ML22047A122

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2-7-22 Record Excerpts for State Petitioners (5th Cir.)(Case No. 21-60743)
ML22047A122
Person / Time
Issue date: 02/07/2022
From: Andrew Averbach
NRC/OGC
To:
US Federal Judiciary, Court of Appeals, 5th Circuit
References
00516194174, 21-60743
Download: ML22047A122 (28)
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Case: 21-60743 Document: 00516194174 Page: 1 Date Filed: 02/07/2022 No. 21-60743 In the United States Court of Appeals for the Fifth Circuit State of Texas; Greg Abbott, Governor of the State of Texas; Texas Commission on Environmental Quality; Fasken Land and Minerals, Limited; Permian Basin Land and Royalty Owners, Petitioners, v.

Nuclear Regulatory Commission; United States of America, Respondents.

On Petition for Review of Action by the Nuclear Regulatory Commission RECORD EXCERPTS FOR STATE PETITIONERS Ken Paxton Judd E. Stone II Attorney General of Texas Solicitor General Brent Webster Michael R. Abrams First Assistant Attorney General Assistant Solicitor General Michael.Abrams@oag.texas.gov Office of the Attorney General P.O. Box 12548 (MC 059) Ryan S. Baasch Austin, Texas 78711-2548 Assistant Solicitor General Tel.: (512) 936-1700 Fax: (512) 474-2697 Counsel for Petitioners State of Texas, Governor Greg Abbott, and Texas Commission on Environmental Quality

Case: 21-60743 Document: 00516194174 Page: 2 Date Filed: 02/07/2022 Table of Contents

1. Letter to Interim Storage Partners, LLC Approving License .......... Tab 1
2. Nuclear Regulatory Commission Findings...................................... Tab 2
3. License for Independent Storage of Spent Nuclear Fuel and High Level Radioactive Waste ................................................................. Tab 3
4. Record of Decision (Sept. 13, 2021) ................................................ Tab 4
5. Record of Decision, 86 Fed. Reg. 51926 (Sept. 17, 2021) ................ Tab 5

Case: 21-60743 Document: 00516194174 Page: 3 Date Filed: 02/07/2022 Tab 1: Letter to Interim Storage Partners, LLC Approving License

Case: 21-60743 Document: 00516194174 Page: 4 Date Filed: 02/07/2022 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 13, 2021 Mr. Jeffery D. Isakson Chief Executive Officer/President Interim Storage Partners LLC P.O. Box 1129 Andrews, TX 79714

SUBJECT:

ISSUANCE OF MATERIALS LICENSE NO. SNM-2515 FOR THE WCS CONSOLIDATED INTERIM STORAGE FACILITY INDEPENDENT SPENT FUEL STORAGE INSTALLATION (DOCKET NO. 72-1050)

Dear Mr. Isakson:

By letters dated June 8 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML18166A011), and July 19, 2018 (ADAMS Accession No. ML18206A595), as amended, Interim Storage Partners LLC (ISP) submitted an application to the U.S. Nuclear Regulatory Commission (NRC) requesting a site specific license in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Part 72 for WCS Consolidated Interim Storage Facility (CISF). 1 This proposed facility is to be located in Andrews County, Texas.

NRC has determined based on its review of this application that there is reasonable assurance that: (i) the activities authorized by the license can be conducted without endangering the health and safety of the public; and (ii) these activities will be conducted in compliance with the applicable regulations of 10 CFR Part 72. NRC has further determined that the issuance of the license will not be inimical to the common defense and security.

NRC hereby issues Materials License No. SNM-2515 to ISP, pursuant to 10 CFR Part 72.

A copy of the license is enclosed. Issuance of this license constitutes authorization for a 40-year term to receive, possess, store, and transfer spent fuel and associated radioactive materials at the WCS CISF. All future communications regarding this license should refer to Materials License No. SNM-2515, Docket No. 72-1050. The WCS CISF license contains license conditions and Technical Specifications that must be met in order to comply with NRC regulations.

The technical basis for issuing the license is set forth in the enclosed safety evaluation report for the WCS CISF. In connection with the decision to issue this license, the NRC prepared and published an environmental impact statement and record of decision. A notice of issuance for the environmental impact statement appears in the Federal Register dated August 6, 2021 (86 FR 43277). The NRC also prepared and issued a record of decision for issuing this license in accordance with 10 CFR, Section 51.102(a). In conjunction with sending this letter, the NRC 1 Waste Control Specialists LLC submitted the original application on April 28, 2016 (ADAMS Accession No. ML16182A162). ISP resubmitted an updated application following its formation as a joint venture between Waste Control Specialists and Orano CIS LLC, a subsidiary of Orano USA.

Case: 21-60743 Document: 00516194174 Page: 5 Date Filed: 02/07/2022 J. Isakson 2 has transmitted a notice of the record of decision and the issuance of this license to the Office of the Federal Register.

If you have questions regarding this license, please contact me at (301) 287-9104, or Mr. John-Chau Nguyen of my staff at (301) 415-0262 or John-Chau.Nguyen@nrc.gov.

Sincerely, Shana R. Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 72-1050 Materials License No. SNM-2515 EPID No. L-2017-NEW-0002

Enclosures:

1. Preamble to Materials License No. SNM-2515
2. Materials License No. SNM-2515
3. Technical Specifications
4. Safety Evaluation Report cc: w/o Enclosures WCS CISF Service List

Case: 21-60743 Document: 00516194174 Page: 6 Date Filed: 02/07/2022 WCS CISF Service List Federal Officials The Honorable August Pfluger The Honorable Ted Cruz United States House of Representatives United States Senate Washington, D.C. 20515 Washington, D.C. 20515 The Honorable John Cornyn United States Senate Washington, D.C. 20515 Adam Zerrenner Mel Massaro U.S. Fish and Wildlife Service U.S. Department of Transportation Austin Ecological Services Field Office Federal Railroad Administration 10711 Burnet Road Office of Safety Suite 200 526 Mountain Ave Austin, TX 78758 Altoona, PA 16602 Adam_Zerrenner@fws.gov Lawrence.Massaro@dot.gov U.S. Department of Agriculture (USDA)-Natural U.S. Environmental Protection Agency - Region 6 Resource Conservation Service (NRCS) 1201 Elm Street, Suite 500 USDA-NRCS Andrews Field Office Dallas, TX 75270 103 NE Avenue L Suite B Martinez.Eli@epa.gov Andrews, TX 79714 Clint.LeMay@usda.gov State Agency Officials Texas Commission on Environmental Quality TCEQ Region 7 Field Office (TCEQ) 9900 W IH-20, Suite 100 P.O. Box 13087 Midland, TX 79706 Austin, TX 78711 Lorinda.Gardner@tceq.texas.gov ashley.forbes@tceq.texas.gov Secretary of New Mexico Environment Department Texas Parks and Wildlife Department Harold L. Runnels Building Richard Hanson 1190 St. Francis Drive, Suite N4050 4200 Smith School Road Santa Fe, NM 87505 Austin, TX 78744 James.Kenney@state.nm.us Richard.Hanson@tpwd.texas.gov Mr. Mark Wolfe Ron Kellermueller State Historic Preservation Officer New Mexico Department of Game and Fish Texas Historical Commission One Wildlife Way P.O. Box 12276 PO Box 25112 Austin, TX 78711-2276 Santa Fe, NM 87507 Mark.Wolfe@thc.texas.gov Ronald.Kellermueller@state.nm.us

Case: 21-60743 Document: 00516194174 Page: 7 Date Filed: 02/07/2022 WCS CISF Service List Dr. Jeff Pappas New Mexico State Historic Preservation Officer New Mexico Historic Preservation Division New Mexico Department of Cultural Affairs Bataan Memorial Building 407 Galisteo Street, Suite 236 Santa Fe, NM 87501 jeff.pappas@state.nm.us Local Agency Officials Stephen Aldridge Flora Braly Mayor of Jal Mayor of Andrews P.O. Drawer 340 111 Logsdon 309 Main St. Andrews, TX 79714 Jal, NM 88252 fbraly@cityofandrews.org mayor@cityofjal.us Andrews County Commissioners Adam Steen Andrews County Courthouse Mayor of Monahans 201 N. Main 112 W. 2nd St.

