[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63425-63426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24950]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-201; NRC-2021-0175]


New York State Energy Research and Development Authority; 
Irradiated Nuclear Fuel Processing Plant; Western New York Nuclear 
Service Center

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an

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amendment to Facility Provisional Operating License No. CSF-1, issued 
to New York State Energy Research and Development Authority (NYSERDA), 
the licensee, for the provisional operation of the Irradiated Nuclear 
Fuel Processing Plant located at the Western New York Nuclear Service 
Center (WNYNSC), in Cattaraugus and Erie Counties, New York. The 
provisional operating license was amended to update the Radiation 
Protection Program for the Retained Premises of the Licensed Area for 
``modernization'' and as requested by the licensee, to clarify the 
licensee's health and safety responsibilities as the sole licensee.

DATES: The amendment was issued on November 5, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0175 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0175. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced is provided the first time that it is mentioned in 
this document.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's Public Document Room (PDR), 
Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852. To make an appointment to visit the PDR, please send an 
email to [email protected] or call 1-800-397-4209 or 301-415-4737, 
between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Amy Snyder, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone: 301-415-6822, email: [email protected].

SUPPLEMENTARY INFORMATION: The NRC has issued Amendment No. 33 to 
Facility Provisional Operating License No. CSF-1, issued to NYSERDA 
(the license), which revised the Provisional Operating License for the 
WNYSC, Irradiated Nuclear Fuel Processing Plant (the facility), located 
in Cattaraugus and Erie Counties, New York. The amendment and related 
documents are listed in the Safety Evaluation enclosed with the 
amendment (ADAMS Access No. ML21245A246). The amendment was effective 
as of the date of its issuance.
    The NRC has issued an amendment to Facility Provisional Operating 
License No. CSF-1. The amendment updates the Radiation Protection 
Program for the ``retained premises of the licensed area'' for 
modernization. In addition, as requested by the licensee, the license 
is amended to clarify the NYSERDA's, the sole licensee, health and 
safety and other responsibilities under the license. NYSERDA defines 
the ``retained premises of the licensed area'' as the area consisting 
of the WNYNSC, not including the U.S. Department of Energy (DOE) West 
Valley Demonstration Project (WVDP) premises and the State Licensed 
Disposal Area. Although portions of the site are actively being 
decommissioned by DOE under the West Valley Demonstration Project Act, 
42 U.S.C. 2021a note, Public Law 96-868, 94 Stat. 1347 (1980) (WVDPA), 
NYSERDA retains responsibility for the portions of the site known as 
the ``retained premises.''
    The application for the amendment complies with the standards and 
requirements of the Atomic Energy Act of 1954, as amended (the Act), 
and the Commission's rules and regulations. The Commission has made 
appropriate findings as required by the Act and the Commission's rules 
and regulations in Chapter I of title 10 of the Code of Federal 
Regulations (10 CFR), which are set forth in the license amendment.
    A notice of consideration of issuance of amendment and proposed no 
significant hazards consideration determination and opportunity for 
hearing in connection with this action was published in the Federal 
Register on March 10, 2021 (86 FR 13762). No request for a hearing or 
petition for leave to intervene was filed.
    Under its regulations, the Commission may issue and make an 
amendment immediately effective, where it has determined that no 
significant hazards consideration is involved. The Commission has 
applied the standards of 10 CFR 50.92 and has made a final 
determination that the amendment involves no significant hazards 
consideration. The basis for this determination is contained in the 
Safety Evaluation related to this action. Accordingly, as previously 
described, the amendment has been issued and made immediately 
effective.
    The Commission prepared an environmental assessment (86 FR 60919), 
published on November 4, 2021, related to the action and has concluded 
that an environmental impact statement is not warranted because there 
will be no environmental impact attributable to the action beyond that 
which has been predicted and described in the Commission's final 
environmental statement for the facility dated November 1, 2021 
(ML21245A012).
    For further details with respect to this action, see the 
application for amendment dated March 11, 2020 (ML20076C310), as 
supplemented by letters dated October 28, 2020 (ML20311A200), July 15, 
2021 (ML21202A212), September 10, 2021 (ADAMS Package Accession No. 
ML21281A019), and email dated October 12, 2021 (ML21286A001).

    Dated: November 10, 2021.

    For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief,Reactor Decommissioning Branch,Decommissioning, Uranium Recovery, 
andWaste Programs,Office of Nuclear Material Safety andSafeguards.
[FR Doc. 2021-24950 Filed 11-15-21; 8:45 am]
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