ML22062A400

OEDO-21-00547 - 10 CFR 2.206 Petition - Petitioner Initial Assessment Response - Revoke Interim Storage Partners Materials License SNM-2515 - Andrews County, Texas

ML22062A400
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	02/25/2022
From:	Ogaz Z State of NM, Office of the Attorney General
To:	Perry Buckberg NRC/NRR/DORL/LPL2-2
Buckberg P
Shared Package
ML21356B483	List: ML22059A926 ML22062A400
References
EPID L-2021-CRS-0002, OEDO-21-00547
Download: ML22062A400 (6)

Text

From: Ogaz, Zachary To: Buckberg, Perry Cc: Wright, Sydnee

Subject:

[External_Sender] Re: Re: Re: 2.206 Petition Initial Assessment - ISP License SNM-2515 Date: Friday, February 25, 2022 12:55:37 PM Thank you for the follow up Perry - NM will not be requesting a public meeting with the PRB on this matter. Let me know if there is anything else you have any questions or comments on.

Zach On Fri, Feb 25, 2022 at 8:46 AM Buckberg, Perry <Perry.Buckberg@nrc.gov> wrote:

Good morning.

Just a reminder that my February 11, 2022, e-mail below requested that you indicate by February 25, 2022, whether you wish to have the public meeting with the PRB.

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 From: Wright, Sydnee <swright@nmag.gov>

Sent: Friday, February 11, 2022 1:34 PM To: Buckberg, Perry <Perry.Buckberg@nrc.gov>

Cc: Ogaz, Zachary <zogaz@nmag.gov>

Subject:

[External_Sender] Re: Re: 2.206 Petition Initial Assessment - ISP License SNM-2515 Great, thank you. We will be in touch when we know our next steps.

CONFIDENTIALITY NOTICE: The information in this e-mail and in any attachment may contain information that is legally privileged. It is intended only for the attention and use of the named recipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. If you received this e-mail in error, please notify sender at the New Mexico Attorney General's Office and delete this message. Thank you.

On Fri, Feb 11, 2022 at 11:30 AM Buckberg, Perry <Perry.Buckberg@nrc.gov> wrote:

Hi Sydnee, You would only need to notify meand then Id coordinate with you (I assume) to find an agreeable date in March.

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 From: Wright, Sydnee <swright@nmag.gov>

Sent: Friday, February 11, 2022 1:24 PM

To: Buckberg, Perry <Perry.Buckberg@nrc.gov>

Cc: Ogaz, Zachary <zogaz@nmag.gov>

Subject:

[External_Sender] Re: 2.206 Petition Initial Assessment - ISP License SNM-2515 Good Morning, Thank you for the update. If we are interested in having this public meeting, do we only need to notify you via email by the deadline or are there any other forms/filings we will need to submit?

CONFIDENTIALITY NOTICE: The information in this e-mail and in any attachment may contain information that is legally privileged. It is intended only for the attention and use of the named recipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. If you received this e-mail in error, please notify sender at the New Mexico Attorney General's Office and delete this message. Thank you.

On Fri, Feb 11, 2022 at 9:52 AM Buckberg, Perry <Perry.Buckberg@nrc.gov> wrote:

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 Zachary Ogaz Assistant Attorney General Consumer and Environmental Protection Division New Mexico Attorney General's Office 201 3rd St NW #300 Albuquerque, NM 87102

CONFIDENTIALITY NOTICE: The information in this e-mail and in any attachment may contain information that is legally privileged. It is intended only for the attention and use of the named recipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. If you received this e-mail in error, please notify sender at the New Mexico Attorney General's Office and delete this message. Thank-you.