ML18095A010

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Letter to Senator Carroll Leavell Et Al., New Mexico State Legislature, from Victor Mccree Responds to Letter Regarding Holtec Consolidated Interim Storage Facility
ML18095A010
Person / Time
Site: HI-STORE
Issue date: 04/11/2018
From: Mccree V
NRC/EDO
To: Leavell C
State of NM, Senate
Cuadrado J
Shared Package
ML18072A044 List:
References
LTR-18-0092-1
Download: ML18095A010 (21)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 11, 2018 The Honorable Carroll Leavell New Mexico State Senate PO Drawer D Jal, NM 88252

SUBJECT:

HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051

Dear Mr. Leavell:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated March 9, 2018, in which you stated that a letter sent by several other members of the New Mexico Senate and House of Representatives does not accurately represent the views of a majority of the New Mexico State Legislature. In a letter dated February 10, 2018, several New Mexico legislators requested that the NRC leave the scoping comment period for the environmental review of Holtec Internationals (Holtecs) proposed HI-STORE Consolidated Interim Storage Facility (CISF) open until after the end of the next full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

In your letter, you stated that the CISF project has been explained and discussed extensively in legislative committee hearings, public forums, and debated in the Senate and House chambers of the New Mexico legislature. Additionally, you noted that presentations by the Eddy-Lea Energy Alliance and Holtec representatives culminated in memorials passed in both the New Mexico Senate and House of representatives endorsing the CISF project, a letter from New Mexico Governor Susana Martinez to the then Secretary of Energy in support of the project, and resolutions supporting the project passed by the governing bodies for the City of Carlsbad, the City of Hobbs, Eddy County, and Lea County. Given the public and legislative outreach that has occurred to date, along with the endorsement and support that you described, you asked that the NRC proceed with its scoping and subsequent review of the project as scheduled.

We responded to the February 10, 2018, letter from selected New Mexico legislators in a letter dated March 23, 2018 (enclosed). As we explained in that letter, we decided not to extend the scoping period as requested until the end of the legislative session because the corresponding delay in our licensing review would not be commensurate with a timely regulatory decision-making process.

C. Leavell 2 As you indicated in your letter, New Mexico legislators will continue to have opportunities to participate in our regulatory process. Notably, the public, including the New Mexico legislature, will have opportunities to participate in our environmental review process when we publish the draft environmental impact statement (EIS) for public comment. We anticipate that the draft EIS will be available for public comment no sooner than the summer of 2019, which should be after your next legislative session ends. We will also actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments.

Finally, let me inform you that the NRC staff has accepted Holtecs CISF application for docketing, and that on March 30, 2018, a notice was published in the Federal Register announcing the intent to prepare an EIS and to conduct a scoping process. Comments are requested within 60 days. Acceptance for docketing does not constitute approval of the license application, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at 301-415-5722.

Sincerely,

/RA/

Victor M. McCree Executive Director for Operations Docket No. 72-1051

Enclosure:

As stated

C. Leavell 3 HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051 DOCUMENT DATE: April 11, 2018 DISTRIBUTION:

SFM Reading File RKellar, RIV JCaverly, NMSS CRoman, NMSS G:\SFST\Cuadrado\Holtec\Holtec ICSF\Southern NM Legislators Response Letter - OGC NLO Consolidated.docx ADAMS ACCESSION NO. ML18072A044 LTR-18-0092-1 OFC: SFM SFM FCSE OGC NMSS WWheatley CRoman LClark AHsia NAME: JMcKirgan via e-mail via e-mail via e-mail DATE: 3/22/18 3/23/18 3/26/18 4/3/18 4/6/18 OFC: SFM NMSS NMSS OEDO AHsia for VMcCree NAME: LMoorin MDapas MLayton DATE: 4/6/18 4/6/18 4/6/18 04/11/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 11, 2018 The Honorable Gay Kernan New Mexico State Senate PO Box 598 Hobbs, NM 88241

SUBJECT:

HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051

Dear Ms. Kernan:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated March 9, 2018, in which you stated that a letter sent by several other members of the New Mexico Senate and House of Representatives does not accurately represent the views of a majority of the New Mexico State Legislature. In a letter dated February 10, 2018, several New Mexico legislators requested that the NRC leave the scoping comment period for the environmental review of Holtec Internationals (Holtecs) proposed HI-STORE Consolidated Interim Storage Facility (CISF) open until after the end of the next full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

In your letter, you stated that the CISF project has been explained and discussed extensively in legislative committee hearings, public forums, and debated in the Senate and House chambers of the New Mexico legislature. Additionally, you noted that presentations by the Eddy-Lea Energy Alliance and Holtec representatives culminated in memorials passed in both the New Mexico Senate and House of representatives endorsing the CISF project, a letter from New Mexico Governor Susana Martinez to the then Secretary of Energy in support of the project, and resolutions supporting the project passed by the governing bodies for the City of Carlsbad, the City of Hobbs, Eddy County, and Lea County. Given the public and legislative outreach that has occurred to date, along with the endorsement and support that you described, you asked that the NRC proceed with its scoping and subsequent review of the project as scheduled.

We responded to the February 10, 2018, letter from selected New Mexico legislators in a letter dated March 23, 2018 (enclosed). As we explained in that letter, we decided not to extend the scoping period as requested until the end of the legislative session because the corresponding delay in our licensing review would not be commensurate with a timely regulatory decision-making process.

G. Kernan 2 As you indicated in your letter, New Mexico legislators will continue to have opportunities to participate in our regulatory process. Notably, the public, including the New Mexico legislature, will have opportunities to participate in our environmental review process when we publish the draft environmental impact statement (EIS) for public comment. We anticipate that the draft EIS will be available for public comment no sooner than the summer of 2019, which should be after your next legislative session ends. We will also actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments.

Finally, let me inform you that the NRC staff has accepted Holtecs CISF application for docketing, and that on March 30, 2018, a notice was published in the Federal Register announcing the intent to prepare an EIS and to conduct a scoping process. Comments are requested within 60 days. Acceptance for docketing does not constitute approval of the license application, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at 301-415-5722.

Sincerely,

/RA/

Victor M. McCree Executive Director for Operations Docket No. 72-1051

Enclosure:

As stated

G. Kernan 3 HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051 DOCUMENT DATE: April 11, 2018 DISTRIBUTION:

SFM Reading File RKellar, RIV JCaverly, NMSS CRoman, NMSS G:\SFST\Cuadrado\Holtec\Holtec ICSF\Southern NM Legislators Response Letter - OGC NLO Consolidated.docx ADAMS ACCESSION NO. ML18072A044 LTR-18-0092-1 OFC: SFM SFM FCSE OGC NMSS WWheatley CRoman LClark AHsia NAME: JMcKirgan via e-mail via e-mail via e-mail DATE: 3/22/18 3/23/18 3/26/18 4/3/18 4/6/18 OFC: SFM NMSS NMSS OEDO AHsia for VMcCree NAME: LMoorin MDapas MLayton DATE: 4/6/18 4/6/18 4/6/18 04/11/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 11, 2018 The Honorable Ron Griggs New Mexico State Senate 2704 Birdie Loop Alamogordo, NM 88310

SUBJECT:

HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051

Dear Mr. Griggs:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated March 9, 2018, in which you stated that a letter sent by several other members of the New Mexico Senate and House of Representatives does not accurately represent the views of a majority of the New Mexico State Legislature. In a letter dated February 10, 2018, several New Mexico legislators requested that the NRC leave the scoping comment period for the environmental review of Holtec Internationals (Holtecs) proposed HI-STORE Consolidated Interim Storage Facility (CISF) open until after the end of the next full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

In your letter, you stated that the CISF project has been explained and discussed extensively in legislative committee hearings, public forums, and debated in the Senate and House chambers of the New Mexico legislature. Additionally, you noted that presentations by the Eddy-Lea Energy Alliance and Holtec representatives culminated in memorials passed in both the New Mexico Senate and House of representatives endorsing the CISF project, a letter from New Mexico Governor Susana Martinez to the then Secretary of Energy in support of the project, and resolutions supporting the project passed by the governing bodies for the City of Carlsbad, the City of Hobbs, Eddy County, and Lea County. Given the public and legislative outreach that has occurred to date, along with the endorsement and support that you described, you asked that the NRC proceed with its scoping and subsequent review of the project as scheduled.

