ML22045A056
| ML22045A056 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 02/11/2022 |
| From: | Perry Buckberg NRC/NRR/DORL/LPL2-2 |
| To: | Ogaz Z State of NM, Office of the Attorney General |
| Buckberg P | |
| References | |
| L-2021-CRS-0002 | |
| Download: ML22045A056 (3) | |
Text
From:
Buckberg, Perry Sent:
Friday, February 11, 2022 11:53 AM To:
Ogaz, Zachary Cc:
Wright, Sydnee
Subject:
2.206 Petition Initial Assessment - ISP License SNM-2515 Mr. Ogaz, The Petition Review Board (PRB) has completed its initial assessment of the petition you submitted on December 20, 2021 in accordance with NRCs Management Directive MD 8.11, Review Process for 10 CFR 2.206 Petitions, and its associated Handbook (Agencywide Documents Access and Management System (ADAMS) Accession number ML18296A043).
Your petition requested that the NRC take enforcement action against Interim Storage Partners (ISP) by revoking their Materials License No. SNM-2515 and by revoking the NRCs Record of Decision regarding issuance of Materials License No. SNM-2515. Your rationale for requesting this action is your assertion that the NRCs process for approving SNM-2515 is not in accordance with the National Environmental Policy Act (NEPA) and the ISP Consolidated Interim Storage Facility (CISF) will have a negative impact on the human environment and on the State of New Mexico. The specific bases you assert in your request are summarized below:
- 1.
The NRC failed to obtain backing and necessary permitting from host communities
- 2.
The NRC used flawed assumptions including the likelihood of a de facto permanent nuclear waste storage facility
- 3.
The site is geologically unsuitable
- 4.
There is a potential for terrorist attacks and sabotage
- 5.
The NRC did not consider potential impacts on water and ecological resources
- 6.
The NRC failed to consider the amount of funding needed to ensure the safety and protection of New Mexicos citizens and natural resources
- 7.
The NRC used a faulty analysis of environmental justice concerns The PRBs initial assessment is that your submittal does not meet the criteria in Management Directive 8.11, Directive Handbook (DH 8.11)Section III.C.1 for accepting petitions for review.
As a fundamental premise, the 2.206 petition process is not an appropriate means to challenge the NRC staff review of a license application. Compliance with NEPA is the responsibility of the NRC staff. For purposes of determining whether the NRC staff has complied with NEPA in connection with the NRCs issuance of a license, the NRC has established specific processes by regulation to ensure the public may participate in those licensing proceedings. Once the licensing proceeding is complete, there is no additional major federal action associated with maintaining the license that triggers NEPA obligations. As such, no enforcement action is warranted against the licensee for the NRC staffs actions in reviewing and granting the application. Additionally, pursuant to DH 8.11,Section III.C.1(b)(ii), the concerns raised in your petition have already been the subject of NRC staff review and evaluation and none of the additional Section III.C.1(b)(ii) circumstances apply.
Specifically, in issuing Materials License SNM-2515 to ISP, the NRC staff documented its consideration of each concern in the petition in either the staffs Final Environmental Impact Statement (FEIS) (ADAMS ML21209A955), the staffs Safety Evaluation Report (ADAMS ML21188A101), Materials License SNM-2515 (ADAMS ML21188A099) or NUREG-2157
Volume 1, "Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report." (ADAMS ML14196A105).
I offer you the opportunity to clarify or supplement your petition in a virtual public meeting with the PRB. If you decide to take advantage of this opportunity, the meeting with the PRB would be conducted consistent with the format described in MD 8.11, DH 8.11 Section III.F. The PRB will consider your statements and information presented at the meeting, along with the original petition, in making its final determination on whether to accept your petition for further review.
Please indicate by February 25, 2022, whether you wish to have this public meeting.
If you have any questions regarding this e-mail, please feel free to contact me at perry.buckberg@nrc.gov.
- Thanks, Perry Buckberg Senior Project Manager / Agency 2.206 Petition Coordinator U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation office: (301)415-1383 perry.buckberg@nrc.gov Mail Stop O-8B1a, Washington, DC, 20555-0001
Hearing Identifier:
NRR_DRMA Email Number:
1519 Mail Envelope Properties (BLAPR09MB7409F195536BDAD9272D7ACC9A309)
Subject:
2.206 Petition Initial Assessment - ISP License SNM-2515 Sent Date:
2/11/2022 11:52:34 AM Received Date:
2/11/2022 11:52:00 AM From:
Buckberg, Perry Created By:
Perry.Buckberg@nrc.gov Recipients:
"Wright, Sydnee" <swright@nmag.gov>
Tracking Status: None "Ogaz, Zachary" <zogaz@nmag.gov>
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