[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Proposed Rules]
[Pages 59547-59551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23384]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 51
RIN: 3150-AI47
[NRC-2008-0404]
Consideration of Environmental Impacts of Temporary Storage of
Spent Fuel After Cessation of Reactor Operation
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to revise
its generic determination on the environmental impacts of storage of
spent fuel at, or away from, reactor sites after the expiration of
reactor operating licenses. The proposed revision reflects findings
that the Commission has reached in the ``Waste Confidence'' decision
update published elsewhere in this issue of the Federal Register. The
Commission now proposes to find that, if necessary, spent fuel
generated in any reactor can be stored safely and without significant
environmental impacts beyond the licensed life for operation (which may
include the term of a revised or renewed license) of that reactor at
its spent fuel storage basin or at either onsite or offsite independent
spent fuel storage installations (ISFSIs) until a disposal facility can
reasonably be expected to be available.
DATE: Submit comments on the proposed rule by December 8, 2008.
Comments received after this date will be considered if it is practical
to do so, but NRC is able to assure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments by any one of the following methods.
Comments submitted in writing or in electronic form will be made
available for public inspection. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2008-0404]. Address
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail
[email protected].
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not
receive a reply e-mail confirming that we have received your comments,
contact us directly at 301-415-1677.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone
301-415-1677).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
301-415-1101.
You can access publicly available documents related to this
document using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Public
File Area O1 F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. 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 1-899-397-4209, 301-415-4737, or by e-mail to
[email protected].
FOR FURTHER INFORMATION CONTACT: Neil Jensen, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone 301-415-8480, e-mail, [email protected].
SUPPLEMENTARY INFORMATION:
Background
In 1990, the Commission concluded a generic rulemaking proceeding
to reassess its degree of confidence that radioactive wastes produced
by nuclear power plants can be safely disposed of, to determine when
such disposal or offsite storage will be available, and to determine
whether radioactive wastes can be safely stored onsite past the
expiration of existing facility licenses until offsite disposal or
storage is available. This proceeding reviewed findings the Commission
had made in 1984 on these issues in a generic rulemaking proceeding
which became known as the ``Waste Confidence Proceeding.'' The 1990
proceeding resulted in the following five reaffirmed or revised Waste
Confidence findings:
(1) The Commission finds reasonable assurance that safe disposal of
high-level radioactive waste (HLW) and spent nuclear fuel (SNF) in a
mined geologic repository is technically feasible;
(2) The Commission finds reasonable assurance that at least one
mined geologic repository will be available within the first quarter of
the twenty-first century, and that sufficient repository capacity will
be available within 30 years beyond the licensed life for operation
(which may include the term of a revised or renewed license) of any
reactor to dispose of the commercial HLW and SNF originating in such
reactor and generated up to that time;
(3) The Commission finds reasonable assurance that HLW and SNF will
be managed in a safe manner until sufficient repository capacity is
available to assure the safe disposal of all HLW and SNF;
(4) The Commission finds reasonable assurance that, if necessary,
spent fuel generated in any reactor can be stored safely and without
significant environmental impacts for at least 30 years beyond the
licensed life for operation (which may include the term of a revised or
renewed license) of that reactor at its spent fuel storage basin, or at
either onsite or offsite ISFSIs;
(5) The Commission finds reasonable assurance that safe independent
onsite spent fuel storage or offsite spent fuel storage will be made
available if such storage capacity is needed. (55 FR 38474; September
18, 1990).
These five findings form the basis of the Commission's generic
determination of no significant environmental impact
[[Page 59548]]
from temporary storage of SNF after cessation of reactor operation
codified at 10 CFR 51.23(a):
The Commission has made a generic determination that, if
necessary, spent fuel generated in any reactor can be stored safely
and without significant environmental impact for at least 30 years
beyond the licensed life for operation (which may include the term
of a revised or renewed license) of that reactor at its spent fuel
storage basin or at either onsite or offsite independent spent fuel
storage installations. Further, the Commission believes there is
reasonable assurance that at least one mined geologic repository
will be available within the first quarter of the twenty-first
century, and sufficient repository capacity will be available within
30 years beyond the licensed life for operation of any reactor to
dispose of the commercial [HLW] and [SNF] originating in such
reactor and generated up to that time.
