[Federal Register Volume 67, Number 203 (Monday, October 21, 2002)]
[Notices]
[Pages 64668-64669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26553]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7001]


Paducah Gaseous Diffusion Plant, United States Enrichment Corp.; 
Notice of Approval of Request for Temporary Exemption

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of approval of request for temporary exemption.

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SUMMARY: The Nuclear Regulatory Commission (Commission) is approving, 
upon publication of this notice, a request for a temporary exemption 
from the requirement to perform an emergency preparedness (EP) exercise 
every 2 years for the Paducah Gaseous Diffusion Plant operated by the 
United States Enrichment Corporation (USEC). The temporary exemption is 
needed because USEC needs to concentrate available resources on prompt 
implementation of requirements in the Commission's Security Order 
issued June 17, 2002, and postponement of the EP exercise until after 
implementation of the Security Order requirements will provide a better 
indication of preparedness under the new requirements. USEC requested 
authorization to conduct the EP exercise on September 10, 2003, a delay 
of approximately 10 months from the currently scheduled exercise date 
of November 13, 2002. However, the Commission is requiring USEC to 
conduct the exercise no earlier than July 15, 2003, and no later than 
August 15, 2003. USEC will then return to the normal biennial schedule 
with the next exercise being conducted in September 2004. The NRC has 
prepared an environmental assessment with a Finding Of No Significant 
Impact (FONSI) on the request.

FOR FURTHER INFORMATION CONTACT: Dan E. Martin, Project Manager, Fuel 
Cycle Facilities Branch, Division of Fuel Cycle Safety 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 approving a temporary 
exemption from the requirement to perform an emergency preparedness 
exercise every 2 years, pursuant to 10 CFR part 76, for the Paducah 
Gaseous Diffusion Plant (PGDP), 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 Paducah, Kentucky.
    The PGDP facility was scheduled to conduct an EP exercise on 
November 13, 2002. USEC has requested an exemption to allow 
postponement of the exercise until September 10, 2003, a delay of about 
10 months. The delay is requested in order to allow USEC to concentrate 
available resources on implementation of requirements in the Security 
Order issued by the Commission on June 17, 2002. The Security Order 
compels a variety of actions to increase security in light of the 
terrorist attacks on the United States that occurred on September 11, 
2001, and is not subject to public disclosure. USEC also wishes to 
postpone the exercise until after the Security Order requirements are 
implemented because the exercise will then provide a better indication 
of preparedness under the new requirements. The Commission is requiring 
USEC to conduct the exercise no earlier than July 15, 2003, and no 
later than August 15, 2003.
    The last biennial EP exercise conducted at the PGDP facility was 
conducted on September 21, 2000. USEC's Emergency Plan, in accordance 
with 10 CFR 76.91(l), requires that plant personnel plan and conduct 
biennial EP exercises. Because USEC needs to schedule the next exercise 
beyond the end of calendar year 2002, USEC has requested a temporary 
exemption from the requirement to conduct biennial EP exercises. USEC 
requested authorization to conduct the EP exercise on September 10, 
2003. However, the Commission is requiring USEC to conduct the exercise 
no earlier than July 15, 2003, and no later than August 15, 2003. The 
Commission is also requiring USEC to offer and conduct training for 
off-site responders, before the exercise is conducted, to familiarize 
them with the new security requirements. USEC will then return to the 
normal biennial schedule with the next exercise being conducted in 
September 2004. 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 of 10 CFR 76.91(l) to perform a biennial EP exercise during 
calendar year 2002. The proposed action would require USEC to conduct 
the PGDP 2002 biennial exercise no earlier than July 15, 2003, and no 
later than August 15, 2003, and would require USEC to offer and conduct 
training for off-site responders to familiarize them with the new 
security requirements before the exercise is conducted. The proposed 
action is otherwise in accordance with USEC's request dated August 28, 
2002.

Need for the Proposed Action

    The proposed action is necessary to support a request by USEC that 
the EP exercise scheduled for November 13, 2002, be postponed beyond 
calendar year 2002, to the summer of 2003. The delay is needed to allow 
USEC to concentrate available resources on implementation of 
requirements in the Security Order issued by the Commission on June 17, 
2002, until completion. The Security Order compels a variety of actions 
to increase security in light of the terrorist attacks on the United 
States that occurred on September 11, 2001, and is not subject to 
public disclosure. Among the actions that USEC is required to take are 
substantial plant modifications, training

[[Page 64669]]

programs, and development and implementation of new procedures. USEC 
also wishes to postpone the exercise until after the Security Order 
requirements are implemented because the exercise will then provide a 
better indication of preparedness under the new requirements.

Environmental Impacts of the Proposed Action

    The proposed action would not materially affect the emergency 
response capabilities of the PGDP facility. The last EP exercise was 
conducted on September 21, 2000, and there were no issues identified 
which required immediate corrective action. One weakness identified 
concerned the failure of staff critiques to identify all areas of 
exercise weaknesses. This weakness has been addressed by USEC by 
communicating this finding to exercise participants and monitoring 
subsequent critiques for adequacy. NRC reviews and inspections since 
the 2000 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. To 
assure Commission staff receive practice needed to assure Commission 
readiness to cope with an emergency at the GDPs or other fuel cycle 
facilities, the Commission is requiring USEC to conduct the exercise no 
earlier than July 15, 2003, and no later than August 15, 2003. To 
assure that off-site responders are prepared, the Commission is 
requiring USEC to offer and conduct training for off-site responders to 
familiarize them with the new security requirements before the exercise 
is conducted.
    Because temperatures in July and August can be very high, and the 
temperatures in the cascade buildings and in other plant facilities can 
be extraordinarily high in those months, there is risk of significant 
heat stress to exercise participants required to wear substantial 
protective gear for anti-contamination, fire protection, or security 
purposes. To avoid significant risk of heat stress during the exercise, 
the Commission will allow USEC to not require that response personnel 
involved in the exercise wear the full complement of protective gear 
where heat stress would be a likely result.
    The proposed action will not increase the probability or 
consequences of plant accidents, no changes are being made in the 
amounts or types of any effluents that could be released off-site, 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 
environmental impact. Accordingly, the Commission concludes that there 
are no significant nonradiological impacts associated with the proposed 
action.

Alternatives to the Proposed Action

    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 and others by potentially delaying the implementation 
of the requirements in the Commission's Security Order issued June 17, 
2002. The environmental impacts of the proposed action and the 
alternative action are otherwise 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 2002, 
and would merely delay the exercise.

Agencies and Persons Consulted

    In accordance with its stated policy, the NRC staff consulted with: 
(1) State of Illinois official Thomas Ortciger, Director, Illinois 
Department of Nuclear Safety; (2) State of Kentucky official Janice H. 
Jasper, Radiation Health and Toxic Agents Branch, Cabinet for Health 
Services; and (3) 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, Fuel 
Cycle Facilities Branch, Division of Fuel Cycle Safety and Safeguards, 
Office of Nuclear Material Safety and Safeguards. Mr. Martin is the 
Project Manager for the Paducah Gaseous Diffusion Plant.
    For further details with respect to the proposed action, see the 
USEC letter request dated August 28, 2002, available for public 
inspection at the Commission's Public Document Room at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, MD, and 
accessible electronically through the ADAMS Public Electronic Reading 
Room link at the NRC Web site http://www.nrc.gov/reading-rm/adams.html.

    Dated at Rockville, Maryland this 10th day of October, 2002.

    For the Nuclear Regulatory Commission
Daniel M. Gillen,
Chief, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-26553 Filed 10-18-02; 8:45 am]
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