[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Notices]
[Page 58726-58727]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-150]
[[Page 58726]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-26]
Pacific Gas and Electric Company; Issuance of Environmental
Assessment and Finding of No Significant Impact Regarding a Proposed
Exemption
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an exemption, pursuant to 10 CFR 72.7, from the
provisions of 10 CFR 72.72(d) to Pacific Gas and Electric Company (PG&E
or applicant). The requested exemption would allow PG&E to maintain a
single set of spent fuel, high-level radioactive waste, and reactor-
related Greater than Class C (GTCC) waste records in accordance with
the requirements of its NRC-approved Quality Assurance program, which
satisfies the criteria of 10 CFR part 50, appendix B, for the
Independent Spent Fuel Storage Installation (ISFSI) at the Diablo
Canyon Power Plant (DCPP) in San Luis Obispo County, California.
Environmental Assessment (EA)
Identification of Proposed Action: In its application for an ISFSI
license, submitted on December 21, 2001, PG&E requested an exemption
from the requirement in 10 CFR 72.72(d); which states in part that,
``Records of spent fuel, high-level radioactive waste, and reactor-
related GTCC waste containing special nuclear material meeting the
requirements in paragraph (a) of this section must be kept in
duplicate. The duplicate set of records must be kept at a separate
location sufficiently remote from the original records that a single
event would not destroy both sets of records.''
The proposed action before the Commission is whether to grant this
exemption pursuant to 10 CFR 72.7.
Need for the Proposed Action: The applicant stated that ISFSI
spent-fuel, high-level radioactive waste, and reactor-related GTCC
waste records will be maintained in a manner consistent with the
records of the DCPP, which are stored in accordance with the NRC-
approved Quality Assurance (QA) program. The approved QA program for
the DCPP complies with the requirements established in 10 CFR part 50,
appendix B, which incorporates by reference the specific recordkeeping
requirements in 10 CFR 50.71(d)(1). PG&E did not request exemption from
the records retention period requirements of 10 CFR 72.72(d). The
applicant seeks to provide consistency in recordkeeping practices for
the records related to the proposed DCPP ISFSI and those records
currently maintained under the DCPP QA program. The exemption would
also preclude the need for PG&E to construct and operate a separate,
second records storage facility to store a duplicate set of spent fuel,
high-level radioactive waste, and reactor-related GTCC waste records.
In its exemption request, PG&E indicated that the NRC-approved QA
program for the DCPP meets the provisions of ANSI N45.2.9-1974. The
requirements in ANSI N45.2.9-1974 have been endorsed by the NRC as an
acceptable method of satisfying the recordkeeping requirements of 10
CFR part 50, appendix B, which states, in part, that ``[c]onsistent
with applicable regulatory requirements [including 10 CFR 50.71(d)(1)],
the applicant shall establish requirements concerning record retention,
such as duration, location, and assigned responsibility.'' Further
requirements for the maintenance of nuclear power plant records are
provided in 10 CFR 50.71(d)(1), which states, in part, that, ``The
licensee shall maintain adequate safeguards against tampering with and
loss of records.'' ANSI N.45.2.9-1974 also satisfies the requirements
of 10 CFR 72.72 by providing for adequate maintenance of records
regarding the identity and history of the spent fuel in storage. Such
records would be subject to and need to be protected from the same
types of degradation mechanisms or loss as nuclear power plant Quality
Assurance records.
Environmental Impacts of the Proposed Action: An exemption from the
requirement to store a duplicate set of ISFSI records at a separate
location has no impact on the environment. Storage of records does not
change the methods by which spent fuel will be handled and stored at
the DCPP ISFSI and does not change the amount of effluents,
radiological or non-radiological, associated with the ISFSI.
Alternative 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 Consulted: On August 12, 2003, Ms. Barbara
Byron, Nuclear Policy Advisor for the California Energy Commission, was
contacted regarding the environmental assessment for the proposed
action and had no comments. The NRC staff has determined that a
consultation under Section 7 of the Endangered Species Act is not
required because the proposed action is administrative/procedural in
nature and will not affect listed species or critical habitat. The NRC
staff has also determined that the proposed action is not a type of
activity having the potential to cause effects on historic properties
because it is an administrative/procedural action. Therefore, no
further consultation is required under Section 106 of the National
Historic Preservation Act.
Finding of No Significant Impact
The environmental impacts of the proposed action have been reviewed
in accordance with the requirements set forth in 10 CFR part 51. Based
upon the foregoing EA, the Commission finds that the proposed action of
granting the exemption from 10 CFR 72.72(d), so that PG&E may store
spent fuel records for the proposed ISFSI in a single records storage
facility, in accordance with its NRC-approved Quality Assurance program
(which satisfies the criteria of 10 CFR part 50, appendix B, and 10 CFR
50.71(d)(1)), will not significantly impact the quality of the human
environment. Accordingly, the Commission has determined that a Finding
of No Significant Impact is appropriate, and that an environmental
impact statement for the proposed exemption is not necessary.
For further details with respect to this exemption request, see the
PG&E ISFSI license application, and the accompanying Safety Analysis
Report, dated December 21, 2001. The request for exemption was docketed
under 10 CFR part 72, Docket No. 72-26. These documents are available
for public inspection at the Commission's Public Document Room, One
White Flint North Building, 11555 Rockville Pike, Rockville, MD, or
from the publicly available records component of NRC's Agencywide
Documents Access and Management System (ADAMS). These documents may be
accessed through the NRC's Public Electronic Reading Room on the
Internet at http://www.nrc.gov/reading-rm/adams.html. If there are
problems in accessing the documents located in ADAMS, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail at pdr@nrc.gov.
Dated at Rockville, Maryland, this 2nd day of October, 2003.
[[Page 58727]]
For the Nuclear Regulatory Commission.
James R. Hall,
Senior Project Manager, Spent Fuel Project Office, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 03-25746 Filed 10-9-03; 8:45 am]
BILLING CODE 7590-01-P