We responded to the February 10, 2018, letter from selected New Mexico legislators in a letter dated March 23, 2018 (enclosed). As we explained in that letter, we decided not to extend the scoping period as requested until the end of the legislative session because the corresponding delay in our licensing review would not be commensurate with a timely regulatory decision-making process.

R. Griggs 2 As you indicated in your letter, New Mexico legislators will continue to have opportunities to participate in our regulatory process. Notably, the public, including the New Mexico legislature, will have opportunities to participate in our environmental review process when we publish the draft environmental impact statement (EIS) for public comment. We anticipate that the draft EIS will be available for public comment no sooner than the summer of 2019, which should be after your next legislative session ends. We will also actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments.

Finally, let me inform you that the NRC staff has accepted Holtecs CISF application for docketing, and that on March 30, 2018, a notice was published in the Federal Register announcing the intent to prepare an EIS and to conduct a scoping process. Comments are requested within 60 days. Acceptance for docketing does not constitute approval of the license application, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at 301-415-5722.

Sincerely,

/RA/

Victor M. McCree Executive Director for Operations Docket No. 72-1051

Enclosure:

As stated

R. Griggs 3 HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051 DOCUMENT DATE: April 11, 2018 DISTRIBUTION:

SFM Reading File RKellar, RIV JCaverly, NMSS CRoman, NMSS G:\SFST\Cuadrado\Holtec\Holtec ICSF\Southern NM Legislators Response Letter - OGC NLO Consolidated.docx ADAMS ACCESSION NO. ML18072A044 LTR-18-0092-1 OFC: SFM SFM FCSE OGC NMSS WWheatley CRoman LClark AHsia NAME: JMcKirgan via e-mail via e-mail via e-mail DATE: 3/22/18 3/23/18 3/26/18 4/3/18 4/6/18 OFC: SFM NMSS NMSS OEDO AHsia for VMcCree NAME: LMoorin MDapas MLayton DATE: 4/6/18 4/6/18 4/6/18 4/11/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 11, 2018 The Honorable Cathrynn Brown New Mexico House of Representatives 1814 North Guadalupe Carlsbad, NM 88220

SUBJECT:

HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051

Dear Ms. Brown:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated March 9, 2018, in which you stated that a letter sent by several other members of the New Mexico Senate and House of Representatives does not accurately represent the views of a majority of the New Mexico State Legislature. In a letter dated February 10, 2018, several New Mexico legislators requested that the NRC leave the scoping comment period for the environmental review of Holtec Internationals (Holtecs) proposed HI-STORE Consolidated Interim Storage Facility (CISF) open until after the end of the next full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

In your letter, you stated that the CISF project has been explained and discussed extensively in legislative committee hearings, public forums, and debated in the Senate and House chambers of the New Mexico legislature. Additionally, you noted that presentations by the Eddy-Lea Energy Alliance and Holtec representatives culminated in memorials passed in both the New Mexico Senate and House of representatives endorsing the CISF project, a letter from New Mexico Governor Susana Martinez to the then Secretary of Energy in support of the project, and resolutions supporting the project passed by the governing bodies for the City of Carlsbad, the City of Hobbs, Eddy County, and Lea County. Given the public and legislative outreach that has occurred to date, along with the endorsement and support that you described, you asked that the NRC proceed with its scoping and subsequent review of the project as scheduled.