Andrews, TX 79714 Monahans, TX cfalcon@co.andrews.tx.us John Belcher Gaines County Commissioners Mayor of Seminole Gaines County Courthouse 302 S. Main Street 101 S. Main Street Seminole, TX 79360 Seminole, TX 79360 Billy Hobbs Sam Cobb Mayor of Eunice Mayor of Hobbs 1106 Ave. J City Hall P.O. Box 147 200 E. Broadway Eunice, NM 88231 Hobbs, NM 88240 bhobbs@cityofeunice.org scobb@hobbsnm.org Lea County Commissioners Jerry L. Phillips City Hall Mayor of Kermit 200 E. Broadway Street 110 S. Tornillo Street Hobbs, NM 88240 Kermit, TX 79745 jberry@leaco.net Winkler County Commissioners David Trujillo 100 E. Winkler Street Mayor of Lovington Kermit, TX 79745 City Hall Charles.wolf@co.winkler.tx.us 214 S. Love Lovington, NM 88260 district1@lovington.org

Case: 21-60743 Document: 00516194174 Page: 8 Date Filed: 02/07/2022 WCS CISF Service List Soil and Water Conservation District of Andrews, TX 103 NE Ave. L, Suite B Andrews, TX 79714 andrews@swcd.texas.gov Other Organizations and Individuals Morse Haynes Steve Vierck, Executive Director Economic Development Corporation Andrews Economic Development Corporation of Lea County 111 Logsdon 200 E. Broadway St., Suite A201 Andrews, TX 79714 Hobbs, NM 88240 mhaynes@cityofandrews.org edc@edclc.org

ML21188A096 (Package) ML21188A097

  • via e-mail NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB OFFICE PM LA PM BC NAME DHabib WWheatley* JNguyen* JMcKirgan*

DATE 7/12/21 07/13/21 07/19/21 7/26/21 OFFICE OGC NMSS/DFM D NAME ABell* SHelton*

DATE 8/4/21 8/12/21 Case: 21-60743 Document: 00516194174 Page: 10 Date Filed: 02/07/2022 Tab 2: Nuclear Regulatory Commission Findings

Case: 21-60743 Document: 00516194174 Page: 11 Date Filed: 02/07/2022 INTERIM STORAGE PARTNERS, LIMITED LIABILITY COMPANY DOCKET NO. 72-1050 WCS CONSOLIDATED INTERIM STORAGE FACILITY INDEPENDENT SPENT FUEL STORAGE INSTALLATION MATERIALS LICENSE NO. SNM-2515

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application filed by Interim Storage Partners, Limited Liability Company (the applicant),

for a materials license to receive, store, transfer, and possess power reactor spent fuel, associated radioactive material, and greater-than-Class-C radioactive waste at the WCS Consolidated Interim Storage Facility (CISF) Independent Spent Fuel Storage Installation (ISFSI) in Andrews County, TX, meets the standards and requirements of the Atomic Energy Act of 1954, as amended (Act), and the Commissions regulations set forth in 10 CFR Chapter I, Nuclear Regulatory Commission; B. The WCS CISF ISFSI will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission; C. The applicants proposed ISFSI design complies with the criteria in 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste, Subpart F, General Design Criteria; D. The proposed site complies with the criteria in 10 CFR Part 72, Subpart E, Siting Evaluation Factors; E. The proposed ISFSI would not pose an undue risk to the safe operation of the WCS radioactive material disposal facilities; F. The applicant is qualified by reason of training and experience to conduct the operations covered by the regulations in 10 CFR Part 72; G. The applicants operating procedures to protect health and to minimize danger to life and property are adequate; H. The applicant is financially qualified to engage in the activities in accordance with the regulations in 10 CFR Part 72, subject to the conditions specified in the license; I. The applicants quality assurance plan complies with 10 CFR Part 72, Subpart G, Quality Assurance; J. The applicants physical protection provisions comply with 10 CFR Part 72, Subpart H, Physical Protection; K. The applicants personnel training program complies with 10 CFR Part 72, Subpart I, Training and Certification of Personnel;

Case: 21-60743 Document: 00516194174 Page: 12 Date Filed: 02/07/2022 L. The applicants decommissioning plan and its financing pursuant to 10 CFR 72.30 provide reasonable assurance, subject to the conditions specified in the license, that the decontamination and decommissioning of the WCS CISF ISFSI at the end of its useful life will provide adequate protection to the health and safety of the public; M. The applicants emergency plan complies with 10 CFR 72.32; N. The applicant has satisfied the applicable provisions of 10 CFR Part 170, Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, as Amended; O. There is reasonable assurance that (i) the activities authorized by this license can be conducted without endangering public health and safety, and (ii) such activities will be conducted in compliance with the Commissions regulations; P. The issuance of this license will not be inimical to the common defense and security; and Q. The issuance of this license is in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

2. This license is effective as of the date of its issuance and shall expire at midnight on September 13, 2061.

FOR THE U.S. NUCLEAR REGULATORY COMMISSION Shana R. Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards

Enclosure:

License SNM-2515 Date of Issuance: September 13, 2021

Case: 21-60743 Document: 00516194174 Page: 13 Date Filed: 02/07/2022 Tab 3: License for Independent Storage of Spent Nuclear Fuel and High Level Radioactive Waste

Case: 21-60743 Document: 00516194174 Page: 14 Date Filed: 02/07/2022 NRC FORM 558 U.S. NUCLEAR REGULATORY COMMISSION (10-2000) 10 CFR 72 PAGE 1 of 3 PAGES LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Public Law 93-438), and Title 10, Code of Federal Regulations, Chapter 1, Part 72, and in reliance on statements and representations heretofore made by the licensee, a license is hereby issued authorizing the licensee to receive, acquire, and possess the power reactor spent fuel and other radioactive materials associated with spent fuel storage designated below; to use such material for the purpose(s) and at the place(s) designated below; and to deliver or transfer such material to persons authorized to receive it in accordance with the regulations of the applicable Part(s). This license shall be deemed to contain the conditions specified in Section 183 of the Atomic Energy Act of 1954, as amended, and is subject to all applicable rules, regulations, and orders of the Nuclear Regulatory Commission now or hereafter in effect and to any conditions specified herein.

