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Federal Register / Vol. 73, No.

55 / Thursday, March 20, 2008 / Notices 15011

Information about the proposed EIS NUCLEAR REGULATORY licensee to delay the submittal of the
and the scoping process may be COMMISSION updated FSAR for the Diablo Canyon
obtained from Ms. Linda M. Tello, ISFSI by up to approximately 100 days
[Docket No. 72–26]
Environmental Project Manager at (301) (no later than July 1, 2008, or 30 days
415–2907 or by email at LMT2@nrc.gov. Notice of Availability of Environmental prior to the commencement of onsite
Assessment and Final Finding of No dry-run testing activities, whichever
Dated at Rockville, Maryland, this 14th day comes first).
of March 2008. Significant Impact for an Exemption to
The proposed action before the
For the Nuclear Regulatory Commission. the Requirements of 10 CFR 72.70(c)(6)
Commission is whether to grant this
for the Diablo Canyon Independent
John R. Tappert, exemption pursuant to 10 CFR 72.7.
Spent Fuel Storage Installation
Acting Deputy Director, Division of Site and Need for the Proposed Action
Environmental Reviews, Office of New AGENCY: Nuclear Regulatory
Reactors. Commission. The NRC granted a license to
[FR Doc. E8–5644 Filed 3–19–08; 8:45 am] ACTION: Issuance of Environmental
construct and operate the Diablo
Assessment and Final Finding of No Canyon ISFSI to PG&E on March 22,
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Significant Impact for Exemption. 2004. PG&E has constructed the facility
and plans to commence operation in the
FOR FURTHER INFORMATION CONTACT: summer of 2008. The exemption would
NUCLEAR REGULATORY allow the licensee additional time to
COMMISSION James R. Hall, Senior Project Manager,
Licensing Branch, Division of Spent submit an updated FSAR beyond March
Fuel Storage and Transportation, Mail 22, 2008, which is 24 months from the
[Docket No. 50–271–LR; ASLBP No. 06– date of the last required update. In its
Stop EBB–3D–02M, U.S. Nuclear
849–03–LR] justification for the exemption request,
Regulatory Commission, Washington,
DC 20555–0001. Telephone: (301) 492– PG&E stated that it is currently
Entergy Nuclear Vermont Yankee, completing certain design changes to
L.L.C., and Entergy Nuclear 3319; e-mail: jrh@nrc.gov.
the facility that will impact the
Operations, INC. (Vermont Yankee SUPPLEMENTARY INFORMATION:
information in the FSAR, and that these
Nuclear Power Station); Notice of I. Introduction changes will be reflected in the FSAR
Reconstitution update, after the required evaluations
The U.S. Nuclear Regulatory
Commission (NRC) is considering are finalized. Further, if the exemption
Pursuant to 10 CFR 2.321(b), the is granted, the extra time provided will
issuance of an exemption, pursuant to
Atomic Safety and Licensing Board in be sufficient to ensure that the updated
10 CFR 72.7, from the provisions of 10
the above captioned Entergy Nuclear FSAR will contain current and accurate
CFR 72.70 to the Pacific Gas and
Vermont Yankee, L.L.C., and Entergy information related to the ISFSI design,
Electric Company (PG&E, or the
Nuclear Operations, Inc. proceeding is analysis and operation, in time for
licensee). This regulation requires that
hereby reconstituted by appointing planned NRC inspection activities. In
each specific licensee under 10 CFR part
Administrative Judge William H. Reed order to ensure that the information in
72 shall update periodically the final
in place of Administrative Judge the updated FSAR contains the latest
safety analysis report (FSAR) to assure
Thomas S. Elleman, whose information developed and is of the
that the information included in the
circumstances have rendered him greatest value to its users, the licensee
report contains the latest information
unavailable to participate further in this has requested the subject exemption.
developed. 10 CFR 72.70(c)(6) requires
proceeding (10 CFR 2.313(c)). that updates shall be filed every 24 Environmental Impacts of the Proposed
In accordance with 10 CFR 2.302, months from the date of issuance of the Action
henceforth all correspondence, license. The NRC staff previously evaluated
documents, and other material relating The NRC granted a license for the the environmental impacts resulting
to any matter in this proceeding over Diablo Canyon Independent Spent Fuel from the construction, operation and
which this Licensing Board has Storage Installation (ISFSI), to be decommissioning of the Diablo Canyon
located on the site of the Diablo Canyon ISFSI, and determined that such
jurisdiction should be e-mailed to
Power Plant, to PG&E on March 22, impacts would be acceptably small. The
Administrative Judge Reed at
2004. The requested exemption would staff’s conclusions are documented in
whrcville@embarqmail.com and served
allow PG&E to submit an updated FSAR the ‘‘Environmental Assessment and
on him as follows: Administrative Judge for the Diablo Canyon ISFSI no later
William H. Reed,1819 Edgewood Lane, Finding of No Significant Impact
than July 1, 2008, or no later than 30 Related to the Construction and
Charlottesville, VA 22902. days prior to the commencement of Operation of the Diablo Canyon
Issued at Rockville, Maryland, this 14th onsite dry-run testing activities, Independent Spent Fuel Storage
day of March 2008. whichever occurs first. PG&E submitted Installation,’’ issued on October 24,
E. Roy Hawkens, the exemption request on January 22, 2003 (October 24, 2003 EA); and in the
Chief Administrative Judge, Atomic Safety 2008. ‘‘Supplement to the Environmental
and Licensing Board Panel. II. Environmental Assessment Assessment and Final Finding of No
[FR Doc. E8–5642 Filed 3–19–08; 8:45 am] Significant Impact Related to the
Identification of Proposed Action Construction and Operation of the
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The licensee requested an exemption Diablo Canyon Independent Spent Fuel
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from the requirement in 10 CFR Storage Installation,’’ dated August 30,