We responded to the February 10, 2018, letter from selected New Mexico legislators in a letter dated March 23, 2018 (enclosed). As we explained in that letter, we decided not to extend the scoping period as requested until the end of the legislative session because the corresponding delay in our licensing review would not be commensurate with a timely regulatory decision-making process.

C. Brown 2 As you indicated in your letter, New Mexico legislators will continue to have opportunities to participate in our regulatory process. Notably, the public, including the New Mexico legislature, will have opportunities to participate in our environmental review process when we publish the draft environmental impact statement (EIS) for public comment. We anticipate that the draft EIS will be available for public comment no sooner than the summer of 2019, which should be after your next legislative session ends. We will also actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments.

Finally, let me inform you that the NRC staff has accepted Holtecs CISF application for docketing, and that on March 30, 2018, a notice was published in the Federal Register announcing the intent to prepare an EIS and to conduct a scoping process. Comments are requested within 60 days. Acceptance for docketing does not constitute approval of the license application, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at 301-415-5722.

Sincerely,

/RA/

Victor M. McCree Executive Director for Operations Docket No. 72-1051

Enclosure:

As stated

C. Brown 3 HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051 DOCUMENT DATE: April 11, 2018 DISTRIBUTION:

SFM Reading File RKellar, RIV JCaverly, NMSS CRoman, NMSS G:\SFST\Cuadrado\Holtec\Holtec ICSF\Southern NM Legislators Response Letter - OGC NLO Consolidated.docx ADAMS ACCESSION NO. ML18072A044 LTR-18-0092-1 OFC: SFM SFM FCSE OGC NMSS WWheatley CRoman LClark AHsia NAME: JMcKirgan via e-mail via e-mail via e-mail DATE: 3/22/18 3/23/18 3/26/18 4/3/18 4/6/18 OFC: SFM NMSS NMSS OEDO AHsia for VMcCree NAME: LMoorin MDapas MLayton DATE: 4/6/18 4/6/18 4/6/18 4/11/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 11, 2018 The Honorable James Townsend New Mexico House of Representatives 69 W. Compress Rd Artesia, NM 88210

SUBJECT:

HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051

Dear Mr. Townsend:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated March 9, 2018, in which you stated that a letter sent by several other members of the New Mexico Senate and House of Representatives does not accurately represent the views of a majority of the New Mexico State Legislature. In a letter dated February 10, 2018, several New Mexico legislators requested that the NRC leave the scoping comment period for the environmental review of Holtec Internationals (Holtecs) proposed HI-STORE Consolidated Interim Storage Facility (CISF) open until after the end of the next full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

In your letter, you stated that the CISF project has been explained and discussed extensively in legislative committee hearings, public forums, and debated in the Senate and House chambers of the New Mexico legislature. Additionally, you noted that presentations by the Eddy-Lea Energy Alliance and Holtec representatives culminated in memorials passed in both the New Mexico Senate and House of representatives endorsing the CISF project, a letter from New Mexico Governor Susana Martinez to the then Secretary of Energy in support of the project, and resolutions supporting the project passed by the governing bodies for the City of Carlsbad, the City of Hobbs, Eddy County, and Lea County. Given the public and legislative outreach that has occurred to date, along with the endorsement and support that you described, you asked that the NRC proceed with its scoping and subsequent review of the project as scheduled.

We responded to the February 10, 2018, letter from selected New Mexico legislators in a letter dated March 23, 2018 (enclosed). As we explained in that letter, we decided not to extend the scoping period as requested until the end of the legislative session because the corresponding delay in our licensing review would not be commensurate with a timely regulatory decision-making process.

J. Townsend 2 As you indicated in your letter, New Mexico legislators will continue to have opportunities to participate in our regulatory process. Notably, the public, including the New Mexico legislature, will have opportunities to participate in our environmental review process when we publish the draft environmental impact statement (EIS) for public comment. We anticipate that the draft EIS will be available for public comment no sooner than the summer of 2019, which should be after your next legislative session ends. We will also actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments.