This license is conditioned upon fulfilling the requirements of 10 CFR Part 72, as applicable, the attached Appendix A (Technical Specifications), and the conditions specified below.

Licensee

1. Interim Storage Partners LLC (ISP) 3. License No. SNM-2515 Amendment No. 0
2. WCS CISF 4. Expiration Date September 13, 2061 9998 Highway 176 West Andrews, Texas, 79714 5. Docket or Reference No. 72-1050
6. Byproduct, Source, and/or 7. Chemical and/or Physical Form 8. Maximum Amount That Licensee May Special Nuclear Material Possess at Any One Time Under This License A. Spent nuclear fuel elements from A. Intact fuel assemblies, damaged fuel A. 5,000 Metric Tons (MT) total of commercial nuclear utilities licensed assemblies, failed fuel and fuel debris, Uranium and Mixed-Oxide (MOX) in pursuant to 10 CFR Part 50 , including as allowed by Materials License SNM- the form of intact spent fuel those stored under either a Part 50 2510, Amendment 4; Table 1-1c or assemblies, damaged fuel assemblies, general license or Part 72 specific Table 1-1j of Certificate of Compliance failed fuel assemblies, and fuel debris.

license, and associated fuel assembly No. 1004, Amendments 3 through 13; In addition, the cumulative amount of control components and associated Table 1-1t of Certificate of Compliance material received and accepted during radioactive materials related to the No. 1004, Amendments 10 through 13; the licensed term of the facility may not receipt, transfer, and storage of that Section 2.1 of Certificate of exceed 5,000 MT of Uranium plus spent nuclear fuel. Compliance No. 1029, Amendments 0, MOX.

1, and 3; Section B 2.1 of Certificate of Compliance No. 1025, Amendments 0 through 6; Section B 2.1.2 of Certificate of Compliance No. 1015, Amendments 0 through 5; Table B 2-1 of Certificate of Compliance No. 1031, Amendments 0 through 3 Revision 1, and 4 through 5, modified as described in Condition 9 below.

B. Greater than Class C Waste, reactor B. Greater than Class C Waste, as B. 231.3 MT (510,000 pounds) of Greater related material generated as a result activated and potentially surface than Class C Waste.

of plant operations and contaminated metals comprised of decommissioning where radionuclide miscellaneous solid waste resulting concentration limits of Class C waste in from segmentation and 10 CFR 61.55 are exceeded. decommissioning processes.

Case: 21-60743 Document: 00516194174 Page: 15 Date Filed: 02/07/2022 NRC FORM 558 U.S. NUCLEAR REGULATORY COMMISSION PAGE 2 of 3 PAGES (10-2000) 10 CFR 72 License No. Amendment No.

LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR SNM-2515 0 FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Docket or Reference No.

SUPPLEMENTARY SHEET 72-1050

9. Authorized Use: The material identified in 6.A, 6.B, 7.A and 7.B above is authorized for receipt, possession, storage, and transfer at the WCS Consolidated Interim Storage Facility (WCS CISF),

as described in the WCS CISF Final Safety Analysis Report (FSAR) as updated. Storage of fuel is authorized only in canisters referenced in Section 2.1 of the Attachment, Appendix A Technical Specifications and all fuel with assembly average burnup greater than 45 GWd/MTHM shall be canned inside the canister.

10. Authorized Place of Use: The licensed material is to be received, possessed, transferred, and stored at the WCS CISF, geographically located within Andrews County, Texas.
11. The Technical Specifications contained in the Appendix attached hereto are incorporated into the license. The Licensee shall operate the installation in accordance with the Technical Specifications in the Appendix.
12. The licensee shall follow WCS ERP-100, Consolidated Emergency Response Plan, Revision 02 2019, and as it may be further revised in accordance with 10 CFR 72.44(f).
13. The Licensee shall:

(1) follow the Physical Protection Plan entitled, "WCS Consolidated Interim Storage Facility (CISF) Physical Security Plan, Revision 5, dated September 18, 2019, as well as changes made in accordance with 10 CFR 72.44(e) and 72.186(b);

(2) follow the Training and Qualification Plan entitled, "WCS Consolidated Interim Storage Facility (CISF) Training and Qualification Plan Appendix B to the CISF Physical Security Plan, dated September 18, 2019, as well as changes made in accordance with 10 CFR 72.44(e) and 72.186(b);

(3) follow the Safeguards Contingency Plan entitled "WCS Consolidated Interim Storage Facility (CISF) Safeguards Contingency Plan Appendix C to the CISF Physical Security Plan, dated September 18, 2019, as well as changes made in accordance with 10 CFR 72.44(e) and 72.186(b);

(4) follow the Additional Security Measures for the Physical Protection of Dry Independent Spent Fuel Storage Installations, dated September 28, 2007; and (5) follow the Additional Security Measures for Access Authorization and Fingerprinting at Independent Spent Fuel Storage Installations, dated December 19, 2007.

14. Construction of the WCS CISF shall not commence before funding (equity, revenue, and debt) is fully committed that is adequate to construct a facility with the initial capacity as specified by the Licensee to the NRC. Construction of any additional capacity beyond the initial capacity amount shall commence only after funding is fully committed that is adequate to construct such additional capacity.
15. The Licensee shall, in its contracts with clients:

(1) include provisions requiring clients to retain title to the material identified in 6.A, 6.B, 7.A or 7.B, and include provisions allocating legal and financial liability among the Licensee and the client(s);

(2) include provisions requiring clients to periodically provide credit information, and, when necessary, additional financial assurances such as guarantees, prepayment, or payment bond(s);

(3) include a provision requiring the Licensee not to terminate the license prior to furnishing storage services covered by the contract.

16. The Licensee shall obtain onsite and offsite insurance coverage in the amounts committed to by ISP in the ISP license application.

Case: 21-60743 Document: 00516194174 Page: 16 Date Filed: 02/07/2022 NRC FORM 558 U.S. NUCLEAR REGULATORY COMMISSION PAGE 3 of 3 PAGES (10-2000) 10 CFR 72 License No. Amendment No.

LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR SNM-2515 0 FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Docket or Reference No.

SUPPLEMENTARY SHEET 72-1050

17. To conform with the requirements of 10 CFR 72.42, the Licensee shall submit a request for license amendment(s) to incorporate any technically applicable provisions of the Aging Management Programs (AMPs) and Time-Limited Aging Analyses (TLAAs) approved in future renewals of NAC Systems CoCs 1015 and 1025 and 1031, for all applicable NAC spent fuel canisters and storage overpacks.

The Licensee shall submit the amendment request(s) within 120 days of the effective date of the applicable CoC approval. In the event that the current CoC holder for CoC 1015 and/or 1025 and/or 1031 does not submit a timely renewal as defined in 10 CFR Part 72.240, the Licensee shall submit a license amendment request, incorporating AMP and TLAA information compliant with 10 CFR 72.42, within one (1) year following the timely renewal deadline defined in 10 CFR 72.240(b) for the applicable CoC.

