[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Notices]
[Pages 50004-50006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19630]
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DEPARTMENT OF ENERGY
Revised Record of Decision for the Environmental Impact Statement
on a Proposed Nuclear Weapons Nonproliferation Policy Concerning
Foreign Research Reactor Spent Nuclear Fuel
AGENCY: National Nuclear Security Administration, Department of Energy.
ACTION: Revised Record of Decision.
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[[Page 50005]]
SUMMARY: The Department of Energy (DOE) is further revising \1\ the
Record of Decision (61 FR 25092; May 17, 1996) on the Environmental
Impact Statement on a Proposed Nuclear Weapons Nonproliferation Policy
Concerning Foreign Research Reactor Spent Nuclear Fuel (DOE/EIS-218,
February 1996), to allow the United States to take title to spent
nuclear fuel and target material from foreign research reactors located
in countries of any income at locations other than the port of entry
into the United States.
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\1\ The Record of Decision was previously revised three times:
July 25, 1996 (61 FR 38720); July 19, 2000 (65 FR 44767); and
December 1, 2004 (69 FR 69901).
FOR FURTHER INFORMATION CONTACT: For further information on DOE's
Foreign Research Reactor Spent Nuclear Fuel Acceptance Program or this
Revised Record of Decision, contact: Mr. Andrew Bieniawski, Assistant
Deputy Administrator for Defense Nonproliferation, Office of Global
Threat Reduction (NA-21), U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585, Attn: 955 L'Enfant, 202-586-9215.
For information on DOE's National Environmental Policy Act (NEPA)
process, contact: Ms. Carol M. Borgstrom, Director, Office of NEPA
Policy and Compliance (GC-20), U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-4600, or
leave a message at (800) 472-2756.
SUPPLEMENTARY INFORMATION:
Background
DOE, with the Department of State as a cooperating agency, issued
the Environmental Impact Statement on a Proposed Nuclear Weapons
Nonproliferation Policy Concerning Foreign Research Reactor Spent
Nuclear Fuel (FRR SNF EIS, DOE/EIS-218) in February 1996. The Record of
Decision was issued on May 13, 1996, and was published in the Federal
Register on May 17, 1996 (61 FR 25092). In the FRR SNF EIS, DOE and the
Department of State considered the potential impacts of a proposed
policy to manage U.S.-origin spent nuclear fuel and target material
from foreign research reactors. After consideration of public comments
submitted on the Draft and Final EIS, DOE, in consultation with the
Department of State, decided to implement the proposed policy as
identified in the Preferred Alternative contained in the Final EIS,
subject to additional stipulations specified in Section VII of the
Record of Decision. The Record of Decision stated, ``DOE would take
title to the foreign research reactor spent nuclear fuel and target
material that is shipped by sea after it is unloaded from the ship at
the port of entry * * * '' In its initial decision, DOE announced that
eligible spent fuel that is irradiated and discharged from reactors
before May 13, 2006, is eligible for acceptance through May 12, 2009.
DOE later extended the program for an additional 10 years, until May
12, 2016, for irradiation of eligible fuel, and until May 12, 2019, for
fuel acceptance (69 FR 69901; December 1, 2004).
DOE subsequently determined that the need may arise during
implementation of the policy for the United States to take title to
spent nuclear fuel and target material from foreign research reactors
located in countries with other-than-high-income economies at locations
other than the port of entry into the United States. Foreign
governments had raised a concern in cases where transportation casks
from multiple countries were on a single vessel regarding who would be
liable for any potential damage when spent fuel from one country is in
the territory of another during the shipment. DOE was informed that
shipowners willing to transport spent nuclear fuel from these countries
without coverage under the Price-Anderson Act had not been identified.
After determining that the point at which title to the spent nuclear
fuel and target material transfers from the reactor operator to the
United States had no effect on the physical processes that would take
place under the acceptance policy, and thus would not have any effect
on the potential impacts to the environment, workers, or the public,
DOE issued its Revision to the Record of Decision (61 FR 38720; July
25, 1996) to allow DOE to take title to spent nuclear fuel and target
material from foreign research reactors located in countries with
other-than-high-income economies, as defined in the Final EIS, at
locations other than the port of entry into the United States. This
revised policy did not extend to reactors in countries with high-income
economies, since reactor operators in these countries, at that time,
were able to provide sufficient liability insurance for transporting
their own spent nuclear fuel to the United States.
Reason for the Revision
Recently, the need has arisen during implementation of the policy
for the United States also to take title to spent nuclear fuel and
target material from foreign research reactors located in countries
with high-income economies at locations other than the port of entry
into the United States.
Nuclear insurance pools covering individual reactor operators in
countries with high-income economies have begun to require additional
coverage. This rise in premiums affects, in particular, some smaller
foreign research reactors in high-income economy countries that are in
many cases operated by educational and research institutions that do
not have the funding to pay for additional coverage, estimated to cost
approximately $50,000 per shipping participant. Since some smaller
foreign research reactors would have significant difficulties obtaining
additional funding, they could decide not to participate at all in
future shipments. One reactor in a high-income economy country recently
refused to participate in a shipment without reimbursement of
additional insurance costs.