Finally, let me inform you that the NRC staff has accepted Holtecs CISF application for docketing, and that on March 30, 2018, a notice was published in the Federal Register announcing the intent to prepare an EIS and to conduct a scoping process. Comments are requested within 60 days. Acceptance for docketing does not constitute approval of the license application, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at 301-415-5722.

Sincerely,

/RA/

Victor M. McCree Executive Director for Operations Docket No. 72-1051

Enclosure:

As stated

J. Townsend 3 HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051 DOCUMENT DATE: April 11, 2018 DISTRIBUTION:

SFM Reading File RKellar, RIV JCaverly, NMSS CRoman, NMSS G:\SFST\Cuadrado\Holtec\Holtec ICSF\Southern NM Legislators Response Letter - OGC NLO Consolidated.docx ADAMS ACCESSION NO. ML18072A044 LTR-18-0092-1 OFC: SFM SFM FCSE OGC NMSS WWheatley CRoman LClark AHsia NAME: JMcKirgan via e-mail via e-mail via e-mail DATE: 3/22/18 3/23/18 3/26/18 4/3/18 4/6/18 OFC: SFM NMSS NMSS OEDO AHsia for VMcCree NAME: LMoorin MDapas MLayton DATE: 4/6/18 4/6/18 4/6/18 4/11/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 11, 2018 The Honorable Larry Scott New Mexico House of Representatives PO Box 1708 Hobbs, NM 88241

SUBJECT:

HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051

Dear Mr. Scott:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated March 9, 2018, in which you stated that a letter sent by several other members of the New Mexico Senate and House of Representatives does not accurately represent the views of a majority of the New Mexico State Legislature. In a letter dated February 10, 2018, several New Mexico legislators requested that the NRC leave the scoping comment period for the environmental review of Holtec Internationals (Holtecs) proposed HI-STORE Consolidated Interim Storage Facility (CISF) open until after the end of the next full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

In your letter, you stated that the CISF project has been explained and discussed extensively in legislative committee hearings, public forums, and debated in the Senate and House chambers of the New Mexico legislature. Additionally, you noted that presentations by the Eddy-Lea Energy Alliance and Holtec representatives culminated in memorials passed in both the New Mexico Senate and House of representatives endorsing the CISF project, a letter from New Mexico Governor Susana Martinez to the then Secretary of Energy in support of the project, and resolutions supporting the project passed by the governing bodies for the City of Carlsbad, the City of Hobbs, Eddy County, and Lea County. Given the public and legislative outreach that has occurred to date, along with the endorsement and support that you described, you asked that the NRC proceed with its scoping and subsequent review of the project as scheduled.

We responded to the February 10, 2018, letter from selected New Mexico legislators in a letter dated March 23, 2018 (enclosed). As we explained in that letter, we decided not to extend the scoping period as requested until the end of the legislative session because the corresponding delay in our licensing review would not be commensurate with a timely regulatory decision-making process.

L. Scott 2 As you indicated in your letter, New Mexico legislators will continue to have opportunities to participate in our regulatory process. Notably, the public, including the New Mexico legislature, will have opportunities to participate in our environmental review process when we publish the draft environmental impact statement (EIS) for public comment. We anticipate that the draft EIS will be available for public comment no sooner than the summer of 2019, which should be after your next legislative session ends. We will also actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments.

Finally, let me inform you that the NRC staff has accepted Holtecs CISF application for docketing, and that on March 30, 2018, a notice was published in the Federal Register announcing the intent to prepare an EIS and to conduct a scoping process. Comments are requested within 60 days. Acceptance for docketing does not constitute approval of the license application, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at 301-415-5722.

