ML18211A182
| 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:
Adrian Shelley, Director, Texas Office Wallace L. Taylor Public Citizen 4403 1st Ave. S.E., Suite 402 309 East 11th Street, Suite 2 Cedar Rapids, Iowa 52402 Austin, TX, 78701 wtaylor784@aol.com ashelley@citizen.org Counsel for Sierra Club Allison Fisher Kevin Kamps, Radioactive Waste Watchdog Outreach Director, Energy Program Beyond Nuclear Public Citizen 6930 Carroll Avenue, Suite 400 215 Pennsylvania Avenue SE Takoma Park, Maryland 20912 Washington, D.C. 20003 kevin@beyondnuclear.org Siegfried (Ziggy) Kleinau Victor McManemy, Chairperson Outreach Director Citizens for Alternatives to Chemical Bruce Peninsula Environmental Group Contamination (CACC) P.O. Box 364, P.O. Box 23 Binbrook, ON, L0R 1C0 Lake Station, Michigan 48632 Canada vrmcmanemy@yahoo.com ziggyk38@gmail.com Tim Judson, Exec. Director Vina Colley, President Nuclear Information and Resource Services PRESS (Portsmouth/Piketon Residents 6930 Carroll Ave, Ste. 340 for Environmental Safety and Security)
Takoma Park, MD 20912 Co-Founder of NNWJ (National Nuclear timj@nirs.org Workers for Justice)
P.O. Box 136 Pamela Richard, Director Portsmouth, Ohio 45662 Peace Action Wisconsin vcolley@earthlink.net 1001 E Keefe Ave.
Milwaukee, WI 53212 Jeff Carter, Executive Director Physicians for Social Responsibility Peter Clark, Manager 1111 14th St, NW, Suite 700 Indigenous Rights Center Washington, DC 20005 202 Harvard Drive, SE #5 jcarter@psr.org Albuquerque, NM 87106 Robert M. Gould, MD, President Manna Jo Greene, Environmental Director San Francisco Bay Area Chapter Hudson River Sloop Clearwater, Inc. Physicians for Social Responsibility 724 Wolcott Ave., Beacon, NY 12508 870 Market Street, Suite 578 mannajo@clearwater.org San Francisco, CA 94102 rmgould1@yahoo.com Eric Epstein, Chairman TMI-Alert Scott Williams, M.D., M.P.H.
4100 Hillsdale Road Executive Director Harrisburg, PA 17112 HEAL Utah lechambon@comcast.net 824 South 400 West, Suite B-111 Salt Lake City, Utah 84101 scott@healutah.org
T. Lodge 4 Donna Gilmore, Founder Susan H. Shapiro, Esq.
SanOnofreSafety.org Rockland Environmental Group 205 La Salle, 75 N. Middletown Road San Clemente, CA 92672 Nanuet, New York 10954 donnagilmore@gmail.com susan@hitoshapirolaw.com Glenn Carroll, Coordinator Debra Stoleroff, Convener Nuclear Watch South Vermont Yankee Decommissioning Alliance P.O. Box 8574 c/o 158 New Hamburger Rd.
Atlanta, Ga 31106 Plainfield, Vermont 05667 atom.girl@nonukesyall.org debrastoleroff@protonmail.com Sarah Fields, Program Director Deb Katz, Convenor Uranium Watch Citizens Awareness Network P.O. Box 1306 Box 83 Monticello, Utah 84532 Shelburne Falls, MA 01370 sarah@uraniumwatch.org deb@nukebusters.org Diane Turco, Director George Crocker, Executive Director Cape Downwinders North American Water Office PO Box 303 PO Box 174 South Harwich, MA 02661 Lake Elmo, MN 55042 capedownwindersinfo@gmail.com gwillc@nawo.org Stephen Brittle, President Judy Treichel, Executive Director Dont Waste Arizona Nevada Nuclear Waste Task Force 2934 West Northview Avenue 4587 Ermine Court Phoenix, AZ 85051 Las Vegas, NV 89147 dwaz@fastq.com judynwtf@aol.com Susan Gordon, Coordinator Barbara Warren, Executive Director Multicultural Alliance for a Safe Citizens Environmental Coalition Environment 33 Central Ave, 3rd Floor PO Box 4524 Albany, NY 12210 Albuquerque NM 87196 warrenba@msn.com sgordon@swuraniumimpacts.org Sara Barczak, Regional Advocacy Director Schuyler Gould, President Southern Alliance for Clean Energy New England Coalition on Nuclear P.O. Box 1842 Pollution Knoxville, TN 37901 PO Box 545 sara@cleanenergy.org Brattleboro, VT 05302 skygvt@aol.com Mary Beth Brangan, Executive Director Ecological Options Network Sheila Parks, Ed.D., Founder P.O. Box 1047 On Behalf of Planet Earth Bolinas, CA 94924 Massachusetts mbbrangan@gmail.com sheilaruthparks@comcast.net
T. Lodge 5 David A. Kraft, Director Mark Calzavara Nuclear Energy Information Service Regional Organizer 3411 W. Diversey #13 Ontario-Quebec-Nunavut Chicago, IL 60647 The Council of Canadians neis@neis.org 300-251 Bank St.
Ottawa Ontario Michael J. Keegan K2P 1X3 Don't Waste Michigan mark@canadians.org P.O. Box 463 Monroe, MI 48161 Rose Marie Cecchini, MM mkeeganj@comcast.net Director Office of Peace, Justice & Creation Kathryn Barnes Catholic Charities of Gallup Diocese Don't Waste Michigan Gallup, NM 87301 Sherwood Chapter rcecchinimm@centurylink.net Sherwood, MI 49089 greenwoodsart@msn.com 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 JCuadrado JCaverly for MLayton JMcKirgan DATE 7/25/18 7/26/18 7/30/18