(Fort St. Vrain Independent Spent Fuel Storage Installation); Order Approving Transfer and Notice of Issuance of License Amendment

[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Notices]
[Pages 32069-32070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15104]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-09 & License No. SNM-2504]


(Fort St. Vrain Independent Spent Fuel Storage Installation); 
Order Approving Transfer and Notice of Issuance of License Amendment

In the Matter of Public Service Company of Colorado, United States 
Department of Energy

I

    On November 4, 1991, pursuant to 10 CFR Part 72, License No. SNM-
2504 was issued, under which Public Service Company of Colorado (PSCo) 
was authorized to receive, possess, and store spent fuel at the Fort 
St. Vrain (FSV) Independent Spent Fuel Storage Installation (ISFSI), 
which is located near Platteville, Colorado.

II

    In October 1995, the State of Idaho, the U.S. Department of Energy 
(DOE), and the U.S. Department of the Navy entered into a settlement 
agreement that, among other things, prohibited spent fuel currently 
stored in Colorado at the FSV ISFSI from being shipped to Idaho for 
storage. In December 1995, the DOE notified the Nuclear Regulatory 
Commission (NRC or Commission) of its intent to procure the FSV ISFSI 
from PSCo, take possession of the spent nuclear fuel stored there, and 
obtain approval from the NRC to transfer NRC license SNM-2504 to DOE. 
In February 1996, PSCo and DOE's Idaho Operations Office (DOE-ID) 
formalized a contract modification by which DOE took immediate title to 
all of the spent fuel at FSV. Under the contract, PSCo continued to 
manage the spent fuel at the FSV ISFSI under NRC License SNM-2504 until 
such time as the NRC license was transferred to DOE.
    On December 17, 1996, DOE submitted an application seeking transfer 
of the FSV ISFSI license from PSCo to DOE. Notice of the application 
for transfer and license amendment was published in the Federal 
Register on March 7, 1997 (62 FR 10596). An environmental assessment 
and finding of no significant impact regarding the proposed transfer 
was published in the Federal Register on April 2, 1997 (62 FR 15737).

III

    The transfer of rights under Materials License SNM-2504 is subject 
to the NRC's approval under 10 CFR 72.50. Based on information provided 
by DOE, the Commission has determined that DOE is qualified to be the 
holder of SNM-2504 and that the transfer of the FSV ISFSI license, 
subject to the conditions set forth herein, is consistent with 
applicable provisions of the law and the regulations and orders issued 
by the Commission. The proposed transfer was evaluated by the NRC staff 
as documented in a Safety Evaluation dated May 1999. The conditions of 
the transfer, to which DOE has not objected, are:
    A. For the duration of the license, the licensee shall inform the 
Director, Office of Nuclear Material Safety and Safeguards, at least 90 
days in advance, of the replacement of the entity contracted by the 
licensee to perform the management and operation (the M&O contractor) 
of the FSV ISFSI.
    B. Within 180 days after the replacement of the M&O contractor, the 
licensee shall assess the performance of the M&O contractor and provide 
a statement to the NRC verifying that the replacement of the M&O 
contractor has had no effect on the execution of licensed 
responsibilities for the FSV ISFSI.

IV

    Accordingly, pursuant to Sections 161b, 161i, and 184 of the Atomic 
Energy Act of 1954, as amended, 42 USC Secs. 2201(b), 2201(I), and 2234 
and 10 CFR 72.50, IT IS HEREBY ORDERED that the Commission consents to 
the proposed transfer of control of SNM-

[[Page 32070]]

2504 from PSCo to DOE, and NOTICE IS GIVEN that a license amendment 
providing for the transfer of control, operation, and ownership of the 
FSV ISFSI is issued. The amendment is subject to the condition that 
should this transfer not be completed by October 1, 1999, this ORDER 
will be null and void, except that upon application and for good cause, 
the date upon which the transfer is to be completed may be extended for 
a short time beyond October 1, 1999.
    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.

    Dated at Rockville, Maryland this 4th day of June, 1999.

    This ORDER is effective upon issuance.
    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 99-15104 Filed 6-14-99; 8:45 am]
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