Sincerely,

/RA/

Victor M. McCree Executive Director for Operations Docket No. 72-1051

Enclosure:

As stated

L. Scott 3 HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051 DOCUMENT DATE: April 11, 2018 DISTRIBUTION:

SFM Reading File RKellar, RIV JCaverly, NMSS CRoman, NMSS G:\SFST\Cuadrado\Holtec\Holtec ICSF\Southern NM Legislators Response Letter - OGC NLO Consolidated.docx ADAMS ACCESSION NO. ML18072A044 LTR-18-0092-1 OFC: SFM SFM FCSE OGC NMSS WWheatley CRoman LClark AHsia NAME: JMcKirgan via e-mail via e-mail via e-mail DATE: 3/22/18 3/23/18 3/26/18 4/3/18 4/6/18 OFC: SFM NMSS NMSS OEDO AHsia for VMcCree NAME: LMoorin MDapas MLayton DATE: 4/6/18 4/6/18 4/6/18 4/11/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 11, 2018 The Honorable David Gallegos New Mexico House of Representatives PO Box 998 Eunice, NM 88231

SUBJECT:

HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051

Dear Mr. Gallegos:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter, dated March 9, 2018, in which you stated that a letter sent by several other members of the New Mexico Senate and House of Representatives does not accurately represent the views of a majority of the New Mexico State Legislature. In a letter dated February 10, 2018, several New Mexico legislators requested that the NRC leave the scoping comment period for the environmental review of Holtec Internationals (Holtecs) proposed HI-STORE Consolidated Interim Storage Facility (CISF) open until after the end of the next full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

In your letter, you stated that the CISF project has been explained and discussed extensively in legislative committee hearings, public forums, and debated in the Senate and House chambers of the New Mexico legislature. Additionally, you noted that presentations by the Eddy-Lea Energy Alliance and Holtec representatives culminated in memorials passed in both the New Mexico Senate and House of representatives endorsing the CISF project, a letter from New Mexico Governor Susana Martinez to the then Secretary of Energy in support of the project, and resolutions supporting the project passed by the governing bodies for the City of Carlsbad, the City of Hobbs, Eddy County, and Lea County. Given the public and legislative outreach that has occurred to date, along with the endorsement and support that you described, you asked that the NRC proceed with its scoping and subsequent review of the project as scheduled.

We responded to the February 10, 2018, letter from selected New Mexico legislators in a letter dated March 23, 2018 (enclosed). As we explained in that letter, we decided not to extend the scoping period as requested until the end of the legislative session because the corresponding delay in our licensing review would not be commensurate with a timely regulatory decision-making process.

D. Gallegos 2 As you indicated in your letter, New Mexico legislators will continue to have opportunities to participate in our regulatory process. Notably, the public, including the New Mexico legislature, will have opportunities to participate in our environmental review process when we publish the draft environmental impact statement (EIS) for public comment. We anticipate that the draft EIS will be available for public comment no sooner than the summer of 2019, which should be after your next legislative session ends. We will also actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments.

Finally, let me inform you that the NRC staff has accepted Holtecs CISF application for docketing, and that on March 30, 2018, a notice was published in the Federal Register announcing the intent to prepare an EIS and to conduct a scoping process. Comments are requested within 60 days. Acceptance for docketing does not constitute approval of the license application, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at 301-415-5722.

Sincerely,

/RA/

Victor M. McCree Executive Director for Operations Docket No. 72-1051

Enclosure:

As stated

HOLTEC INTERNATIONALS APPLICATION FOR CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO, DOCKET NO. 72-1051 DOCUMENT DATE: April 11, 2018 DISTRIBUTION:

SFM Reading File RKellar, RIV JCaverly, NMSS CRoman, NMSS G:\SFST\Cuadrado\Holtec\Holtec ICSF\Southern NM Legislators Response Letter - OGC NLO Consolidated.docx ADAMS ACCESSION NO. ML18072A044 LTR-18-0092-1 OFC: SFM SFM FCSE OGC NMSS WWheatley CRoman LClark AHsia NAME: JMcKirgan via e-mail via e-mail via e-mail DATE: 3/22/18 3/23/18 3/26/18 4/3/18 4/6/18 OFC: SFM NMSS NMSS OEDO AHsia for VMcCree NAME: LMoorin MDapas MLayton DATE: 4/6/18 4/6/18 4/6/18 4/11/18