Thus, the environmental impacts of spent fuel storage for the
period following the term of a reactor operating license or amendment
or reactor combined license or amendment or initial independent spent
fuel storage installation license or amendment need not be considered
in proceedings on applications for such licenses or amendments. See 10
CFR 51.23(b).
In 1999, the Commission reviewed its Waste Confidence findings and
concluded that experience and developments after 1990 had confirmed the
findings and made a comprehensive reevaluation of the findings
unnecessary. See 64 FR 68005; December 6, 1999.
Discussion
Although the Commission concluded in 1999 that a detailed
reevaluation of the Waste Confidence findings was unwarranted, it did
state that it would consider undertaking a comprehensive reevaluation
of the findings when the impending repository development and
regulatory activities run their course or if significant and pertinent
unexpected events occur, raising substantial doubt about the continuing
validity of those findings. The Commission does not believe that these
criteria have been met. However, the Commission is now preparing to
conduct a significant number of proceedings on combined operating
license (COL) applications for new reactors. This has led NRC to
explore ways in which these proceedings may be conducted more
efficiently by resolving appropriate issues generically in rulemaking
proceedings.
Waste confidence is such an issue. Prior to NRC's original Waste
Confidence proceeding, the Commission had stated that, as a matter of
policy, it ``would not continue to license reactors if it did not have
reasonable confidence that the wastes can and will in due course be
disposed of safely.'' Natural Resources Defense Council; Denial of
Petition for Rulemaking, 42 FR 34391, 34393; July 5, 1977. It has been
18 years since the Commission last conducted a formal review of its
Waste Confidence findings and there may be concerns that one or more of
the findings are now out-of-date or at least not sufficiently
supportive of the upcoming COL proceedings. In anticipation of these
concerns, the Commission has prepared an update of the 1990 findings
and now proposes to revise two of the findings. A detailed examination
of its updated findings and proposals is announced separately in this
issue of the Federal Register.
The update and proposed revisions to the findings have led the
Commission to propose a modification of its generic determination of no
significant environmental impact from the temporary storage of spent
fuel after cessation of reactor operations codified at 10 CFR 51.23(a).
At present, this determination is supported by findings reached in 1990
that: (1) Spent fuel can be stored safely and without significant
environmental impacts for at least 30 years beyond the licensed life
for operation of the reactor that generated the fuel; (2) the
Commission has reasonable assurance that a geologic repository will be
available by 2025; and (3) all reactors will be able to dispose of
their spent fuel within 30 years beyond their licensed life for
operation. As modified, this generic determination will be simplified
to state that, if necessary, spent fuel generated in any reactor can be
stored safely and without significant environmental impacts beyond the
licensed life for operation (which may include the term of a revised or
renewed license) of that reactor at its spent fuel storage basin or at
either onsite or offsite ISFSIs until a disposal facility can
reasonably be expected to be available. The reasons for this
modification are briefly explained below and more fully in the
separately published update.
Safe Storage of Spent Fuel
The Commission's update has strengthened its confidence in the
safety and security of SNF storage, both in water pools and in ISFSIs.
In 1990, the Commission determined that experience with water storage
of SNF continued to confirm that pool storage is a benign environment
for SNF that does not lead to significant degradation of spent fuel
integrity; that the water pools in which the assemblies are stored will
remain safe for extended periods; and that degradation mechanisms are
well understood and allow time for appropriate remedial action.
