[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Notices]
[Pages 50004-50006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19630]


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DEPARTMENT OF ENERGY


Revised Record of Decision for the Environmental Impact Statement 
on a Proposed Nuclear Weapons Nonproliferation Policy Concerning 
Foreign Research Reactor Spent Nuclear Fuel

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Revised Record of Decision.

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[[Page 50005]]

SUMMARY: The Department of Energy (DOE) is further revising \1\ the 
Record of Decision (61 FR 25092; May 17, 1996) on the Environmental 
Impact Statement on a Proposed Nuclear Weapons Nonproliferation Policy 
Concerning Foreign Research Reactor Spent Nuclear Fuel (DOE/EIS-218, 
February 1996), to allow the United States to take title to spent 
nuclear fuel and target material from foreign research reactors located 
in countries of any income at locations other than the port of entry 
into the United States.
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    \1\ The Record of Decision was previously revised three times: 
July 25, 1996 (61 FR 38720); July 19, 2000 (65 FR 44767); and 
December 1, 2004 (69 FR 69901).

FOR FURTHER INFORMATION CONTACT: For further information on DOE's 
Foreign Research Reactor Spent Nuclear Fuel Acceptance Program or this 
Revised Record of Decision, contact: Mr. Andrew Bieniawski, Assistant 
Deputy Administrator for Defense Nonproliferation, Office of Global 
Threat Reduction (NA-21), U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585, Attn: 955 L'Enfant, 202-586-9215.
    For information on DOE's National Environmental Policy Act (NEPA) 
process, contact: Ms. Carol M. Borgstrom, Director, Office of NEPA 
Policy and Compliance (GC-20), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-4600, or 
leave a message at (800) 472-2756.

SUPPLEMENTARY INFORMATION:

Background

    DOE, with the Department of State as a cooperating agency, issued 
the Environmental Impact Statement on a Proposed Nuclear Weapons 
Nonproliferation Policy Concerning Foreign Research Reactor Spent 
Nuclear Fuel (FRR SNF EIS, DOE/EIS-218) in February 1996. The Record of 
Decision was issued on May 13, 1996, and was published in the Federal 
Register on May 17, 1996 (61 FR 25092). In the FRR SNF EIS, DOE and the 
Department of State considered the potential impacts of a proposed 
policy to manage U.S.-origin spent nuclear fuel and target material 
from foreign research reactors. After consideration of public comments 
submitted on the Draft and Final EIS, DOE, in consultation with the 
Department of State, decided to implement the proposed policy as 
identified in the Preferred Alternative contained in the Final EIS, 
subject to additional stipulations specified in Section VII of the 
Record of Decision. The Record of Decision stated, ``DOE would take 
title to the foreign research reactor spent nuclear fuel and target 
material that is shipped by sea after it is unloaded from the ship at 
the port of entry * * * '' In its initial decision, DOE announced that 
eligible spent fuel that is irradiated and discharged from reactors 
before May 13, 2006, is eligible for acceptance through May 12, 2009. 
DOE later extended the program for an additional 10 years, until May 
12, 2016, for irradiation of eligible fuel, and until May 12, 2019, for 
fuel acceptance (69 FR 69901; December 1, 2004).
    DOE subsequently determined that the need may arise during 
implementation of the policy for the United States to take title to 
spent nuclear fuel and target material from foreign research reactors 
located in countries with other-than-high-income economies at locations 
other than the port of entry into the United States. Foreign 
governments had raised a concern in cases where transportation casks 
from multiple countries were on a single vessel regarding who would be 
liable for any potential damage when spent fuel from one country is in 
the territory of another during the shipment. DOE was informed that 
shipowners willing to transport spent nuclear fuel from these countries 
without coverage under the Price-Anderson Act had not been identified. 
After determining that the point at which title to the spent nuclear 
fuel and target material transfers from the reactor operator to the 
United States had no effect on the physical processes that would take 
place under the acceptance policy, and thus would not have any effect 
on the potential impacts to the environment, workers, or the public, 
DOE issued its Revision to the Record of Decision (61 FR 38720; July 
25, 1996) to allow DOE to take title to spent nuclear fuel and target 
material from foreign research reactors located in countries with 
other-than-high-income economies, as defined in the Final EIS, at 
locations other than the port of entry into the United States. This 
revised policy did not extend to reactors in countries with high-income 
economies, since reactor operators in these countries, at that time, 
were able to provide sufficient liability insurance for transporting 
their own spent nuclear fuel to the United States.