72.70(c)(6), which states that each 2007 (Supplement). The proposed
licensee shall submit an updated FSAR action under consideration would not
to the NRC every 24 months from the change the staff’s previous conclusions
date of issuance of the license. The in the October 24, 2003 EA and the
requested exemption would allow the Supplement regarding environmental

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15012 Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

impacts because the proposed 72.70(c)(6), so that PG&E may delay the allows operation at an increased power
exemption is an administrative action submittal of the updated FSAR for the level not in excess of 1,250 kilowatts
that will not affect the physical design Diablo Canyon ISFSI, will not have a (thermal), and will expire twenty years
or operation of the Diablo Canyon ISFSI. significant effect on the quality of the from its effective date.
Therefore, there are no radiological or human environment. Accordingly, The renewed license complies with
non-radiological impacts from a one- pursuant to 10 CFR 50.31 and 51.119(a), the standards and requirements of the
time delay in submitting the updated the NRC has determined that a Final Atomic Energy Act of 1954, as amended
FSAR, and the staff finds that the Finding of No Significant Impact is (the Act), and the Commission’s rules
proposed exemption will not have any appropriate, and that an environmental and regulations. The Commission has
significant environmental impact. impact statement for the proposed made appropriate findings as required
exemption is not necessary. by the Act and the Commission’s
Environmental Impacts of the regulations in 10 CFR Chapter I. Those
Alternative to the Proposed Action IV. Further Information findings are set forth in the license
As an alternative to the proposed PG&E’s application for exemption is renewal. Opportunity for hearing was
action, the staff considered denial of the available electronically at the NRC’s afforded in the notice of the proposed
proposed action (i.e., the ‘‘no-action’’ Electronic Reading Room at http:// issuance of this renewal in the Federal
alternative). Approval or denial of the www.nrc.gov/reading-rm/adams.html. Register on October 6, 2005 (70 FR
exemption request would result in no From this site, you can access the NRC’s 58487) and on August 2, 2006 (71 FR
change in the environmental impacts Agencywide Document Access and 43816). No request for a hearing or
described in the October 24, 2003 EA Management System (ADAMS), which petition for leave to intervene was filed
and its Supplement. Therefore, the provides text and image files of NRC’s following notice of the proposed action.
environmental impacts of the proposed public documents. The ADAMS Continued operation of the reactor
action and the alternative action are Accession number for the exemption will not require alteration of buildings
similar. request is ML080290634. or structures, will not lead to significant
If you do not have access to ADAMS, changes in effluents released from the
Conclusion or if there are problems in accessing the facility to the environment, will not
The staff has reviewed the exemption documents located in ADAMS, contact increase the probability or consequences
request submitted by PG&E and has the NRC Public Document Room (PDR) of accidents, and will not involve any
determined that allowing the licensee to Reference staff at 1–800–397–4209, 301– unresolved issues concerning
delay the submittal of the updated Final 415–4737, or by e-mail to pdr@nrc.gov. alternative uses of available resources.
Safety Analysis Report for the Diablo These documents may also be viewed Based on the foregoing and on the
Canyon ISFSI by no more than electronically on the public computers Environmental Assessment, the
