[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Notices]
[Page 64252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22349]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-26]


Notice of Issuance of Addendum to the Supplement to the 
Environmental Assessment for the Diablo Canyon Independent Spent Fuel 
Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Issuance.

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SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory 
Commission (NRC) is issuing an Addendum to the supplement to the 
Environmental Assessment (EA) for the Diablo Canyon Independent Spent 
Fuel Storage Installation (ISFSI). NRC issued the EA and initial 
Finding of No Significant Impact (FONSI) for this action on October 24, 
2003, and subsequently issued a license for the Diablo Canyon ISFSI to 
the Pacific Gas and Electric Company (PG&E), on March 22, 2004. The 
license authorizes PG&E to receive, possess, store, and transfer spent 
nuclear fuel and associated radioactive materials resulting from the 
operation of the Diablo Canyon Power Plant in an ISFSI at the site for 
a term of 20 years. On August 30, 2007, NRC issued a supplement to the 
EA and final FONSI, in response to the June 2, 2006, decision by the 
United States Court of Appeals for the Ninth Circuit, San Luis Obispo 
Mothers for Peace v. NRC, 449 F.3d 1016 (9th Cir. 2006). The supplement 
to the EA addressed the environmental impacts from potential terrorist 
acts against the Diablo Canyon ISFSI. The Addendum lists six documents 
to be added to the list of references provided in the supplement to the 
EA.

FOR FURTHER INFORMATION CONTACT: James R. Hall, Senior Project Manager, 
Licensing Branch, Division of Spent Fuel Storage and Transportation, 
Mail Stop EBB-3D-02M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001. Telephone: (301) 492-3319; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: On December 21, 2001, PG&E submitted an 
application to NRC, requesting a site-specific license to build and 
operate an ISFSI, to be located on the site of the Diablo Canyon Power 
Plant, in San Luis Obispo County, California. The NRC staff issued an 
EA and FONSI for this action on October 24, 2003, in accordance with 
the National Environmental Policy Act, and in conformance with the 
applicable requirements of 10 CFR part 51.
    On March 22, 2004, the NRC staff issued Materials License No. SNM-
2511 to PG&E, pursuant to 10 CFR part 72, authorizing PG&E to receive, 
possess, store, and transfer spent nuclear fuel and associated 
radioactive materials resulting from the operation of the Diablo Canyon 
Power Plant in an ISFSI at the site for a term of 20 years. 
Subsequently, the San Luis Obispo Mothers for Peace and other parties 
filed suit in the United States Court of Appeals for the Ninth Circuit, 
asking that NRC be required to consider terrorist acts in its 
environmental review associated with this licensing action. In its 
decision of June 2, 2006, San Luis Obispo Mothers for Peace v. NRC, 449 
F.3d 1016 (9th Cir. 2006), the Ninth Circuit held that NRC could not 
categorically refuse to consider the consequences of a terrorist attack 
under NEPA and remanded the case to NRC.
    In response to the Ninth Circuit decision, the Commission directed 
the NRC staff to prepare a revised EA, addressing the likelihood of a 
terrorist attack at the Diablo Canyon ISFSI site and the potential 
consequences of such an attack. On May 29, 2007, the NRC staff issued a 
preliminary supplement to the EA and draft FONSI to address the 
environmental impacts from potential terrorist acts against the Diablo 
Canyon ISFSI. On August 30, 2007, NRC issued the final supplement to 
the EA and final FONSI for this action. NRC summarized the comments 
received and responded to those comments in the final supplement to the 
EA, which also included a list of 14 references. Subsequent to the 
issuance of the final supplement, the staff determined that certain 
other documents concerning NRC's generic security assessments should 
also be included in the list of references. These 6 documents are 
listed in the Addendum.
    Documents related to this action, including the May 29, 2007, 
preliminary supplement to the EA and draft FONSI; the August 30, 2007, 
EA supplement and final FONSI; the October 24, 2003, EA; and the Diablo 
Canyon ISFSI license and supporting documentation, are available 
electronically, at NRC's Electronic Reading Room, at: http://www.nrc.gov/reading-rm/adams.html. From this site, you can access NRC's 
Agencywide Document Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The ADAMS 
accession number for the final EA supplement and final FONSI is 
ML072400511, and the accession number for the Addendum is ML073040434. 
For the preliminary supplement to the EA and draft FONSI, the accession 
number is ML071280256. The ADAMS accession number for the October 24, 
2003, EA is ML032970337; and for the ISFSI license and related 
documents, the accession number is ML040780107. If you do not have 
access to ADAMS, or if there are problems in accessing the documents 
located in ADAMS, contact NRC's Public Document Room (PDR) Reference 
staff at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at NRC's PDR, O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor 
will copy documents, for a fee.

    Dated at Rockville, Maryland, this 7th day of November, 2007.

    For the Nuclear Regulatory Commission.
Robert A. Nelson,
Chief, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E7-22349 Filed 11-14-07; 8:45 am]
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