Reason for the Revision

    Recently, the need has arisen during implementation of the policy 
for the United States also to take title to spent nuclear fuel and 
target material from foreign research reactors located in countries 
with high-income economies at locations other than the port of entry 
into the United States.
    Nuclear insurance pools covering individual reactor operators in 
countries with high-income economies have begun to require additional 
coverage. This rise in premiums affects, in particular, some smaller 
foreign research reactors in high-income economy countries that are in 
many cases operated by educational and research institutions that do 
not have the funding to pay for additional coverage, estimated to cost 
approximately $50,000 per shipping participant. Since some smaller 
foreign research reactors would have significant difficulties obtaining 
additional funding, they could decide not to participate at all in 
future shipments. One reactor in a high-income economy country recently 
refused to participate in a shipment without reimbursement of 
additional insurance costs.
    DOE anticipates that liability insurance costs will continue to 
increase in the coming years for reactors in countries of all incomes. 
If research reactors in high-income economy countries are increasingly 
unable to participate in shipments due to lack of liability insurance, 
the program's nonproliferation goal of repatriating U.S.-origin highly 
enriched uranium would be jeopardized.
    DOE's experience since 1996 in taking title to material from 
reactors in other-than-high-income economy countries has confirmed that 
the point at which title to the spent nuclear fuel and target material 
transfers from the reactor operator to the United States has no effect 
on the physical processes that take place under the acceptance policy. 
There are, for example, no changes in the applicable requirements or 
handling practices that ensure worker and public safety and 
environmental protection. Thus, the location of title change does not 
have any effect on the potential impacts to the environment.
    Therefore, in place of the current policy that allows DOE to take 
title to spent nuclear fuel or target material at a location other than 
the U.S. port of entry only from foreign research reactors in other-
than-high-income-economy countries, DOE is herein revising the Record 
of Decision to allow the title transfer location for spent nuclear fuel 
or target material from reactors located in countries of any income to 
be determined on a case-by-case basis by DOE, and the terms and 
conditions of the title transfer to be specified in DOE's individual 
contracts with the reactor operators. As with the policy in the prior 
Revised Record of Decision (61 FR 38720; July 25, 1996), title could

[[Page 50006]]

transfer as early as the departure of the loaded cask from the reactor 
site or at the foreign port-of-origin, or as late as entry into the 
United States.

Decision

    For the reasons set forth above, Section VII (``Decision'') of the 
Record of Decision (61 FR 25092; May 17, 1996) as previously revised 
(61 FR 38720; July 25, 1996) is further revised by replacing the 
current Paragraph E with a new Paragraph E to read as follows:

    E. The United States may take title to the spent nuclear fuel 
and target material of research reactors from countries of any 
income at a location other than the port of entry into the United 
States. On a case-by-case basis, the United States will determine 
whether it is in its best interests, with regard to the execution of 
this policy, to take title to certain spent nuclear fuel and target 
material before it reaches the port of entry into the United States. 
The title transfer location will be specified in the contract with 
the affected reactor operator. In implementing this policy, the 
Administrator for the National Nuclear Security Administration must 
make, on a case-by-case basis, any decision to accept title to 
foreign research reactor spent nuclear fuel outside the United 
States. The authority to make this decision cannot be delegated.

    In addition, Section IX (``Basis for the Decision''), Paragraph G 
(``Title Transfer Location'') of the Record of Decision is revised to 
read as follows:

    G. Title Transfer Location--The alternative points at which DOE 
might take title to the spent nuclear fuel and target material are 
discussed in Sections 2.2.1.4 and 2.2.2.4 of the Final EIS. The 
point at which title will be transferred has no effect on the 
physical processes that would take place, and thus will not have any 
effect on the impacts on the environment, workers, or the public. 
However, the point of title transfer does affect financial 
responsibility for risks associated with the shipments.

    Under United States law, the Price-Anderson Act would provide 
indemnification coverage for spent nuclear fuel and target material 
shipments from foreign research reactors upon entry of material into 
the United States regardless of when title is transferred to the United 
States. However, Price-Anderson coverage outside U.S. territory is 
provided only if the material is owned by, and used by, or under 
contract with the United States. For countries with other-than-high-
income economies, DOE has provided Price-Anderson Act coverage on a 
case-by-case basis per the Revised Record of Decision issued in 1996 
(61 FR 38720; July 25, 1996). Recently, reactor operators in countries 
with high-income economies have been unable to afford nuclear liability 
insurance due to increasing costs.
    The approach for transfer of title discussed in Section VII.E. 
permits DOE to take title to spent fuel at locations other than the 
U.S. port of entry, regardless of the income status of the country 
repatriating the spent fuel or target material to the United States. 
This policy revision allows DOE, on a case-by-case basis, to extend 
Price-Anderson Act coverage and assume financial responsibility for 
shipments from the point at which DOE takes title. This removes the 
need for reactors for whom sufficient liability insurance is 
unaffordable to purchase such insurance for shipment to the U.S. port 
of entry. This provision will provide a mechanism whereby liability 
coverage can be provided for segments of the transportation process 
that the reactor operators are unable themselves to provide. In 
implementing this policy, the Administrator for the National Nuclear 
Security Administration must make, on a case-by-case basis, any 
decision to accept title to foreign research reactor spent nuclear fuel 
outside the United States. The authority to make this decision cannot 
be delegated.
    The revision of the Record of Decision set forth in this Notice 
complies with the requirements of the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR 
Parts 1500-1508 and 10 CFR Part 1021. Because there are no 
environmental impacts associated with changing the title transfer 
location, no further environmental review is required under the 
National Environmental Policy Act or Executive Order 12114 (January 4, 
1979) in order to effectuate the revision.

    Issued in Washington, DC, on August 13, 2008.
Thomas P. D'Agostino,
Under Secretary for Nuclear Security and Administrator, National 
Nuclear Security Administration.
[FR Doc. E8-19630 Filed 8-22-08; 8:45 am]
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