ML18211A182

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LTR-18-0296 Letter to T. Lodge Request for an Extension of the Environmental Scoping Period and Suspension of the Notice of Opportunity to Request a Hearing and to Petition for Leave to Intervene for Holtec Internationals Proposed Consolida
ML18211A182
Person / Time
Site: HI-STORE
Issue date: 07/30/2018
From: Michael Layton
Division of Spent Fuel Management
To: Lodge T
- No Known Affiliation
Cuadrado J
References
LTR-18-0296
Download: ML18211A182 (6)


Text

T. Lodge UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 30, 2018 Mr. Terry J. Lodge, Esq.

316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627

SUBJECT:

REQUEST FOR AN EXTENSION OF THE ENVIRONMENTAL SCOPING PERIOD AND SUSPENSION OF THE NOTICE OF OPPORTUNITY TO REQUEST A HEARING AND TO PETITION FOR LEAVE TO INTERVENE FOR HOLTEC INTERNATIONALS PROPOSED CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE IN LEA COUNTY, NEW MEXICO (DOCKET NUMBER: 72-1051)

Dear Mr. Lodge:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated July 19, 2018, requesting: (1) an extension of the environmental scoping period for Holtec Internationals proposed Consolidated Interim Storage Facility to October 30, 2018; and (2) a suspension of the NRCs July 16, 2018, notice of opportunity to request a hearing and to petition for leave to intervene (83 FR 32919).

Your letter also stated two primary reasons for this request: (1) to afford the public additional time to comment on the anticipated disclosures by the NRC in response to a July 11, 2018, Freedom of Information Act (FOIA) request (NRC-2018-000634), and; (2) to remedy public frustrations with the recurring technical problems with the NRCs systems for submission of public comments and the conduct of research in the NRCs Agencywide Documents Access and Management System (ADAMS).

As stated in the NRCs response to your FOIA request, the NRC anticipates completing our response to your request by August 8, 2018. In your July 11, 2018, FOIA request, you requested all material redacted from pages 321 to 464 of the Holtec Environmental Report (ADAMS Accession No. ML18023A904). For purposes of scoping, the NRC staff will be considering this information in its environmental review of the application. However, the unredacted version of information on these pages, which contains information on properties undergoing eligibility determinations under Section 106 of the National Historic Preservation Act (NHPA), is being withheld under Section 304 of the NHPA. The public will have an opportunity to comment on the NRC staffs evaluation of this information when the NRC staff publishes the draft Environmental Impact Statement (EIS) for comment.

With regard to submission of public comments since the environmental scoping period began on March 30, 2018 (83 FR 13802), NRC has provided three methods for submittal: 1) verbally at one of the transcribed public scoping meetings; 2) hardcopy via regular U.S. mail or hand delivery at one of the scoping meetings; and 3) electronically using the Federal Rulemaking website. On May 16, 2018, the NRC noticed in the Federal Register a fourth method:

submission of comments by e-mail at Holtec-CISFEIS@nrc.gov (83 FR 22714). Since the

T. Lodge 2

beginning of the scoping period, the NRC has conducted a total of six scoping meetings and has received hundreds of comments during those meetings, by the methods discussed above.

In your letter, you referred to difficulties using the Federal Rulemaking website. The Federal Rulemaking website is part of the Federal Docket Management System, and is supported by 41 Federal agencies including the NRC. It is not managed by the NRC.

In response to your letter, the NRC staff verified that the Federal Rulemaking website has operated properly during the scoping comment period. The NRC staff contacted the Federal Rulemaking website help desk and confirmed that there were no reported concerns from members of the public regarding the inoperability of the website during the scoping period.

Please note that the Federal Rulemaking website provides users with a help desk number for assistance and contains a notice advising users that certain browser plug-ins or extensions may interfere with a comment submittal. The scoping period had been extended to accommodate two additional locations in New Mexico. The six scoping meetings, along with the 120-day scoping period, and the four methods to submit comments, provide sufficient opportunities for members of the public to submit their comments, while allowing the NRC to make timely regulatory decisions. Therefore, the NRC staff is not planning to further extend the scoping period.

With regard to your description of technical problems using ADAMS, the NRC staff has verified that ADAMS is functioning as it should. Periodic outages are required for maintenance, and do not substantially impact the availability of ADAMS over the 60-day period in which to request a hearing and provide petitions for leave to intervene. Finally, at this stage, any request to modify the 60-day deadline for intervention on the Holtec application is determined by the Commission itself, not by the NRC staff.

If you would like to discuss any of these matters, please contact Mr. Jose Cuadrado, Project Manager, by telephone at (301) 415-0606 or via email at Jose.Cuadrado@nrc.gov.

Sincerely,

/RA/

Michael C. Layton, Director Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 72-1051

T. Lodge 3

cc:

Wallace L. Taylor 4403 1st Ave. S.E., Suite 402 Cedar Rapids, Iowa 52402 wtaylor784@aol.com Counsel for Sierra Club Kevin Kamps, Radioactive Waste Watchdog Beyond Nuclear 6930 Carroll Avenue, Suite 400 Takoma Park, Maryland 20912 kevin@beyondnuclear.org Victor McManemy, Chairperson Citizens for Alternatives to Chemical Contamination (CACC)

P.O. Box 23 Lake Station, Michigan 48632 vrmcmanemy@yahoo.com Tim Judson, Exec. Director Nuclear Information and Resource Services 6930 Carroll Ave, Ste. 340 Takoma Park, MD 20912 timj@nirs.org Pamela Richard, Director Peace Action Wisconsin 1001 E Keefe Ave.