approximately 100 days beyond the date located at the NRC’s PDR, O–1F21, One Commission concludes that renewal of
required by 10 CFR 72.70(c)(6) is an White Flint North, 11555 Rockville the license and power increase will not
administrative change, and would have Pike, Rockville, MD 20852. The PDR results in any significant environmental
no significant effect on the human reproduction contractor will copy impacts.
environment. documents for a fee. The Commission has prepared a
Dated at Rockville, Maryland, this 14th day ‘‘Safety Evaluation Report Related to the
Agencies and Persons Consulted Renewal of the Facility License for the
of March, 2008.
On March 10, 2008, Ms. Barbara For the Nuclear Regulatory Commission. TRIGA Research Reactor at the Kansas
Byron of the California Energy James R. Hall, State University’’ for the renewal of
Commission was contacted regarding Facility License No. R–88 and has,
Senior Project Manager, Licensing Branch,
the environmental assessment for the Division of Spent Fuel Storage and based on that evaluation, concluded that
proposed exemption and Ms. Byron had Transportation, Office of Nuclear Material the facility can continue to be operated
no comments. The NRC staff has Safety and Safeguards. by the licensee without endangering the
determined that the proposed action is [FR Doc. E8–5649 Filed 3–19–08; 8:45 am] health and safety of the public.
solely of a procedural nature and will The Commission also prepared an
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not affect listed species or critical Environmental Assessment which was
habitat. Therefore, no consultation is published in the Federal Register on
required under Section 7 of the NUCLEAR REGULATORY February 26, 2008 (73 FR 10308) for the
Endangered Species Act. The NRC staff COMMISSION renewal of Facility License No. R–88
has also determined that the proposed and has concluded that this action will
[Docket No. 50–188] not have a significant effect on the
action is not the type of activity that has
the potential to cause effects on historic quality of the human environment.
Notice of Renewal of Facility License For further details with respect to this
properties, assuming such historic No. R–88; Kansas State University
properties were present at the Diablo action, see: (1) The application for
TRIGA Research Reactor amendment dated September 12, 2002,
Canyon ISFSI. Therefore, no
consultation is required under Section The U.S. Nuclear Regulatory as supplemented on November 11, 2002,
106 of the National Historic Commission (the Commission) has November 13, 2002, December 21, 2004,
Preservation Act. issued renewed Facility License No. R– July 6, 2005, September 27, 2005, March
88 for the Kansas State University (the 20, 2006, March 30, 2006, June 28, 2006,
III. Finding of No Significant Impact licensee), for operation of the Kansas September 28, 2006, May 17, 2007, and
The environmental impacts of the State University TRIGA Research June 4, 2007, September 12, 2007,
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proposed action have been reviewed in Reactor Facility located in Manhattan, October 11, 2007, and February 6, 2008;
accordance with the requirements set Kansas. (2) Renewal of Facility License No. R–
forth in 10 CFR part 51. Based upon the The facility is a research reactor that 88; (3) the related Safety Evaluation
foregoing environmental assessment, the has been operating at a power level not Report; and (4) the Environmental
NRC finds that the proposed action of in excess of 250 kilowatts (thermal). The Assessment dated February 20, 2008.
granting the exemption from 10 CFR renewed Facility License No. R–88 Documents may be examined, and/or

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