[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Proposed Rules]
[Page 64003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22213]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / 
Proposed Rules  

[[Page 64003]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 51

[Docket No. PRM-51-12]


State of California; Supplement to a Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Supplemental petition for rulemaking; notice of receipt.

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SUMMARY: The Nuclear Regulatory Commission (NRC) has received a 
supplement to a petition for rulemaking filed with the Commission by 
Edmund G. Brown, Jr., Attorney General for the State of California. The 
NRC docketed the original petition dated March 16, 2007, as PRM-51-12. 
In this supplement to PRM-51-12, the petitioner provides clarification 
to the original PRM. This document is being noticed for information 
only and not for public comment.

ADDRESSES: For a copy of the original petition PRM-51-12 and the 
supplement to PRM-51-12, write to Michael T. Lesar, Chief, Rulemaking, 
Directives, and Editing Branch, Division of Administrative Services, 
Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.
    PRM-51-12 and the supplement to PRM-51-12 may be inspected and 
copied for a fee at the NRC Public Document Room (PDR), 11555 Rockville 
Pike, Public File Area O1F21, Rockville, Maryland. Copies of comments 
received on PRM-51-12 are available through the NRC's Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. These documents may be accessed 
through the NRC's Public Electronic Reading Room on the Internet at 
http://www.nrc.gov/NRC/ADAMS/index.html. If you do not have access to 
ADAMS or if there are problems in accessing the documents located in 
ADAMS contact the NRC's PDR Reference staff at 1-800-397-4209, 301-415-
4737, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, 
Directives, and Editing Branch, Division of Administrative Services, 
Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Telephone: 301-415-7163, or toll free: 800-
368-5642.

SUPPLEMENTARY INFORMATION: The NRC received a petition for rulemaking 
dated March 16, 2007, submitted by Edmund G. Brown, Jr., Attorney 
General for the State of California (petitioner). The petition was 
docketed as PRM-51-12. The notice of receipt of PRM-51-12 was published 
on May 14, 2007 (72 FR 27068). On September 19, 2007, the petitioner 
submitted a document characterized as an ``Amended Petition'' for 
rulemaking to clarify PRM-51-12.
    In the original petition, the petitioner requested that the NRC 
rescind its regulations at 10 CFR Part 51 that declare the potential 
environmental effects of the approval, construction, and operation of 
high-density pool storage of spent nuclear fuel, are not and cannot be 
significant for purposes of the National Environmental Policy Act 
(NEPA) and NEPA analysis; adopt and issue a generic determination that 
approval of such storage at a nuclear power plant or any other facility 
does constitute a major federal action that may have a significant 
effect on the human environment; and order that no NRC licensing 
decision that approves high-density pool storage of spent nuclear fuel 
at a nuclear power plant or other storage facility may issue without 
the prior adoption and certification of an environmental impact 
statement (EIS) that complies with NEPA in all respects, including full 
identification, analysis, and disclosure of the potential environmental 
effects of such storage, including the potential for accidental or 
deliberately caused release of radioactive products to the environment, 
whether by accident or through acts of terrorism, as well as full and 
adequate discussion of potential mitigation for such effects, and full 
discussion of an adequate array or alternatives to the proposed storage 
project.
    In the September 19, 2007 document, the petitioner clarifies that 
the State of California seeks to have the NRC rescind all regulations 
found in 10 CFR Part 51, that imply, find or determine that the 
potential environmental effects of high-density pool storage of spent 
nuclear fuel are not significant for purposes of NEPA and NEPA 
analysis. The petitioner also includes requests for a generic 
determination and order. These requests are identical to the requests 
made in the March 16, 2007 petition and are as described previously.
    The NRC does not consider the September 19, 2007 document to be 
substantively different from PRM-51-12. Therefore, the NRC will 
consider the September 19, 2007 document to be a supplement to PRM-51-
12 and will include it in the docket for PRM-51-12. The NRC is 
publishing this notice for information only and not for public comment. 
The public comment period for PRM-51-12 closed on July 30, 2007.

    Dated at Rockville, Maryland, this 6th day of November 2007.

    For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
[FR Doc. E7-22213 Filed 11-13-07; 8:45 am]
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