[Federal Register: March 19, 1999 (Volume 64, Number 53)]
[Notices]               
[Page 13611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr99-122]


[[Page 13611]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-9]

 
U.S. Department of Energy; Fort St. Vrain Independent Spent Fuel 
Storage Installation; Exemption

I

    Pursuant to 10 CFR 72.50, the U.S. Department of Energy (DOE) has 
applied for the transfer of Materials License SNM-2504 which authorizes 
receipt and storage of spent nuclear fuel at an independent spent fuel 
storage installation (ISFSI) located at the site of the former Fort St. 
Vrain (FSV) nuclear generating station. The facility is located in Weld 
County, Colorado.

II

    Pursuant to 10 CFR 20.2301, the Nuclear Regulatory Commission (NRC) 
may grant exemptions from the requirements of the regulations in 10 CFR 
Part 20 as it determines are authorized by law and will not result in 
undue hazard to life or property.
    Section 20.1501(c) states in part that ``All personnel dosimeters 
(except for direct and indirect reading pocket dosimeters used to 
measure the dose to the extremities) that require processing to 
determine the radiation dose....must be processed and evaluated by a 
dosimetry processor...(1) holding current personnel dosimetry 
accreditation from the National Voluntary Laboratory Accreditation 
Program (NVLAP) of the National Institute of Standards and Technology; 
and (2) approved in this accreditation process for the type of 
radiation or radiations included in the NVLAP that most closely 
approximates the type of radiation or radiations for which the 
individual wearing the dosimetry is monitored.''

III

    By letter dated December 17, 1996, DOE submitted a request to 
transfer Materials License SNM-2504 for the FSV ISFSI from Public 
Service Company of Colorado, the current licensee, to DOE. DOE's 
request is currently under NRC staff review. The completion of this 
review and transfer of the license is anticipated in early 1999. As 
part of its license transfer application, DOE described how it planned 
to demonstrate compliance with applicable NRC regulations, including 
regulations in 10 CFR Part 20. In a December 10, 1997, supplement to 
its application, DOE requested an exemption, pursuant to 10 CFR 
20.2301, from the requirements of 10 CFR 20.1501(c) described above. In 
its request for exemption, DOE requested that use of a DOE laboratory 
accreditation program (DOELAP) be authorized as an alternative to the 
requirement to use the NVLAP.
    The NRC staff has examined both the NVLAP and DOELAP processes and 
standards. The two laboratory accreditation programs are based on 
similar criteria and standards. Both programs have incorporated similar 
test categories (types of radiation and energy levels), tolerance 
levels, bias, and performance criteria. The staff concluded that the 
DOELAP process is at least as stringent as the NVLAP process and 
concludes that, for the FSV ISFSI, the DOELAP is an acceptable 
alternative to the NVLAP process required by 10 CFR 20.1501(c).

IV

    Accordingly, NRC has determined, in accordance with 10 CFR 20.2301, 
that this exemption is authorized by law and will not result in undue 
hazard to life or property. Therefore, NRC hereby grants DOE an 
exemption from the dosimetry processing accreditation requirements of 
10 CFR 20.1501(c) as requested by DOE in its letters dated December 10, 
1997, and December 9, 1998. The exemption granted herein applies only 
to the FSV ISFSI.
    The documents related to this proposed action are available for 
public inspection and for copying at the NRC Public Document Room, 2120 
L Street, NW, Washington, DC 20555. Pursuant to 10 CFR 51.32, NRC has 
determined that granting this exemption will have no significant impact 
on the quality of the human environment (64 FR 10330).
    This exemption is effective upon transfer of Materials License SNM-
2504 to the DOE.

    Dated at Rockville, Maryland, this 12th day of March 1999.

    For the Nuclear Regulatory Commission.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 99-6764 Filed 3-18-99; 8:45 am]
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