Similarly, by 1990, the Commission had gained experience with dry
storage systems which confirmed the Commission's 1984 conclusions that
material degradation processes in dry storage are well-understood, and
that dry storage systems are simple, passive, and easily maintained. In
fact, one of the bases for the Commission's confidence in the safety of
dry storage was its issuance of an amendment in 1988 to 10 CFR part 72
to address spent fuel storage in a monitored retrievable storage
installation (MRS) for a license term of 40 years, with the possibility
of renewal. Under the environmental assessment for the MRS rule, the
Commission found confidence in the safety and environmental
insignificance of dry storage for 70 years following a period of 70
years of storage in a storage pool, for a total of 140 years of
storage. See NUREG-1092: Environmental Assessment for 10 CFR Part 72
``Licensing Requirements for the Independent Storage of Spent Fuel and
High-Level Radioactive Waste,'' August 1984. Nothing has occurred in
the intervening years which calls into question the Commission's
confidence in the safety of both wet and dry storage of SNF over long
periods in the normal operation of spent fuel pools and ISFSIs. NRC has
approved a 20-year license renewal for a wet ISFSI and 40-year license
renewals for two dry ISFSIs.
Since 1990, the Commission's primary focus has been on potential
accidents and, since the tragic events of September 11, 2001, on
security events which might lead to a radioactive release from stored
SNF. Multiple studies have been undertaken by NRC and by other
entities, such as the National Academy of Sciences (NAS), of the safety
and security of spent fuel storage, including the potential for the
draining of a spent fuel pool leading to a zirconium fire and for an
airplane crashing into an ISFSI. These studies and the Commission's
regulatory actions in enhancing security at nuclear power plants
(including the spent fuel pool) and at ISFSIs through issuance of
orders to licensees and through new regulations have reinforced NRC's
view that spent fuel storage systems are safe and secure and without
significant environmental impacts. See, e.g., Letter to Senator Pete V.
Domenici from Nils J. Diaz, March 14, 2005, enclosing NRC Report to
Congress on the [NAS] Study on the Safety and Security of Commercial
[SNF] Storage, March 2005; Denial of Petitions for Rulemaking: The
[[Page 59549]]
Attorney General of the Commonwealth of Massachusetts, The Attorney
General of California, PRM-51-10, PRM-51-12, 73 FR 46204; August 8,
2008; In the Matter of Private Fuel Storage, LLC, CLI-05-19; 62 NRC 403
(2005).
In sum, the characteristics of spent fuel storage facilities, the
studies of the safety and security of spent fuel storage, NRC's
extensive experience in regulating spent fuel storage and ISFSIs and in
certifying dry cask storage systems, and NRC's actions in approving 40-
year license renewals for two ISFSIs (meaning that the safety of dry
storage after licensed operation at these ISFSIs has been approved for
at least a 60-year period) confirm the Commission's confidence that
spent fuel storage is safe and secure over long periods of time. The
current generic determination is phrased in terms of confidence that
SNF can be stored safely and without significant environmental impacts
for at least 30 years beyond the licensed life for operation of the
reactor. The Commission explained in 1990 that this time period was not
intended to represent any technical limitation for safe and
environmentally benign storage; rather, this time period only reflected
its expectation that sufficient repository capacity would be available
for any reactor's spent fuel within 30 years of the end of its licensed
operations. See 55 FR 38509; September 18, 1990. For the reasons
explained briefly below, and more fully in the separately published
update, the Commission no longer finds it useful to include this time
limitation in its generic determination that SNF can be stored safely
and without significant environmental impacts after the end of a
reactor's licensed operation.
The Availability of a Repository
The Commission's accumulated experience of the safety of long-term
spent fuel storage with no significant environmental impact and its
accumulated experience of the safe management of spent fuel storage
during and after the expiration of the reactor operating license have
motivated it to propose that, instead of predicting a particular date
(currently 2025) for the availability of a repository, it would be more
appropriate to make a general finding of reasonable assurance that SNF
generated in any reactor can be stored safely and without significant
environmental impacts until a disposal facility can reasonably be
expected to be available. Dispensing with the 2025 date does not
signify a lack of confidence that a repository will be available by
that date. DOE submitted its license application for the proposed
repository at Yucca Mountain, Nevada on June 3, 2008 and on September
08, 2008, NRC Staff notified DOE that it found the application
acceptable for docketing (73 FR 53284; September 15, 2008). The NRC has
no reason at this point to conclude that the availability of a
repository by 2025 is not possible and it would be premature to revise
the date for that reason. However, the Commission recognizes that a
repository can only be available by that date if the Commission
ultimately renders a favorable decision on the application. Those
decisions must await the outcome of any NRC licensing proceedings held
on the application. The Commission has many times affirmed its
commitment to be an impartial adjudicator of the application and does
not believe that the existence of the 2025 date poses any threat to its
commitment \1\, but the Commission now has an opportunity to reconsider
the issue of repository availability and believes that deleting this
date will have the advantage of removing even an appearance of
prejudgment in a licensing proceeding for Yucca Mountain.