18. The Licensee shall submit a startup plan as described in Chapter 13 of the WCS CISF FSAR, as updated, to the NRC at least 90 days prior to receipt and storage of the material identified in 6.A, 6.B, 7.A or 7.B at the facility.
19. Prior to commencement of operations, the Licensee shall have an executed contract with the U.S. Department of Energy (DOE) or other SNF Title Holder(s) stipulating that the DOE or the other SNF Title Holder(s) is/are responsible for funding operations required for storing the material identified in 6.A, 6.B, 7.A or 7.B at the CISF as licensed by the U.S. Nuclear Regulatory Commission.
20. Prior to receipt of the material identified in 6.A, 6.B, 7.A or 7.B, the Licensee shall have a financial assurance instrument required pursuant to 10 CFR 72.30 acceptable to the U.S.

Nuclear Regulatory Commission.

21. This license is effective as of the date of issuance shown below.

FOR THE NUCLEAR REGULATORY COMMISSION Shana R. Helton, Director Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Date of Issuance September 13, 2021 Attachments: Appendix A -WCS Consolidated Interim Storage Facility Technical Specifications

Case: 21-60743 Document: 00516194174 Page: 17 Date Filed: 02/07/2022 Tab 4: Record of Decision

Case: 21-60743 Document: 00516194174 Page: 18 Date Filed: 02/07/2022 RECORD OF DECISION U.S. NUCLEAR REGULATORY COMMISSION RECORD OF DECISION INTERIM STORAGE PARTNERS LLC LICENSE APPLICATION FOR A CONSOLIDATED INTERIM STORAGE FACILITY, ANDREWS COUNTY, TEXAS Introduction The U.S. Nuclear Regulatory Commission (NRC) staff prepared this record of decision (ROD) for the proposed Interim Storage Partners LLC (ISP) consolidated interim storage facility (CISF) in Andrews County, Texas. This ROD satisfies Section 51.102(a) of Title 10 of the Code of Federal Regulations (10 CFR), which states that [a] Commission decision on any action for which a final environmental impact statement has been prepared shall be accompanied by or include a concise public record of decision.

In July 2021, the NRC staff issued a final Environmental Impact Statement (FEIS) (NRC, 2021b) for ISPs license application to construct and operate a proposed Waste Control Specialists (WCS) CISF (ISP, 2018a, 2018b, 2020a, 2020b, and 2021). In the FEIS, the NRC staff, in accordance with 10 CFR 51.91(d), sets forth its recommendation, pursuant to the National Environmental Policy Act of 1969, as amended (NEPA), regarding the proposed action.

The NRC staff recommended that, subject to the determinations in the staffs safety review of the application, the proposed license be issued to ISP to construct and operate a CISF at the proposed location to temporarily store up to 5,000 metric tons of uranium (MTUs) [5,500 short tons] of spent nuclear fuel (SNF) for a licensing period of 40 years (NRC, 2021b). The NRC staff has prepared this ROD in accordance with NRC regulations at 10 CFR Sections 51.102(b) and 51.103(a)(1)-(4). In addition, in accordance with 10 CFR Section 51.103(c), this ROD incorporates by reference the materials contained in the FEIS (NRC, 2021b).

The Decision This ROD documents the NRC staffs decision to issue a license to ISP for the proposed WCS CISF in Andrews County, Texas (NRC, 2021a). The license authorizes ISP to construct and operate its facility as proposed in its license application and under the conditions in its NRC license.

After weighing the impacts of the proposed action and comparing them to the No-Action alternative, the NRC staff, in accordance with 10 CFR 51.91(d), set forth its NEPA recommendation regarding the proposed action. The NRC staff recommended that, subject to the determinations in the staffs safety review of the application, the proposed license be issued to ISP to construct and operate a CISF at the proposed location to temporarily store up to 5,000 MTUs [5,500 short tons] of SNF for a licensing period of 40 years. The staff based its conclusion on (i) review of the ISP license application, which includes the Environmental Report (ER) and supplemental documents (ISP, 2018a, 2018b, 2020a, 2020b, and 2021), and ISPs responses to the NRC staffs requests for additional information (RAIs) (ISP, 2019a and 2019b);

(ii) consultation with Federal, State, tribal, and local agencies and input from other stakeholders, including public comment on the draft EIS; (iii) independent NRC staff review; and (iv) the assessments provided in the FEIS.

In its safety and security review, the NRC staff determined that the application met the applicable NRC regulations in 10 CFR Part 72, Licensing Requirements for the Independent

Case: 21-60743 Document: 00516194174 Page: 19 Date Filed: 02/07/2022 Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste. In issuing a materials license to ISP for the WCS CISF, the NRC determined that there is reasonable assurance that: (i) the activities authorized by the license can be conducted without endangering the health and safety of the public; and (ii) these activities will be conducted in compliance with the applicable regulations of 10 CFR Part 72.

The NRC further determined that issuance of the license will not be inimical to the common defense and security.

Background

In accordance with the NRCs NEPA-implementing regulations in 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, the NRC staff prepares a site-specific EIS for the issuance of a license pursuant to 10 CFR Part 72 for the storage of spent fuel in an independent spent fuel storage installation (ISFSI) at a site not occupied by a nuclear power reactor (10 CFR 51.20(b)(9)). In this instance, the NRCs major Federal action is to decide whether to issue a license authorizing ISP to construct and operate the WCS CISF for a 40-year license term.

The WCS CISF would store up to 5,000 MTUs [5,500 short tons] of SNF and Greater-Than-Class-C (GTCC) waste, along with a small quantity of mixed oxide (MOX) fuel (collectively referred to as SNF in the FEIS and in this ROD), which would originate from commercial nuclear reactor facilities in the United States, for a 40-year period at the site in Andrews County, Texas.

During operation, the WCS CISF would receive SNF from decommissioned and decommissioning reactor sites, as well as from operating reactors prior to decommissioning (NRC, 2021b).

The WCS CISF would be built and operated on an approximately 130-hectare (ha) [320-acre (ac)] project area within a 5,666-ha [14,000-ac] parcel of land that is controlled by ISP joint venture member WCS in Andrews County, Texas. In addition, construction of the rail sidetrack, site access road, and construction laydown area would contribute an additional area of disturbed soil such that the total disturbed area for construction of the WCS CISF would be approximately 133 ha [330 ac]. The project area would be located north of WCSs existing waste management facilities and controlled by ISP through a long-term lease from WCS (NRC, 2021b).

ISP would store SNF in six existing dual-purpose canister-based dry cask storage systems (DCSS) designed by TN Americas or NAC International. The 6 DCSS (3 from TN Americas and 3 from NAC International) consist of 11 different SNF canisters and 5 different GTCC waste canisters stored in 5 overpacks. SNF is stored horizontally in the TN Americas systems and vertically in the NAC International systems. The TN Americas and NAC International DCSS listed in the FEIS have been previously approved by the NRC for independent storage of SNF, GTCC, and a small amount of MOX fuel, pursuant to requirements in 10 CFR Part 72.

In addition, the NRC approved both the TN Americas and NAC International systems for storage of SNF transported in canisters pursuant to the requirements in 10 CFR Part 71, Packaging and Transportation of Radioactive Material.