Milwaukee, WI 53212 Peter Clark, Manager Indigenous Rights Center 202 Harvard Drive, SE #5 Albuquerque, NM 87106 Manna Jo Greene, Environmental Director Hudson River Sloop Clearwater, Inc.

724 Wolcott Ave., Beacon, NY 12508 mannajo@clearwater.org Eric Epstein, Chairman TMI-Alert 4100 Hillsdale Road Harrisburg, PA 17112 lechambon@comcast.net Adrian Shelley, Director, Texas Office Public Citizen 309 East 11th Street, Suite 2 Austin, TX, 78701 ashelley@citizen.org Allison Fisher Outreach Director, Energy Program Public Citizen 215 Pennsylvania Avenue SE Washington, D.C. 20003 Siegfried (Ziggy) Kleinau Outreach Director Bruce Peninsula Environmental Group P.O. Box 364, Binbrook, ON, L0R 1C0 Canada ziggyk38@gmail.com Vina Colley, President PRESS (Portsmouth/Piketon Residents for Environmental Safety and Security)

Co-Founder of NNWJ (National Nuclear Workers for Justice)

P.O. Box 136 Portsmouth, Ohio 45662 vcolley@earthlink.net Jeff Carter, Executive Director Physicians for Social Responsibility 1111 14th St, NW, Suite 700 Washington, DC 20005 jcarter@psr.org Robert M. Gould, MD, President San Francisco Bay Area Chapter Physicians for Social Responsibility 870 Market Street, Suite 578 San Francisco, CA 94102 rmgould1@yahoo.com Scott Williams, M.D., M.P.H.

Executive Director HEAL Utah 824 South 400 West, Suite B-111 Salt Lake City, Utah 84101 scott@healutah.org

T. Lodge 4

Donna Gilmore, Founder SanOnofreSafety.org 205 La Salle, San Clemente, CA 92672 donnagilmore@gmail.com Glenn Carroll, Coordinator Nuclear Watch South P.O. Box 8574 Atlanta, Ga 31106 atom.girl@nonukesyall.org Sarah Fields, Program Director Uranium Watch P.O. Box 1306 Monticello, Utah 84532 sarah@uraniumwatch.org Diane Turco, Director Cape Downwinders PO Box 303 South Harwich, MA 02661 capedownwindersinfo@gmail.com Stephen Brittle, President Dont Waste Arizona 2934 West Northview Avenue Phoenix, AZ 85051 dwaz@fastq.com Susan Gordon, Coordinator Multicultural Alliance for a Safe Environment PO Box 4524 Albuquerque NM 87196 sgordon@swuraniumimpacts.org Schuyler Gould, President New England Coalition on Nuclear Pollution PO Box 545 Brattleboro, VT 05302 skygvt@aol.com Sheila Parks, Ed.D., Founder On Behalf of Planet Earth Massachusetts sheilaruthparks@comcast.net Susan H. Shapiro, Esq.

Rockland Environmental Group 75 N. Middletown Road Nanuet, New York 10954 susan@hitoshapirolaw.com Debra Stoleroff, Convener Vermont Yankee Decommissioning Alliance c/o 158 New Hamburger Rd.

Plainfield, Vermont 05667 debrastoleroff@protonmail.com Deb Katz, Convenor Citizens Awareness Network Box 83 Shelburne Falls, MA 01370 deb@nukebusters.org George Crocker, Executive Director North American Water Office PO Box 174 Lake Elmo, MN 55042 gwillc@nawo.org Judy Treichel, Executive Director Nevada Nuclear Waste Task Force 4587 Ermine Court Las Vegas, NV 89147 judynwtf@aol.com Barbara Warren, Executive Director Citizens Environmental Coalition 33 Central Ave, 3rd Floor Albany, NY 12210 warrenba@msn.com Sara Barczak, Regional Advocacy Director Southern Alliance for Clean Energy P.O. Box 1842 Knoxville, TN 37901 sara@cleanenergy.org Mary Beth Brangan, Executive Director Ecological Options Network P.O. Box 1047 Bolinas, CA 94924 mbbrangan@gmail.com

T. Lodge 5

David A. Kraft, Director Nuclear Energy Information Service 3411 W. Diversey #13 Chicago, IL 60647 neis@neis.org Michael J. Keegan Don't Waste Michigan P.O. Box 463 Monroe, MI 48161 mkeeganj@comcast.net Kathryn Barnes Don't Waste Michigan Sherwood Chapter Sherwood, MI 49089 greenwoodsart@msn.com Mark Calzavara Regional Organizer Ontario-Quebec-Nunavut The Council of Canadians 300-251 Bank St.

Ottawa Ontario K2P 1X3 mark@canadians.org Rose Marie Cecchini, MM Director Office of Peace, Justice & Creation Catholic Charities of Gallup Diocese Gallup, NM 87301 rcecchinimm@centurylink.net Damon Moglen, Senior Strategic Advisor Friends of the Earth 1101 15th Street, NW, 11th Floor Washington, DC 20005 Ph: 202-222-0708 dmoglen@foe.org Gary Headrick, Convenor San Clemente Green San Clemente, CA garyheadrick@gmail.com Molly Johnson, Area Coordinator SLO (San Luis Obispo) County Grandmothers for Peace 6290 Hawk Ridge Pl San Miguel, CA 93451 mollypj@yahoo.com

ML18211A182

  • via email OFC DSFM/SFLB DSFM/SFLB DFSM/SFLB OGC NAME DBrown SFigueroa JCuadrado CHair DATE 7/25/18 7/27/18 7/25/18 7/26/18 OFC FCSE DSFM/SFLB DSFM NAME JCaverly JCuadrado for JMcKirgan MLayton DATE 7/25/18 7/26/18 7/30/18