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\1\ In 2006, Nevada claimed in court that the Waste Confidence
Rule would skew the judgment of the Commissioners during the Yucca
Mountain licensing proceeding. But the court dismissed the claim,
ruling that the ``petitioner does not have standing to raise this
claim because petitioner can point to no injury in fact as legal or
practical consequence of the [Waste Confidence] Rule.'' State of
Nevada v. Nuclear Regulatory Commission, 199 Fed. Appx. 1; 2006 U.S.
App. LEXIS 24196 (DC Cir., September 22, 2006).
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The Commission's proposal with respect to the availability of a
repository focuses attention on when it may be reasonable to expect
that a repository will be available. The Commission proposes to use a
``target date'' approach as described in its proposed revision of Waste
Confidence Finding 2. This approach is used by many nations with
geologic repository programs and can be a useful vehicle for
considering the complex technical and institutional issues involved in
predicting repository availability. The NRC believes that it is
reasonable to assume that it will be known by 2025 whether a repository
is available at the Yucca Mountain site and intends to use this date as
the starting-off point for a new repository program on the assumption
that, for whatever reason, a repository does not become available at
Yucca Mountain. The Commission remains confident that disposal of SNF
and HLW in a geologic repository is technically feasible and that DOE
should be able to locate a suitable site for repository development in
no more time than was needed for the Yucca Mountain repository program
(about 20 years). However, both domestic and international developments
have made clear that confidence in the technical feasibility of a
repository alone is not sufficient to bring about the broader societal
and political acceptance for a repository. Achieving this broader
support for construction of a repository at a particular site involves
many different types of public outreach which, based on international
examples described in the update, suggests a range of 25-35 years to
obtain. This means that if a new repository program began in 2025, it
would be reasonable to expect that a repository would become available
by 2050-2060. It must be emphasized that this does not represent a hard
and fast date by which a repository must be available for safety
reasons. The Commission did not define a period when a repository will
be needed for safety or environmental reasons in 1990 and it is not
doing so now; it is only explaining its view of when repository
capacity may be reasonably expected to be available. For this reason,
the Commission proposes to delete reference to the availability date
for the repository from its generic determination.
Availability of Repository Capacity for Disposal of Spent Fuel From All
Reactors
At present, the Commission's generic determination of no
significant environmental impact from the temporary storage of spent
fuel after cessation of reactor operation includes a prediction that
sufficient repository capacity will be available within 30 years beyond
the licensed life for operation of any reactor for disposal of its
spent fuel. This prediction was not based on safety or environmental
considerations; it was based on finding that 30 years beyond the
licensed life for operation of even the earliest reactors would not
occur until after 2025. Thus, the Commission's confidence that a
repository would be available by 2025 still meant that no reactor would
need to store its SNF for more than 30 years beyond its licensed life
for operation. If it is assumed that a repository will not be available
until 2050-2060, this prediction can no longer be maintained. There are
18 reactor licenses that will expire between 2009 and 2020 and an
additional 44 licenses that will expire between 2021 and 2030. See
2007-2008 USNRC Information Digest, NUREG-1350, Vol. 19, Table 11, p.48
(Information Digest). For licenses that are not renewed, some spent
fuel will need to be stored for more than 30 years beyond the licensed
life for operation. There are 22 reactors which were
[[Page 59550]]
formerly licensed to operate, but which have been permanently shut
down. See Information Digest, Appendix B. For most of these plants, 30
years beyond the licensed life for operation will fall in the 2030s and
2040s. Thus, for virtually all of these plants, spent fuel will have to
be stored beyond 30 years from the expiration of the license if a
repository is not available until 2050-2060. For this reason, the
Commission is proposing to modify its generic determination to delete
the prediction that sufficient repository capacity will be available
within 30 years beyond the expiration of the licensed life for
operation on all reactors. As stated above, this was not a safety
finding and the deletion is made solely to be consistent with an
assumption that a repository will not be available until 2050-2060. The
Commission is proposing to revise Finding 2 to predict that repository
capacity will be available within 50-60 years beyond the licensed life
for operation of all reactors (and is requesting public comment on
whether a timeframe should be included at all in Finding 2--see below)
and, consistent with this, is proposing to revise Finding 4 to find
that spent fuel generated in any reactor can be stored safely and
without significant environmental impact for at least 60 years beyond
the licensed life for operation of the reactor.