Public Comments On November 14, 2016 (81 FR 79531), the NRC staff published in the Federal Register a notice of intent to prepare an EIS and to conduct an environmental scoping process. The NRC staff invited potentially affected Federal, State, tribal, and local governments; organizations; and 2

Case: 21-60743 Document: 00516194174 Page: 20 Date Filed: 02/07/2022 members of the public to provide comments in the environmental scoping process and review.

The initial scoping period closed on April 28, 2017. During this time, the NRC staff hosted four public scoping meetings, one in Hobbs, New Mexico, on February 13, 2017; a second in Andrews, Texas, on February 15, 2017; and two in Rockville, Maryland, on February 23, 2017 and April 6, 2017. Following a suspension of NRCs review at the applicants request, ISP submitted a revised license application in June and July 2018 (ISP, 2018a). On September 4, 2018 (83 FR 44922), the NRC staff reopened the scoping period for the ISP license application.

The reopened scoping period closed on November 19, 2018. The NRC staff issued a scoping summary report in October 2019 (NRC, 2019).

On May 4, 2020, the NRC staff issued the draft Environmental Impact Statement for Interim Storage Partners LLCs License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Andrews County, Texas (NRC, 2020).

A 120-day comment period began on May 8, 2020, when the U.S. Environmental Protection Agency (EPA) published a Notice of Availability in the Federal Register (85 FR 27412) of the draft EIS to allow members of the public and agencies time to comment on the results of the draft EIS. On July 22, 2020. the NRC staff extended the comment period an additional 60 days to close on November 3, 2020 (85 FR 44330). Additionally, the NRC staff held public meetings on October 1, 6, 8, and 15, 2020, to discuss the preliminary findings in the draft EIS, with transcripts of these meetings available at the NRC public project webpage:

https://www.nrc.gov/waste/spent-fuel-storage/cis/waste-control-specialist.html.

Responses to all public comments received during the draft EIS comment period are included in Appendix D to the FEIS.

Alternatives Considered In its environmental review, the NRC staff evaluated the environmental consequences of the proposed action (i.e., authorizing the construction and operation of the WCS CISF), and the environmental consequences of the No-Action alternative (i.e., not licensing the WCS CISF).

FEIS Chapter 2, Proposed Action and Alternatives, and Chapter 4, Environmental Impacts, present the NRC staffs evaluation and analysis of the environmental impacts of the proposed action and the No-Action alternative that were considered, as well as those alternatives that were eliminated from detailed study (NRC, 2021b). The NRC staff discusses the reasons for eliminating these alternatives in Section 2.3 of the FEIS. These alternatives included (1) storage of SNF at a government-owned CISF operated by the U.S. Department of Energy (Section 2.3.1); (2) alternative design or storage technologies (Section 2.3.2); and (3) alternative CISF locations (Section 2.3.3).

After weighing the impacts of the Proposed Action, comparing them to the No-Action alternative, and conducting a safety and security review of the Proposed Action, the NRC staff determined that the NRC should issue a license for the proposed WCS CISF project. The NRC staff based its decision on: (i) review of ISPs license application (ISP, 2018a, 2018b, 2020a, 2020b, and 2021), which includes the ER and supplemental documents, and ISPs responses to the NRC staff RAIs (ISP, 2019a and 2019b); (ii) consultation with Federal, State, tribal, and local agencies and input from other stakeholders, including public comment on the draft EIS (see Appendix D in the FEIS); (iii) independent NRC staff review; (iv) the assessments in the FEIS (NRC, 2021b); and (v) the NRC staffs assessments in the Final Safety Evaluation Report (NRC, 2021c) for the WCS CISF.

3

Case: 21-60743 Document: 00516194174 Page: 21 Date Filed: 02/07/2022 Mitigation Measures The NRC has taken all practicable measures within its jurisdiction to avoid or minimize environmental harm from the proposed action (license issuance). The applicant has committed to a number of mitigation measures as described in Table 6.3-1 of the FEIS (NRC, 2021b).

As documented in the FEIS, the NRC determined that impacts to most resource areas would be SMALL (i.e., not detectable or minor), with SMALL to MODERATE beneficial impacts for local finance and MODERATE impacts (i.e., sufficient to alter noticeably, but not to destabilize, important attributes of the resource) for vegetation, population growth, and employment (NRC, 2021b). The NRC is not imposing any license conditions in connection with mitigation measures for the licensing of the WCS CISF. ISP is subject to requirements including permits, authorizations, and regulatory orders imposed by other Federal, State, and local agencies governing facility construction and operation. ISPs monitoring programs for the proposed project are described in Chapter 7 of the FEIS (NRC, 2021b).

References 10 CFR Part 51. Code of Federal Regulations, Title 10, Energy, Part 51, Environmental Protection Regulation for Domestic Licensing and Related Regulatory Functions. Washington, DC: U.S. Government Publishing Office.

10 CFR Part 71. Code of Federal Regulations, Title 10, Energy, Part 71, Packaging and Transportation of Radioactive Material. Washington, DC: U.S. Government Publishing Office.

10 CFR Part 72. Code of Federal Regulations, Title 10, Energy, Part 72. Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste. Washington, DC: U.S. Government Publishing Office.

85 FR 44330. Federal Register. Vol. 85, No. 141, pp. 44,330-44,332. Interim Storage Partners Consolidated Interim Storage Facility Project. July 22, 2020.

85 FR 27412. Federal Register. Vol. 85, No. 90, pp. 27,412-27,413. Environmental Impact Statements: Notice of Availability. May 8, 2020.

83 FR 44922. Federal Register. Vol. 83, No. 171, pp. 44,922-44,923, Interim Storage Partners LLCs Consolidated Interim Spent Fuel Storage Facility. September 4, 2018.

82 FR 8771. Federal Register. Vol. 82, No. 18, pp. 8,771-8,773, Waste Control Specialists LLCs Consolidated Interim Spent Fuel Storage Facility Project. January 30, 2017.

81 FR 79531. Federal Register. Vol. 81, No. 219, pp. 79,531-79,534, Waste Control Specialists LLCs Consolidated Interim Spent Fuel Storage Facility Project. November 14, 2016.

ISP. Interim Storage Partners, LLC, Submittal of Revision 5 of the Safety Analysis Report and Revision 4 of the License Application for the WCS CISF. ADAMS Accession No. ML21105A766. Andrews, Texas: Interim Storage Partners LLC. 2021.

4

Case: 21-60743 Document: 00516194174 Page: 22 Date Filed: 02/07/2022 ISP. WCS Consolidated Interim Spent Fuel Storage Facility Environmental Report, Docket No.

72-1050, Revision 3. ADAMS Accession No. ML20052E144. Andrews, Texas: Interim Storage Partners LLC. 2020a.

ISP. Supplemental Information in Support of NRCs Environmental Review, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002. ADAMS Accession No. ML20071F153. Andrews, Texas: Interim Storage Partners LLC. 2020b.

ISP. Interim Storage Partners, LLC., Submission of Draft Responses for Several RAls and Associated Document Markups from First Request for Additional Information, Part 2. ADAMS Accession No. ML19252A132 Package. 2019a.

ISP. Submission of RAIs and Associated Document Markups from First Request for Additional Information, Part 3, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002, Part 3. ADAMS Accession No. ML19337B502. Andrews, Texas: Interim Storage Partners LLC. 2019b.

