGA research reactors.
    The Idaho Spent Fuel Facility will provide for receipt and 
repackaging of the SNF into sealed storage canisters. The canisters 
provide the primary confinement boundary for the SNF. These canisters 
are designed to ensure ready retrievability of the SNF and facilitate 
transfer of the SNF to a repository for eventual permanent disposal 
without the need for further direct handling or repackaging. The loaded 
and sealed canisters will be stored in individual storage tubes that 
have a bolted lid with double metallic O-ring seals. The storage tubes 
provide a redundant confinement boundary for the SNF. The storage area 
provides radiological shielding, passive natural convection air-
cooling, and easily retrievable storage capability for the canisters. 
When a high-level waste geologic repository becomes available, the 
canisters may then be removed from the Idaho Spent Fuel Facility, 
loaded

[[Page 48955]]

into a transportation cask (to be certified in accordance with 10 CFR 
part 71), and transported off-site.

3.0  Purpose and Need for Agency Action

    The proposed action to build the Idaho Spent Fuel Facility is 
intended to satisfy the requirements of a Settlement Agreement dated 
October 17, 1995, between the DOE, the U.S. Navy, and the State of 
Idaho that requires the transfer and dry storage of SNF until the SNF 
can be removed from Idaho.

4.0  Alternatives To Be Evaluated

    Note that NRC is limited to issuing, issuing with conditions, or 
denying the materials license for the Idaho Spent Fuel Facility ISFSI 
at the INEEL. The DOE has already decided to pursue the 
``regionalization by fuel type'' and the ``modified 10-year plan'' 
(which includes dry storage upgrades) approaches for management of SNF 
(60 FR 28680; June, 1, 1995). These decisions will not be revisited by 
NRC. Other alternatives not listed here may be identified through the 
scoping process.

4.1  Proposed Action

    The proposed action involves the construction and operation of the 
Idaho Spent Fuel Facility ISFSI at the INEEL. The applicant would be 
issued an NRC license under the provisions of 10 CFR Part 72 that would 
authorize the applicant to transfer, repackage, and place into dry 
storage, certain types of spent nuclear fuel.

4.2  No Action: Do Not Issue License

    The no-action alternative would be not to build the proposed Idaho 
Spent Fuel Facility. Under the no-action alternative, NRC would not 
approve the license application to construct and operate the proposed 
Idaho Spent Fuel Facility ISFSI and DOE would continue to store the SNF 
in it's current location on the INEEL in spent fuel pools.

5.0  Environmental Impact Areas To Be Analyzed

    The following areas have been tentatively identified for analysis 
in the EIS. This list is not intended to be all inclusive, nor is it a 
predetermination of potential environmental impacts. The list is 
presented to facilitate comments on the scope of the EIS. Additions to 
or deletions from this list may occur as a result of the public scoping 
process.

--Health and Safety: potential public and occupational consequences 
from construction, routine operation, transportation, and credible 
accident scenarios;
--Waste Management: types of wastes expected to be generated, handled, 
and stored; and the potential consequences to public safety and the 
environment;
--Water Resources: surface and groundwater hydrology, water use and 
quality, and the potential for degradation;
--Air Quality: meteorological conditions, ambient background, pollutant 
sources, and the potential for degradation;
--Earth Resources: physical geography, topography, geology and soil 
characteristics;
--Ecological Resources: wetlands, aquatic and terrestrial resources, 
economically and recreationally important species, and threatened and 
endangered species;
--Socioeconomic: demography, economic base, labor pool, housing, 
transportation, utilities, public services/facilities, education, 
recreation, and cultural resources;
--Natural Disasters: floods, hurricanes, tornadoes, and seismic events;
--Cumulative Effects: impacts from past, present and reasonably 
foreseeable actions at and near the site(s);
--Indirect Effects: transportation to the Idaho Spent Fuel Facility;
--Unavoidable Adverse Impacts; and
--Environmental Justice: any potential disproportionately high and 
adverse impacts to minority and low-income populations.

    Alternatives other than those presented in this document may 
warrant examination, and new issues may be identified for evaluation.

6.0  Scoping Comment Period

    One purpose of this NOI is to encourage public involvement in the 
EIS process, and to solicit public comments on the proposed scope and 
content of the EIS. The NRC invites the following entities to 
participate in the scoping process:
    a. The applicant, Foster Wheeler Environmental Corporation.
    b. Any Federal agency that has jurisdiction by law or special 
expertise with respect to any environmental impact involved, or that is 
authorized to develop and enforce relevant environmental standards.
    c. Affected State and local government agencies, including those 
authorized to develop and enforce relevant environmental standards.
    d. Any affected Indian tribe.
    e. Any person who requests or has requested an opportunity to 
participate in the scoping process.
    f. Any person who intends to petition for leave to intervene.
    Scoping is an early and open process designed to determine the 
range of actions, alternatives, and potential impacts to be considered 
in the EIS, and to identify the significant issues related to the 
proposed action. It is intended to solicit input from the public and 
other agencies so that the analysis can be more clearly focused on 
issues of genuine concern. The principal goals of the scoping process 
are to:
    a. Ensure that concerns are identified early and are properly 
studied;
    b. Identify alternatives that will be examined;
    c. Identify significant issues that need to be analyzed;
    d. Eliminate unimportant issues;
    e. Identify and reference issues that have been previously 
analyzed; and
    f. Identify public concerns.

7.0  Scoping Comments

    Written comments should be mailed to: Michael T. Lesar, Chief, U.S. 
Nuclear Regulatory Commission, Rules & Directives Branch, Division of 
Administrative Services, Office of Administration, Mail Stop T6D59, 
Washington, DC 20555-0001. Please note Docket No. 72-25 when submitting 
comments.
    Comments will also be accepted by e-mail. Interested parties may e-
mail their comments to [email protected]. Comments will also be 
accepted by fax at 301-415-5398, ATTN: Matt Blevins.
    The NRC will make the scoping summaries and project-related 
materials available for public review through our electronic reading 
room: http://www.nrc.gov/reading-rm.html. The scoping meeting summaries 
and project-related materials will also be available on the NRC's Idaho 
Spent Fuel Facility Web page http://www.nrc.gov/waste/spent-fuel-storage.html (case sensitive).

8.0  The NEPA Process

    The EIS for the Idaho Spent Fuel Facility will be prepared 
according to the National Environmental Policy Act (NEPA) of 1969 and 
NRC's NEPA Regulations (10 CFR part 51).
    The draft EIS is scheduled to be published in May 2003. A 45-day 
comment period on the draft EIS is planned, and public meetings to 
receive comments will be held approximately three weeks after 
distribution of the draft EIS. Availability of the draft EIS, the dates 
of the public comment period, and information about the public meetings 
will be announced in the Federal Register, on NRC's Idaho Spent Fuel 
Facility Web page, and in the local news media when the draft EIS is 
distributed. The final EIS, which will incorporate public comments 
received

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on the draft EIS, is expected in December 2003.

    Dated at Rockville, Maryland, this 19th day of July, 2002.

    For the Nuclear Regulatory Commission.
Cheryl Trottier,
Chief, Environmental and Performance Assessment Branch, Division of 
Waste Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-18967 Filed 7-25-02; 8:45 am]
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