Specific Question for Public Comment
The Commission's proposed revision of Finding 2 to include a
timeframe for availability of repository capacity within 50-60 years
beyond the licensed life for operation of all reactors is based on its
assessment not only of its understanding of the technical issues
involved, but also predictions of the time needed to bring about the
necessary societal and political acceptance for a repository site.
Recognizing the inherent difficulties in making such predictions,
the Commission seeks specific comment on whether it should revise its
approach to Finding 2 and adopt a more general finding of reasonable
assurance that SNF generated in any reactor can be stored safely and
without significant environmental impacts until a disposal facility can
reasonably be expected to be available. In other words, in response to
the concerns raised by the U.S. Court of Appeals for the District of
Columbia Circuit in State of Minnesota v. NRC, 602 F.2d 412 (1979) that
precipitated the original Waste Confidence proceeding, the Commission
could now say that there is no need to be concerned about the
possibility that spent fuel may need to be stored at onsite or offsite
storage facilities at the expiration of the license (including a
renewed license) until such time as a repository is available because
we have reasonable assurance that spent fuel can be so stored for long
periods of time, safely and without significant environmental impact.
Such a finding would be made on the basis of the Commission's
accumulated experience of the safety of long-term spent fuel storage
with no significant environmental impact (see Finding 4) and its
accumulated experience of the safe management of spent fuel storage
during and after the expiration of the reactor operating license (see
Finding 3).
The Commission seeks comment on this alternative revision of
Finding 2 and whether additional information is needed for or
accompanying changes should be made to its other Findings on the long
term storage of spent fuel if such a revision of Finding 2 were to be
adopted.
Summary of Proposed Amendments by Section
Section 51.23(a) would be amended to provide the Commission's
generic determination that, if necessary, spent fuel generated in any
reactor can be stored safely and without significant environmental
impacts beyond the licensed life for operation (which may include the
term of a revised or renewed license) of that reactor at its spent fuel
storage basin or at either onsite or offsite ISFSIs until a disposal
facility can reasonably be expected to be available.
Plain Language
The Presidential memorandum ``Plain Language in Government
Writing,'' published June 10, 1998 (63 FR 31883), directed that the
Government's writing be in clear and accessible language. The NRC
requests comments on this proposed rule specifically with respect to
the clarity and effectiveness of the language used. Comments should be
sent to the NRC as explained in the ADDRESSES portion of this document.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this proposed rule, NRC would modify its
generic determination that, if necessary, spent fuel generated in any
reactor can be stored safely and without significant environmental
impacts for at least 30 years beyond the licensed life for operation
(which may include the term of a revised or renewed license) of that
reactor at its spent fuel storage basin or at either onsite or offsite
ISFSIs. This action does not constitute the establishment of a standard
that establishes generally applicable requirements.