ISP.

Subject:

Submittal of License Application Revision 2 and Request to Restart Review of Application for Approval of the WCS CISF, Docket 72-1050. ADAMS Accession No. ML18206A482. Letter from J.D. Isakson, Interim Storage Partners LLC to Director, Division of Spent Fuel Management, U.S. Nuclear Regulatory Commission. Andrews, Texas: Interim Storage Partners LLC. 2018a.

ISP. Interim Storage Partners LLC License Application, Docket No. 72-1050, Revision 2.

ADAMS Accession No. ML18206A483. Andrews, Texas: Interim Storage Partners LLC. 2018b.

NRC. Materials License SNM-2515, Interim Storage Partners, WCS Consolidated Interim Storage Facility ISFSI. ADAMS Accession No. ML21188A099. September 13, 2021; Washington, DC: U.S. Nuclear Regulatory Commission. 2021a.

NRC. NUREG-2239, Environmental Impact Statement for Interim Storage Partners LLCs License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Andrews County, Texas - Final Report. ML21209A955. July 2021; Washington, DC:

U.S. Nuclear Regulatory Commission. 2021b.

NRC. Final Safety Evaluation Report for the WCS Consolidated Interim Storage Facility Independent Spent Fuel Storage Installation Specific Materials License No. SNM-2515.

ML21188A101. September 2021; Washington, DC: U.S. Nuclear Regulatory Commission.

2021c.

NRC. NUREG-2239, Environmental Impact Statement for Interim Storage Partners LLCs License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Andrews County, Texas - Draft Report for Comment. ML20122A220. May 2020.

Washington, DC: U.S. Nuclear Regulatory Commission. 2020.

5

Case: 21-60743 Document: 00516194174 Page: 23 Date Filed: 02/07/2022 NRC. Environmental Impact Statement Scoping Process Summary Report, the ISP CISF Environmental Impact Statement Public Scoping Period. ADAMS Accession No. ML19161A150. Washington, DC: U.S. Nuclear Regulatory Commission. 2019.

Dated at Rockville, MD, this 13th day of September 2021, APPROVED BY:

Signed by Tappert, John on 09/13/21 John R. Tappert, Director Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards 6

Case: 21-60743 Document: 00516194174 Page: 24 Date Filed: 02/07/2022 Tab 5: Record of Decision, 86 Fed. Reg. 51926 (Sept. 17, 2021)

Case: 21-60743 Document: 00516194174 Page: 25 Date Filed: 02/07/2022 51926 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices comments from private citizens and by webcast at the Web addresshttps:// Secretary, Washington, DC 20555, at industry organizations. The NRC staffs video.nrc.gov/. 301-415-1969, or by email at evaluation and resolution of the public Tyesha.Bush@nrc.gov or Betty.Thweatt@

Friday, October 8, 2021 comments are documented in ADAMS nrc.gov.

under Accession No. ML21211A578. 10:00 a.m. Meeting with the Advisory The NRC is holding the meetings Committee on Reactor Safeguards under the authority of the Government III. Congressional Review Act (Public Meeting); (Contact: Larry in the Sunshine Act, 5 U.S.C. 552b.

NUREG-1021, Revision 12, is a rule Burkhart: 301-287-3775) Dated: September 15, 2021.

as defined in the Congressional Review Additional Information: Due to For the Nuclear Regulatory Commission.

Act (5 U.S.C. 801-808). However, the COVID-19, there will be no physical Wesley W. Held, Office of Management and Budget has public attendance. The public is invited not found it to be a major rule as Policy Coordinator, Office of the Secretary.

to attend the Commissions meeting live defined in the Congressional Review [FR Doc. 2021-20296 Filed 9-15-21; 4:15 pm]

by webcast at the Web addresshttps://

Act. video.nrc.gov/. BILLING CODE 7590-01-P Dated: September 14, 2021. Week of October 11, 2021Tentative For the Nuclear Regulatory Commission. NUCLEAR REGULATORY There are no meetings scheduled for Christian B. Cowdrey, COMMISSION the week of October 11, 2021.

Chief, Operator Licensing and Human Factors Week of October 18, 2021Tentative [Docket No. 72-1050; NRC-2016-0231]

Branch, Division of Reactor Oversight, Office of Nuclear Reactor Regulation.

There are no meetings scheduled for Interim Storage Partners, LLC; WCS

[FR Doc. 2021-20171 Filed 9-16-21; 8:45 am] the week of October 18, 2021. Consolidated Interim Storage Facility; BILLING CODE 7590-01-P Issuance of Materials License and Week of October 25, 2021Tentative Record of Decision Thursday, October 28, 2021 NUCLEAR REGULATORY AGENCY: Nuclear Regulatory COMMISSION 10:00 a.m. Meeting with the Commission.

Organization of Agreement States ACTION: License and record of decision;

[NRC-2021-0001] and the Conference of Radiation issuance.

Control Program Directors (Public Sunshine Act Meetings Meeting); (Contact: Celimar

SUMMARY

The U.S. Nuclear Regulatory TIME AND DATE: Weeks of September 20, Valentin-Rodriguez: 301-415-7124) Commission (NRC) has issued Materials 27, October 4, 11, 18, 25, 2021. Additional Information: Due to License No. SNM-2515 to Interim COVID-19, there will be no physical Storage Partners, LLC (ISP) to construct PLACE: Commissioners Conference public attendance. The public is invited and operate the WCS Consolidated Room, 11555 Rockville Pike, Rockville, Interim Storage Facility (CISF) as to attend the Commissions meeting live Maryland. proposed in its license application, as by webcast at the Web addresshttps://

STATUS: Public. video.nrc.gov/. amended, and to receive, possess, store, MATTERS TO BE CONSIDERED: CONTACT PERSON FOR MORE INFORMATION: and transfer spent nuclear fuel and For more information or to verify the Greater-than-Class-C radioactive waste Week of September 20, 2021 status of meetings, contact Wesley Held at the WCS CISF in Andrews County, There are no meetings scheduled for at 301-287-3591 or via email at Texas. ISP will be required to operate the week of September 20, 2021. Wesley.Held@nrc.gov. The schedule for under the conditions listed in Materials Week of September 27, 2021Tentative Commission meetings is subject to License No. SNM-2515. The NRC staff change on short notice. has published a record of decision Thursday, September 30, 2021 The NRC Commission Meeting (ROD) that supports the NRCs decision 9:00 a.m. Strategic Programmatic Schedule can be found on the internet to approve ISPs license application for Overview of the Operating Reactors at: https://www.nrc.gov/public-involve/ the WCS CISF and to issue the license.

and New Reactors Business Lines public-meetings/schedule.html. DATES: September 17, 2021.

