[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Pages 37252-37253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17901]



[Docket No. 72-25; NRC-2009-0076]

U.S. Department of Energy; Idaho Spent Fuel Facility Notice of 
Order Approving Direct Transfer of Materials License

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Order Approving Direct Transfer of Materials 
License No. SNM-2512.


FOR FURTHER INFORMATION CONTACT: Shana Helton, Senior Project Manager, 
Licensing Branch, Division of Spent

[[Page 37253]]

Fuel Storage and Transportation, Office of Nuclear Material Safety and 
Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville, 
MD 20852. Telephone: (301) 492-3284; fax number: (301) 492-3348; e-
mail: [email protected].



    Foster Wheeler Environmental Corporation (FWENC) is the holder of 
Special Nuclear Materials License No. 2512 (SNM-2512), issued by the 
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR 
part 72. SNM-2512 authorizes FWENC to construct and operate the Idaho 
Spent Fuel (ISF) Facility in accordance with the terms and conditions 
specified therein. The yet-to-be constructed ISF Facility is an 
independent spent fuel storage installation (ISFSI) which, if 
constructed, will be located adjacent to the U.S. Department of 
Energy's (DOE's) Idaho Nuclear Technology and Engineering Center site 
on the Idaho National Laboratory grounds in Idaho.


    By application dated May 30, 2008, as supplemented by letter dated 
June 8, 2009 (Agencywide Documents Access and Management System [ADAMS] 
Accession Nos. ML081630246 and ML091660593, respectively), DOE 
submitted a request, to NRC, for approval of a proposed direct transfer 
of SNM-2512, under section 184 of the Atomic Energy Act of 1954, as 
amended (AEA), and 10 CFR 72.50.
    SNM-2512 was issued to FWENC to construct and operate the ISF 
Facility ISFSI. As of this date, no facility has been constructed, but 
FWENC continues to hold SNM-2512. The proposed license transfer would 
result in DOE holding SNM-2512. The application also requested a 
conforming license amendment to reflect the proposed transfer of SNM 
License No. 2512 to DOE. No physical changes to the ISF Facility ISFSI 
design or operational changes were proposed in the application.
    Approval of the application was requested pursuant to section 184 
of the AEA, and 10 CFR 72.50. Notice of consideration of approval of 
the application and an opportunity for a hearing was published in the 
Federal Register on, February 25, 2009 (74 FR 8587). No hearing 
requests or written comments were received. The June 8, 2009, 
supplement, which was not identified in the Federal Register notice, 
provided a revision to Chapter 9 of the Safety Analysis Report. The 
revision delineates a full construction/operating organization, pending 
a decision by DOE to proceed with the deployment of the ISF Facility 
ISFSI. This revision to the organizational description has been 
determined to be administrative in nature and not to present any safety 
    The Commission's approval of this direct transfer of SNM-2512, and 
any related, conforming license amendments to SNM-2512, are 
categorically excluded from further environmental review, pursuant to 
10 CFR 51.22(c)(21).
    Under 10 CFR 72.50, no license nor any part included in a license 
issued under 10 CFR part 72 for an ISFSI shall be transferred, 
assigned, or in any manner disposed of, either voluntarily or 
involuntarily, directly or indirectly, through transfer of control of 
the license to any person, unless the Commission gives its consent in 
writing. Upon review of the information submitted in the application 
and other information before the Commission, the NRC staff has 
determined that the direct transfer of control of SNM-2512, as 
described above, is consistent with applicable provisions of the law, 
and the regulations and orders issued by the Commission. These findings 
are supported by a Safety Evaluation dated July 17, 2009 (ADAMS No. 


    Accordingly, pursuant to sections 161b, 161i, and 184 of the AEA, 
42 USC 2201(b), 2201(i), and 2234, and 10 CFR 72.50, the Commission 
gives notice that it has issued an order (Order) approving DOE's 
application dated May 30, 2008, as supplemented by letter dated June 8, 
2009, for the direct transfer of SNM-2512 from FWENC to DOE, and for 
conforming license amendments.
    The Order is effective upon issuance.
    For further details, see the application dated May 30, 2008, as 
supplemented by letter dated June 8, 2009; the safety evaluation 
report; and the Order (ADAMS Nos. ML081630246, ML091660593, 
ML091940481, and ML091940453, respectively). These documents are 
available for public inspection at the Commission's Public Document 
Room (PDR), located at One White Flint North, Public File Area O1 F21, 
11555 Rockville Pike (first floor), Rockville, Maryland, and accessible 
electronically from the ADAMS Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS, or who encounter problems in 
accessing the documents located in ADAMS, should contact the NRC PDR 
Reference staff, by telephone, at 1-800-397-4209, 301-415-4737, or, by 
e-mail, to [email protected].

    Dated at Rockville, Maryland, this 17th day of July 2009.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E9-17901 Filed 7-27-09; 8:45 am]