[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Notices]
[Page 20867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9160]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 050-16; NRC-2010-0159]


DTE Energy; Enrico Fermi Atomic Power Plant, Unit 1

    Environmental Assessment and Finding of No Significant Impact for 
an Exemption From Certain Control and Tracking Requirements in 10 CFR 
Part 20 Appendix G Section III.E
    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an exemption from certain control and tracking requirements 
in 10 CFR Part 20 Appendix G Section III.E for Facility Operating 
License No. DPR-9 issued to DTE Energy (DTE or the licensee), for the 
Enrico Fermi Atomic Power Plant Unit 1, (Fermi-1) located in Monroe 
County, Michigan.

Environmental Assessment

Identification of Proposed Action

    The proposed action is in accordance with the licensee's 
application for an exemption dated November 13, 2009. The licensee has 
requested an exemption from certain control and tracking requirements 
in 10 CFR Part 20 Appendix G Section III.E, which require the licensee 
to investigate, and file a report with the NRC, if shipments of low-
level radioactive waste are not acknowledged by the intended recipient 
within 20 days after transfer to the shipper.
    The proposed action would grant an exemption to extend the time 
period that can elapse during shipments of low-level radioactive waste 
before the licensee is required to investigate and file a report with 
the NRC. Specifically, the exemption would extend the time period for 
the licensee to receive acknowledgment that the low-level radioactive 
waste shipment has been received by the intended recipient from 20 days 
to 35 days.

The Need for the Proposed Action

    DTE is in the process of decommissioning Fermi-1. During the 
decommissioning process, large volumes of slightly contaminated debris 
are generated and require disposal. DTE transports low-level 
radioactive waste from Fermi-1 to distant locations such as a waste 
disposal facility operated by Energy Solutions in Clive, Utah.
    The licensee's request to extend the 20-day investigation and 
reporting requirements for shipments of low-level radioactive waste to 
35 days is based on historical data derived from recent shipments from 
Fermi-1. That experience indicates that rail or mixed mode truck/rail 
transportation times to waste disposal facilities consistently exceeded 
the 20-day reporting requirement. A review of the data indicates that 
transportation time for shipments by rail or truck/rail took over 20 
days on average and, on occasion, took up to 34 days to receive the 
manifest confirming shipment. Shipping from Fermi-1 is expected to 
continue to be either by rail or a combination of truck/rail shipments, 
as larger and bulkier components are planned for shipment. The use of 
rail is expected to continue to result in shipping delays that exceed 
the 20 day reporting time for shipments from Fermi-1.
    The licensee believes, and the staff agrees, that the need to 
investigate, trace, and report to the NRC on the shipment of low-level 
waste packages not reaching their destination within 20 days does not 
serve the underlying purpose of the rule. Therefore, the NRC staff 
finds that granting an exemption to extend the time period from 20 days 
to 35 days for mixed-mode or truck/rail or rail shipments of low-level 
radioactive waste will not result in an undue hazard to life or 
property.

Environmental Impacts of the Proposed Action

    The NRC has reviewed the licensee's proposed exemption request and 
concluded that the proposed exemption is procedural and administrative 
in nature.
    The proposed action will not significantly increase the probability 
or consequences of accidents, no changes are being made in the types of 
any effluents that may be released offsite, and there is no significant 
increase in occupational or public radiation exposure. Therefore, there 
are no significant radiological environmental impacts associated with 
the proposed action.
    With regard to potential nonradiological impacts, the proposed 
action does not involve any historic sites. It does not affect 
nonradiological plant effluents and has no other environmental impact. 
Therefore, there are no significant nonradiological environmental 
impacts associated with the proposed action.
    Accordingly, the NRC concludes that there are no significant 
environmental impacts associated with the proposed action.

Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
Denial of the application would result in no change in current 
environmental impacts. The environmental impacts of the proposed action 
and the alternative action are similar.

Agencies and Persons Contacted

    In accordance with NRC policy, on March 23, 2010, NRC staff 
consulted with a representative from the Michigan Department of Natural 
Resources and the Environment, Radiological Protection and Medical 
Waste Section, regarding the environmental impact of the proposed 
action. The state official had no comments.

Finding of No Significant Impact

    On the basis of the environmental assessment, the NRC concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the NRC has determined 
not to prepare an environmental impact statement for the proposed 
action.

    Dated at Rockville, Maryland, this 14th day of April 2010.

    For the U.S. Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2010-9160 Filed 4-20-10; 8:45 am]
BILLING CODE 7590-01-P