(Public Meeting); (Contact: Candace The NRC provides reasonable ADDRESSES: Please refer to Docket ID De Messieres: 301-415-8395) accommodation to individuals with NRC-2016-0231 when contacting the Additional Information: Due to disabilities where appropriate. If you NRC about the availability of COVID-19, there will be no physical need a reasonable accommodation to information regarding this document.

public attendance. The public is invited participate in these public meetings or You may access publicly available to attend the Commissions meeting live need this meeting notice or the information related to this document by webcast at the Web addresshttps:// transcript or other information from the using any of the following methods:

video.nrc.gov/. public meetings in another format (e.g.,

  • Federal Rulemaking Website: Go to braille, large print), please notify Anne https://www.regulations.gov and search Week of October 4, 2021Tentative Silk, NRC Disability Program Specialist, for Docket ID NRC-2016-0231. Address Tuesday, October 5, 2021 at 301-287-0745, by videophone at questions about Docket IDs in 240-428-3217, or by email at Regulations.gov to Stacy Schumann; 10:00 a.m. Meeting with the Advisory Anne.Silk@nrc.gov. Determinations on telephone: 301-415-0624; email:

Committee on the Medical Uses of requests for reasonable accommodation Stacy.Schumann@nrc.gov. For technical Isotopes (Public Meeting); (Contact: will be made on a case-by-case basis. questions, contact the individual listed Don Lowman: 301-415-5452) Members of the public may request to in the FOR FURTHER INFORMATION Additional Information: Due to receive this information electronically. CONTACT section of this document.

COVID-19, there will be no physical If you would like to be added to the

  • NRCs Agencywide Documents public attendance. The public is invited distribution, please contact the Nuclear Access and Management System to attend the Commissions meeting live Regulatory Commission, Office of the (ADAMS): You may access publicly VerDate Sep<11>2014 16:19 Sep 16, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1

Case: 21-60743 Document: 00516194174 Page: 26 Date Filed: 02/07/2022 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 51927 available documents online in the 51.102 paragraph (a) of title 10 of the safety evaluation report, final EIS, and ADAMS Public Documents collection at Code of Federal Regulations (10 CFR), ROD.

https://www.nrc.gov/reading-rm/ which requires that a Commission ISPs request for a materials license adams.html. To begin the search, select decision on any action for which a final was previously noticed in the Federal Begin Web-based ADAMS Search. For environmental impact statement (EIS) Register on November 14, 2016 (81 FR problems with ADAMS, please contact has been prepared be accompanied by 79531). A notice of docketing with an the NRCs Public Document Room (PDR) or include a concise public ROD. As opportunity to request a hearing and to reference staff at 1-800-397-4209, 301- discussed in the ROD and the final EIS petition for leave to intervene was 415-4737, or by email to pdr.resource@ for ISPs license application for a CISF published in the Federal Register on nrc.gov. The ADAMS accession number for spent nuclear fuel in Andrews January 30, 2017 (82 FR 8773). Four for each document referenced (if it is County, Texas (ADAMS Accession No.

groups of petitioners filed petitions to available in ADAMS) is provided the ML21209A955), the NRC staff intervene. An Atomic Safety and first time that it is mentioned in this considered a range of reasonable document. In addition, for the alternatives that included the No-Action Licensing Board considered petitions convenience of the reader, the ADAMS alternative, as required by the National and admitted one contention. The Board accession numbers are provided in a Environmental Policy Act of 1969, as subsequently dismissed the contention table in the section of this document amended; storage at a government- as moot after ISP supplemented its entitled, SUPPLEMENTARY INFORMATION. owned CISF; alternative design and application with information that the

  • Attention: The PDR, where you may storage technologies; and alternative contention had noted was missing, and examine and order copies of public locations. The final EIS documents the the Board subsequently terminated the documents, is currently closed. You environmental review, including the adjudicatory proceeding. Intervenors may submit your request to the PDR via NRC staffs recommendation to issue an appealed the decisions to the email at pdr.resource@nrc.gov or call 1- NRC license to ISP to construct and Commission, and the Commission 800-397-4209 or 301-415-4737, operate a CISF for spent nuclear fuel at affirmed the Board decisions, with one between 8:00 a.m. and 4:00 p.m. (ET), the proposed location, subject to the new contention remanded to the Board Monday through Friday, except Federal determinations in the NRC staffs safety for consideration. The Board holidays. review of the application. The final EIS subsequently dismissed the remanded FOR FURTHER INFORMATION CONTACT: conclusion is based on the NRC staffs contention, and the Commission denied John-Chau Nguyen, Office of Nuclear independent environmental review, as an appeal of the Board decision.

Material Safety and Safeguards, U.S. well as (i) the license application, which In issuing a materials license to ISP Nuclear Regulatory Commission, includes the environmental report and for the WCS CISF, the NRC has Washington, DC 20555-0001; telephone: supplemental documents and ISPs determined based on its review of this 301-415-0262; email: John- responses to the NRC staffs requests for application that there is reasonable Chau.Nguyen@nrc.gov. additional information; (ii) consultation assurance that: (i) The activities SUPPLEMENTARY INFORMATION: with Federal, State, Tribal, and local authorized by the license can be agencies and input from other conducted without endangering the I. Discussion stakeholders, including members of the health and safety of the public; and (ii)

The NRC has issued a license to ISP public; and (iii) the assessments these activities will be conducted in for its WCS CISF in Andrews County, provided in the final EIS. compliance with the applicable Texas (ADAMS Package Accession No. The NRC staff prepared a final safety regulations of 10 CFR part 72. The NRC ML21188A096). Materials License No. evaluation report that documents the has further determined that the issuance SNM-2515 authorizes ISP to construct staffs safety and security review of the of the license will not be inimical to the and operate its facility as proposed in its application (ADAMS Accession No. common defense and security.

license application, as amended, and to ML21188A101). The staffs safety and security review found that the In accordance with 10 CFR 2.390 of receive, possess, store, and transfer application met applicable NRC the NRCs Rules of Practice, the spent nuclear fuel, including a small regulations in 10 CFR part 72, details with respect to this action, quantity of mixed-oxide fuel, and Licensing Requirements for the including the final safety evaluation Greater-than-Class-C radioactive waste at the WCS CISF. The license authorizes Independent Storage of Spent Nuclear report and accompanying ISP to store up to 5,000 metric tons of Fuel, High-Level Radioactive Waste, and documentation and license, are uranium [5,500 short tons] of spent Reactor-Related Greater than Class C available electronically in the ADAMS nuclear fuel for a license period of 40 Waste. Public Documents collection at https://

years. ISP will be required to operate Documents related to the application www.nrc.gov/reading-rm/adams.html.

under the conditions listed in Materials carry Docket ID NRC-2016-0231. These From this site, you can access ADAMS, License No. SNM-2515. documents for the ISP license include which provides text and image files of The NRC staffs ROD that supports the the license application, the applicants the NRC public documents.

NRCs decision to approve ISPs license safety analysis report, emergency plan, II. Availability of Documents application for the WCS CISF and to physical security plan, environmental issue Materials License No. SNM-2515 report, updates to these documents, and The documents identified in the is available in ADAMS under Accession applicant supplements and responses to following table are available to No. ML21222A214. The ROD satisfies NRC staff requests for additional interested persons through one or more the regulatory requirement in section information, and the NRC staffs final of the following methods, as indicated.

Document ADAMS accession No.

1. Initial application, safety analysis report (SAR) and environmental report (ER), dated April 28, 2016 .................... ML16133A070 (Package).
2. Application Revision 1, SAR Revision 1, and ER Revision 1, dated March 16, 2017 .............................................. ML17082A021 (Package).
3. Application Revision 2, SAR Revision 2, and ER Revision 2, dated July 19, 2018 ................................................. ML18206A595 (Package).
4. ER Revision 3, dated February 17, 2020 .................................................................................................................. ML20052E144 (Package).