Finding of No Significant Environmental Impact: Availability
This proposed rule amends 10 CFR part 51 of the Commission's
regulations to modify the generic determination currently codified in
Part 51 which was made by the Commission in the 1990 Waste Confidence
rulemaking proceeding. That generic determination was that for at least
30 years beyond a reactor's licensed life for operation (which may
include the term of a revised or renewed license) no significant
environmental impacts will result from the storage of spent fuel
generated in that reactor in its spent fuel storage basin or at either
onsite or offsite independent spent fuel storage installations. The
proposed modification provides that, if necessary, spent fuel generated
in any reactor can be stored safely and without significant
environmental impacts beyond the licensed life for operation (which may
include the term of a revised or renewed license) of that reactor at
its spent fuel storage basin or at either onsite or offsite independent
spent fuel storage installations until a disposal facility can
reasonably be expected to be available. The environmental analysis on
which the revised generic determination is based can be found in the
proposed revision and update to the Waste Confidence findings published
elsewhere in this issue. This proposed rulemaking formally
incorporating the revised generic determination in the Commission's
regulations has no separate independent environmental impact. The
proposed revisions and update to the Waste Confidence findings are
available as specified in the ADDRESSES section of this notice.
Paperwork Reduction Act Statement
This proposed rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget approval number 3150-0021.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to a request for information or an information collection
requirement unless the requesting document
[[Page 59551]]
displays a currently valid OMB control number.
Regulatory Analysis
A draft regulatory analysis has not been prepared for this proposed
regulation because this regulation does not establish any requirements
that would place a burden on licensees.
Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the
Commission certifies that this rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The proposed rule would describe a revised basis for continuing in
effect the current provisions of 10 CFR 51.23(b) which provides that no
discussion of any environmental impact of spent fuel storage in reactor
facility storage pools or ISFSIs for the period following the term of
the reactor operating license or amendment or initial ISFSI license or
amendment for which application is made is required in any
environmental report, environmental impact statement, environmental
assessment, or other analysis prepared in connection with certain
actions. This rule affects only the licensing and operation of nuclear
power plants or ISFSIs. Entities seeking or holding Commission licenses
for these facilities do not fall within the scope of the definition of
``small entities'' set forth in the Regulatory Flexibility Act or the
size standards established by the NRC at 10 CFR 2.810.
Backfit Analysis
The NRC has determined that the backfit rule (Sec. Sec. 50.109,
70.76, 72.62, or 76.76) does not apply to this proposed rule because
this amendment would not involve any provisions that would impose
backfits as defined in the backfit rule. Therefore, a backfit analysis
is not required.
List of Subjects in 10 CFR Part 51
Administrative practice and procedure, Environmental impact
statement, Nuclear materials, Nuclear power plants and reactors,
Reporting and recordkeeping requirements.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 553, the NRC is proposing to
adopt the following amendment to 10 CFR Part 51.
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
1. The authority citation for Part 51 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106
Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297(f)); secs. 201, as
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841,
5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Subpart A
also issued under National Environmental Policy Act of 1969, secs.
102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334,
4335), and Public Law 95-604, Title II, 92 Stat. 3033-3041; and sec.
193, Public Law 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections
51.20, 51.30, 51.60, 41.80, and 51.97 also issued under secs. 135,
141, Public Law 97-425, 96 Stat. 2232, 2241, and sec. 148, Public
Law 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended
by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste
Policy Act of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141).
Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy
Act of 1982, sec 114(f), 96 Stat 2216, as amended (42 U.S.C. 10134
(f)).
2. In Sec. 51.23, paragraph (a) is revised to read as follows:
Sec. 51.23 Temporary storage of spent fuel after cessation of reactor
operation--generic determination of no significant environmental
impact.
(a) The Commission has made a generic determination that, if
necessary, spent fuel generated in any reactor can be stored safely and
without significant environmental impacts beyond the licensed life for
operation (which may include the term of a revised or renewed license)
of that reactor at its spent fuel storage basin or at either onsite or
offsite independent spent fuel storage installations until a disposal
facility can reasonably be expected to be available.
* * * * *
Dated at Rockville, Maryland, this 29th day of September 2008.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E8-23384 Filed 10-8-08; 8:45 am]
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