DOE anticipates that liability insurance costs will continue to
increase in the coming years for reactors in countries of all incomes.
If research reactors in high-income economy countries are increasingly
unable to participate in shipments due to lack of liability insurance,
the program's nonproliferation goal of repatriating U.S.-origin highly
enriched uranium would be jeopardized.
DOE's experience since 1996 in taking title to material from
reactors in other-than-high-income economy countries has confirmed that
the point at which title to the spent nuclear fuel and target material
transfers from the reactor operator to the United States has no effect
on the physical processes that take place under the acceptance policy.
There are, for example, no changes in the applicable requirements or
handling practices that ensure worker and public safety and
environmental protection. Thus, the location of title change does not
have any effect on the potential impacts to the environment.
Therefore, in place of the current policy that allows DOE to take
title to spent nuclear fuel or target material at a location other than
the U.S. port of entry only from foreign research reactors in other-
than-high-income-economy countries, DOE is herein revising the Record
of Decision to allow the title transfer location for spent nuclear fuel
or target material from reactors located in countries of any income to
be determined on a case-by-case basis by DOE, and the terms and
conditions of the title transfer to be specified in DOE's individual
contracts with the reactor operators. As with the policy in the prior
Revised Record of Decision (61 FR 38720; July 25, 1996), title could
[[Page 50006]]
transfer as early as the departure of the loaded cask from the reactor
site or at the foreign port-of-origin, or as late as entry into the
United States.
Decision
For the reasons set forth above, Section VII (``Decision'') of the
Record of Decision (61 FR 25092; May 17, 1996) as previously revised
(61 FR 38720; July 25, 1996) is further revised by replacing the
current Paragraph E with a new Paragraph E to read as follows:
E. The United States may take title to the spent nuclear fuel
and target material of research reactors from countries of any
income at a location other than the port of entry into the United
States. On a case-by-case basis, the United States will determine
whether it is in its best interests, with regard to the execution of
this policy, to take title to certain spent nuclear fuel and target
material before it reaches the port of entry into the United States.
The title transfer location will be specified in the contract with
the affected reactor operator. In implementing this policy, the
Administrator for the National Nuclear Security Administration must
make, on a case-by-case basis, any decision to accept title to
foreign research reactor spent nuclear fuel outside the United
States. The authority to make this decision cannot be delegated.
In addition, Section IX (``Basis for the Decision''), Paragraph G
(``Title Transfer Location'') of the Record of Decision is revised to
read as follows:
G. Title Transfer Location--The alternative points at which DOE
might take title to the spent nuclear fuel and target material are
discussed in Sections 2.2.1.4 and 2.2.2.4 of the Final EIS. The
point at which title will be transferred has no effect on the
physical processes that would take place, and thus will not have any
effect on the impacts on the environment, workers, or the public.
However, the point of title transfer does affect financial
responsibility for risks associated with the shipments.
Under United States law, the Price-Anderson Act would provide
indemnification coverage for spent nuclear fuel and target material
shipments from foreign research reactors upon entry of material into
the United States regardless of when title is transferred to the United
States. However, Price-Anderson coverage outside U.S. territory is
provided only if the material is owned by, and used by, or under
contract with the United States. For countries with other-than-high-
income economies, DOE has provided Price-Anderson Act coverage on a
case-by-case basis per the Revised Record of Decision issued in 1996
(61 FR 38720; July 25, 1996). Recently, reactor operators in countries
with high-income economies have been unable to afford nuclear liability
insurance due to increasing costs.
The approach for transfer of title discussed in Section VII.E.
permits DOE to take title to spent fuel at locations other than the
U.S. port of entry, regardless of the income status of the country
repatriating the spent fuel or target material to the United States.
This policy revision allows DOE, on a case-by-case basis, to extend
Price-Anderson Act coverage and assume financial responsibility for
shipments from the point at which DOE takes title. This removes the
need for reactors for whom sufficient liability insurance is
unaffordable to purchase such insurance for shipment to the U.S. port
of entry. This provision will provide a mechanism whereby liability
coverage can be provided for segments of the transportation process
that the reactor operators are unable themselves to provide. In
implementing this policy, the Administrator for the National Nuclear
Security Administration must make, on a case-by-case basis, any
decision to accept title to foreign research reactor spent nuclear fuel
outside the United States. The authority to make this decision cannot
be delegated.
The revision of the Record of Decision set forth in this Notice
complies with the requirements of the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR
Parts 1500-1508 and 10 CFR Part 1021. Because there are no
environmental impacts associated with changing the title transfer
location, no further environmental review is required under the
National Environmental Policy Act or Executive Order 12114 (January 4,
1979) in order to effectuate the revision.
Issued in Washington, DC, on August 13, 2008.
Thomas P. D'Agostino,
Under Secretary for Nuclear Security and Administrator, National
Nuclear Security Administration.
[FR Doc. E8-19630 Filed 8-22-08; 8:45 am]
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