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Case: 21-60743 Document: 00516194174 Page: 27 Date Filed: 02/07/2022 51928 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices Document ADAMS accession No.

5. SAR Revision 3, dated May 22, 2020 ........................................................................................................................ ML20150A337 (Package).
6. Application Revision 3, dated August 24, 2020 ......................................................................................................... ML20237F470.
7. SAR Revision 4, September 2, 2020 ......................................................................................................................... ML20261H419 (Package).
8. Application Revision 4 and SAR Revision 5, dated April 12, 2021 ........................................................................... ML21105A766 (Package).
9. Applicant response to request for additional information, dated July 19, 2018 ........................................................ ML18208A437.
10. Applicant response to request for additional information, dated January 7, 2019 .................................................. ML19009A099.
11. Applicant response to request for additional information, dated March 22, 2019 ................................................... ML19085A055.
12. Applicant response to request for additional information, dated May 31, 2019 ...................................................... ML19156A048 (Package).
13. Applicant response to request for additional information, dated June 26, 2019 ..................................................... ML19197A044.
14. Applicant response to request for additional information, dated June 28, 2019 ..................................................... ML19184A159 (Package).
15. Applicant response to request for additional information, dated June 28, 2019 ..................................................... ML19190A227 (Package).
16. Applicant response to request for additional information, dated July 31, 2019 ...................................................... ML19217A231 (Package).
17. Applicant response to request for additional information, dated August 20, 2019 .................................................. ML19235A157 (Package).
18. Applicant response to request for additional information, dated September 18, 2019 ........................................... ML19270E399.
19. Applicant submittal of supplemental information, dated September 20, 2019 ........................................................ ML19268A113 (Package).
20. Applicant response to request for additional information, dated November 21, 2019 ............................................ ML19337B502 (Package).
21. Applicant response to request for additional information, dated January 6, 2020 .................................................. ML20015A448 (Package).
22. Applicant response to request for additional information, dated January 17, 2020 ................................................ ML20028E843 (Package).
23. Applicant response to request for additional information, dated January 22, 2020 ................................................ ML20028D890 (Package).
24. Applicant response to request for additional information, dated February 14, 2020 .............................................. ML20052D995 (Package).
25. Applicant response to request for additional information, dated February 14, 2020 .............................................. ML20052E047 (Package).
26. Applicant submittal of supplemental information, dated March 5, 2020 .................................................................. ML20071F152 (Package).
27. Applicant response to request for additional information, dated March 16, 2020 ................................................... ML20083J964 (Package).
28. Applicant response to request for additional information, dated April 7, 2020 ........................................................ ML20105A133 (Package).
29. Applicant response to request for additional information, dated April 7, 2020 ........................................................ ML20105A171 (Package).
30. Applicant response to request for additional information, dated May 18, 2020 ...................................................... ML20139A173 (Package).
31. Applicant response to request for additional information, dated June 11, 2020 ..................................................... ML20163A008.
32. Applicant submittal of supplemental information, dated July 21, 2020 ................................................................... ML20203M040.
33. Applicant submittal of supplemental information, dated January 27, 2021 ............................................................. ML21027A147.
34. Draft Environmental Impact Statement, dated May 2020 ........................................................................................ ML20122A220.
35. Overview of the Draft Environmental Impact Statement, dated May 2020 ............................................................. ML20121A016.
36. Overview of the Draft Environmental Impact Statement (Spanish language version), dated May 2020 ................ ML20136A148.
37. Final Environmental Impact Statement, dated July 2021 ........................................................................................ ML21209A955.
38. Overview of the Final Environmental Impact Statement, dated July 2021 .............................................................. ML21200A050.
39. Final Safety Evaluation Report, dated September 2021 ......................................................................................... ML21188A101.
40. NRC Staffs Record of Decision, dated September 13, 2021 ................................................................................. ML21222A214.
41. Materials License for ISP, dated September 13, 2021 ............................................................................................ ML21188A096 (Package).

Dated: September 13, 2021. www.prc.gov. Those who cannot submit Service request, the title of each Postal For the Nuclear Regulatory Commission. comments electronically should contact Service request, the requests acceptance Shana R. Helton, the person identified in the FOR FURTHER date, and the authority cited by the Director, Division of Fuel Management, Office INFORMATION CONTACT section by Postal Service for each request. For each of Nuclear Material Safety and Safeguards. telephone for advice on filing request, the Commission appoints an

[FR Doc. 2021-20092 Filed 9-16-21; 8:45 am] alternatives. officer of the Commission to represent the interests of the general public in the BILLING CODE 7590-01-P FOR FURTHER INFORMATION CONTACT:

proceeding, pursuant to 39 U.S.C. 505 David A. Trissell, General Counsel, at (Public Representative).Section II also 202-789-6820.

establishes comment deadline(s)

POSTAL REGULATORY COMMISSION SUPPLEMENTARY INFORMATION: pertaining to each request.

[Docket Nos. CP2020-171; CP2020-172; Table of Contents The public portions of the Postal CP2020-179; CP2020-182; CP2020-196] Services request(s) can be accessed via I. Introduction the Commissions website (http://

New Postal Product II. Docketed Proceeding(s) www.prc.gov). Non-public portions of AGENCY: Postal Regulatory Commission. I. Introduction the Postal Services request(s), if any, ACTION: Notice. can be accessed through compliance The Commission gives notice that the with the requirements of 39 CFR Postal Service filed request(s) for the

SUMMARY

The Commission is noticing a 3011.301.1 Commission to consider matters related recent Postal Service filing for the to negotiated service agreement(s). The The Commission invites comments on Commissions consideration concerning request(s) may propose the addition or whether the Postal Services request(s) a negotiated service agreement. This removal of a negotiated service in the captioned docket(s) are consistent notice informs the public of the filing, agreement from the market dominant or with the policies of title 39. For invites public comment, and takes other the competitive product list, or the request(s) that the Postal Service states administrative steps. modification of an existing product concern market dominant product(s),

DATES: Comments are due: September currently appearing on the market applicable statutory and regulatory 21, 2021. dominant or the competitive product 1 See Docket No. RM2018-3, Order Adopting ADDRESSES: Submit comments list.

Final Rules Relating to Non-Public Information, electronically via the Commissions Section II identifies the docket June 27, 2018, Attachment A at 19-22 (Order No.

Filing Online system at http:// number(s) associated with each Postal 4679).

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Case: 21-60743 Document: 00516194174 Page: 28 Date Filed: 02/07/2022 Certificate of Service On February 7, 2022, these record excerpts were served via CM/ECF on all reg-istered counsel and transmitted to the Clerk of the Court. Counsel further certifies that: (1) any required privacy redactions have been made in compliance with Fifth Circuit Rule 25.2.13; (2) the electronic submission is an exact copy of the paper doc-ument in compliance with Fifth Circuit Rule 25.2.1; and (3) the document has been scanned with the most recent version of Symantec Endpoint Protection and is free of viruses.

/s/ Michael R. Abrams Michael R. Abrams

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