[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Notices]
[Pages 38720-38721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18943]
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DEPARTMENT OF ENERGY
Revision to the Record of Decision for the Final Environmental
Impact Statement on a Proposed Nuclear Weapons Nonproliferation Policy
Concerning Foreign Research Reactor Spent Nuclear Fuel
AGENCY: Department of Energy.
ACTION: Revision to Record of Decision.
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SUMMARY: The Department of Energy (DOE), pursuant to 10 CFR
Sec. 1021.315, and in consultation with the Department of State, is
revising the Record of Decision issued on May 13, 1996 (61 Fed. Reg.
25092) on the Final Environmental Impact Statement on a Proposed
Nuclear Weapons Nonproliferation Policy Concerning Foreign Research
Reactor Spent Nuclear Fuel (the Final EIS, DOE/EIS-218F of February
1996), to allow 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, as defined in the Final EIS, at
locations other than the port of entry into the United States.
EFFECTIVE DATE: The revision to the Record of Decision is effective
July 22, 1996.
FOR FURTHER INFORMATION CONTACT: For further information on the DOE
program for the management of foreign research reactor spent nuclear
fuel or the Record of Decision, contact: Mr. David G. Huizenga,
Associate Deputy Assistant Secretary for Nuclear Material and Facility
Stabilization, Office of Environmental Management (EM-60), U.S.
Department of Energy, 1000 Independence Avenue, SW, Washington, D.C.
20585, (202) 586-5151. For information on DOE's National Environmental
Policy Act (NEPA) process, contact: Ms. Carol Borgstrom, Director,
Office of NEPA Policy and Assistance (EH-42), U.S. Department of
Energy, 1000 Independence Avenue, SW, Washington, DC 20585, Telephone
(202) 586-4600, or leave a message at 1-800-472-2756.
SUPPLEMENTARY INFORMATION:
I. Background
DOE, in consultation with the Department of State, issued the Final
Environmental Impact Statement on a Proposed Nuclear Weapons
Nonproliferation Policy Concerning Foreign Research Reactor Spent
Nuclear Fuel (the Final EIS, DOE/EIS-218F) on February 16, 1996. The
Record of Decision was issued on May 13, 1996, and was published in the
Federal Register on May 17, 1996, (61 Fed. Reg. 25092). In the Final
EIS, DOE and the Department of State considered the potential
environmental impacts of a proposed policy to manage spent nuclear fuel
and target material from foreign research reactors. After consideration
of public comments submitted on the Draft EIS, and concerns expressed
following issuance of the 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.
II. Statement of Purpose
Subsequent to issuance of the Record of Decision on May 13, 1996,
DOE, in consultation with the Department of State, 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.
Reason for the Revision: 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 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. As a result, DOE, after consultation with the Department of
State, concluded that the selection of the title transfer location
could be made solely on programmatic considerations. At the time the
Record of Decision was issued, DOE had not identified any advantage to
the United States of taking title outside the United States. Therefore,
the Record of Decision stated that transfer of title would occur when
the foreign research reactor spent nuclear fuel and target material
actually enters the land mass of the United States because that
approach linked the transfer of title to an easily identifiable
occurrence.
In the course of diplomatic discussions with Chile, Brazil, and
Colombia, these foreign governments raised an important concern related
to the location of the title transfer. Specifically, since the
Department is seeking to include transportation casks from multiple
South American countries on a single ocean-going vessel, a question has
arisen regarding who would be liable for any potential damage when
spent fuel from one country is in the territory of another during the
shipment. Furthermore, DOE has been informed that shipowners
[[Page 38721]]
willing to transport spent nuclear fuel from South America without
coverage under the Price-Anderson Act have not been identified. The
United States Government can assume responsibility for these shipments
and extend Price-Anderson Act coverage to the shipowners while the
material is outside United States territory only if the United States
has taken title to the spent nuclear fuel. Therefore, rather than
taking title at the point the spent fuel actually enters the land mass
of the United States (at the United States port), 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 with other-than-high-income economies to be determined on a
case-by-case basis, to be specified in DOE's individual contracts with
the reactor operators. Under such an approach, title could 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
as specified in the May 13, 1996, Record of Decision.
Similar liability concerns are not applicable for reactors in
countries with high-income economies because reactor operators in these
countries are able to provide sufficient insurance for transporting
their own spent nuclear fuel to the United States.
For the reasons set forth above, Section VII (``Decision'') of the
Record of Decision issued on May 13, 1996, is revised by adding a new
Paragraph E to read as follows:
E. In the case of research reactors located in countries with
high-income economies, as defined in the Final EIS, the United
States will take title to the spent nuclear fuel and target material
when it reaches the United States port of entry. In the case of
research reactors located in countries with other-than-high-income
economies, as defined in the Final EIS, the United States may take
title to the spent nuclear fuel and target material at locations
other than the port of entry into the United States. On a case-by-
case basis, the United States may 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 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 the material
into the United States regardless of when title is transferred to
the United States. However, Price-Anderson coverage outside United
States territory is provided only if the material is owned by, and
used by, or under contract with the United States. Reactor operators
located in countries with high-income economies are able to provide
sufficient insurance for transporting their own spent nuclear fuel
without Price-Anderson coverage. For countries with other-than-high-
income economies, however, DOE has been informed that shipowners
willing to transport spent nuclear fuel without coverage under the
Price-Anderson Act have not been identified.
The approach for transfer of title discussed in Section VII.E.,
ensures that liability for accidents during the transportation
process outside the United States will remain with the reactor
operators for reactors in countries with high-income economies,
while the United States Government will be accountable in the
unlikely event of an accident within United States territory. On the
other hand, the provision allowing DOE to take title to spent fuel
from reactors in countries with other-than-high-income economies
while the material is outside United States territory will allow DOE
to assume financial responsibility for these shipments while outside
the United States. 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.
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. section 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, D.C., this 22nd day of July, 1996.
Alvin L. Alm,
Assistant Secretary for Environmental Management.
[FR Doc. 96-18943 Filed 7-24-96; 8:45 am]
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