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MONTHYEARML21209A9552021-07-31031 July 2021 NUREG-2239, Environmental Impact Statement for Interim Storage Partners Llc'S License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Andrews County, Texas Final Report Project stage: Other ML22003A0452021-12-27027 December 2021 NRR E-mail Capture - Screening e-mail - 2.206 Petition Issuance of Interim Storage Partners License SNM-2515 (OEDO-21-00547) Project stage: Approval ML22045A0562022-02-11011 February 2022 NRR E-mail Capture - Initial Assessment - 2.206 Petition Issuance of Interim Storage Partners License SNM-2515 (OEDO-21-00547 EPID L-2021-CRS-0002) Project stage: Approval ML22062A4002022-02-25025 February 2022 OEDO-21-00547 - 10 CFR 2.206 Petition - Petitioner Initial Assessment Response - Revoke Interim Storage Partners Materials License SNM-2515 - Andrews County, Texas Project stage: Other ML23039A0882022-03-25025 March 2022 NRR E-mail Capture - Final Determination - 2.206 Petition Issuance of Interim Storage Partners License SNM-2515 (OEDO-21-00547) Project stage: Approval 2022-02-11
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Category:2.206 Petition
MONTHYEARML22062A4002022-02-25025 February 2022 OEDO-21-00547 - 10 CFR 2.206 Petition - Petitioner Initial Assessment Response - Revoke Interim Storage Partners Materials License SNM-2515 - Andrews County, Texas ML21362A4292021-12-20020 December 2021 2.206 Petition Seeking Revocation of Materials License No. SNM-2515 for the Interim Storage Partners LLC (ISP) Consolidated Interim Storage Facility (CISF) 2022-02-25
[Table view] Category:E-Mail
MONTHYEARML23039A0882022-03-25025 March 2022 NRR E-mail Capture - Final Determination - 2.206 Petition Issuance of Interim Storage Partners License SNM-2515 (OEDO-21-00547) ML22062A4002022-02-25025 February 2022 OEDO-21-00547 - 10 CFR 2.206 Petition - Petitioner Initial Assessment Response - Revoke Interim Storage Partners Materials License SNM-2515 - Andrews County, Texas ML22045A0562022-02-11011 February 2022 NRR E-mail Capture - Initial Assessment - 2.206 Petition Issuance of Interim Storage Partners License SNM-2515 (OEDO-21-00547 EPID L-2021-CRS-0002) ML22003A0452021-12-27027 December 2021 NRR E-mail Capture - Screening e-mail - 2.206 Petition Issuance of Interim Storage Partners License SNM-2515 (OEDO-21-00547) ML21278A4502021-09-23023 September 2021 Email to Michael Ford Re Comments on Final Environmental Impact Statement for Interim Storage Partners' License Application for a Consolidated Interim Storage Facility in Andrews County, Texas ML21278A4832021-09-23023 September 2021 Email to Michael Ford Re Comments on Final Environmental Impact Statement for Interim Storage Partners' License Application for a Consolidated Interim Storage Facility in Andrews County, Texas ML21278A3942021-09-23023 September 2021 Email to Permian Basin Coalition of Land and Royalty Owners and Fasken Land and Minerals, Ltd. Re Comments on Final Environmental Impact Statement for Interim Storage Partners' License Application for a Consolidated Interim Storage Facility ML21278A3872021-09-23023 September 2021 Emails with Texas Riogrande Legal Aid Re Comments on Final Environmental Impact Statement for Interim Storage Partners' License Application for a Consolidated Interim Storage Facility in Andrews County, Texas ML21244A4382021-08-13013 August 2021 Emails Jpark NRC with Jhumphreys Nj DEP Re_ ISP CISF Final CISF ML21244A4452021-08-13013 August 2021 Jisakson Acknowledgement of Jpark NRC Email Re U.S. EPA Notice of Receipt of Nrc'S Feis for ISP CISF Application ML21244A4242021-08-13013 August 2021 NRC Email to WCS Listserv Re U.S EPA Notice of Receipt of NRC Feis for ISP CISF Application ML21244A4292021-08-13013 August 2021 Jpark Email to Local Mayors and Organizations Re U.S. EPA Notice of Receipt of Nrc'S Feis for ISP CISF Application ML21244A4472021-08-13013 August 2021 Aforbes TCEQ Acknowledgement of Jpark NRC Email Re U.S. EPA Notice of Receipt of Nrc'S Feis for ISP CISF Application ML21244A4442021-07-29029 July 2021 Jpark NRC Email to Aforbes TCEQ Re Availability of ISP CISF Final EIS ML21244A4412021-07-29029 July 2021 NRC Email to WCS Listserv Re Issuance of ISP CISF Feis ML21244A2832021-07-29029 July 2021 Jpark NRC Email to Jisakson ISP with Cc'S Transmitting Letter Noticing Availability of ISP CISF Final EIS ML21123A1072021-03-29029 March 2021 Email to Iramirez of Texas Band of Yaqui Indians Re NHPA Section 106 Determination of Effects ML21074A4122021-03-0909 March 2021 Nm Shpo Response Email to NRC ISP CISF NHPA Section 106 Determination of Effects ML21071A2492021-03-0909 March 2021 020321 Email from Jpark NRC to Bmartin Tx Shpo Providing Mwolfe Letter and Attachment ML21070A1722021-03-0303 March 2021 Email to Mkomalty of Kiowa Tribe of Oklahoma Re ISP CISF NHPA Section 106 Determination of Effects ML21070A3632021-03-0303 March 2021 Email to Wnelson of Comanche Nation Re ISP CISF NHPA Section 106 Determination of Effects ML21070A3112021-03-0303 March 2021 Email to Tparton of Wichita and Affiliated Tribes Re ISP CISF NHPA Section 106 Determination of Effects ML21070A3082021-03-0303 March 2021 Email to Rmartin Tonkawa Tribe of Oklahoma Re ISP CISF NHPA Section 106 Determination of Effects ML21070A2132021-03-0303 March 2021 Email to Msilvas of Ysleta Del Sur Pueblo Re ISP CISF NHPA Section 106 Determination of Effect ML21069A1032021-03-0303 March 2021 Email to Bkomardley of Apache Tribe of Oklahoma Re ISP CISF NHPA Section 106 Determination of Effects ML21069A1222021-03-0303 March 2021 Email to Gaguilar of Mescalero Apache Tribe Re ISP CISF NHPA Section 106 Determination of Effects ML21070A3662021-03-0101 March 2021 Emails with Ysleta Del Sur Pueblo Re ISP CISF NHPA Section 106 Determination of Effects ML21074A4192021-03-0101 March 2021 Tx Shpo 030121 Email Providing Comments on ISP CISF NHPA Section 106 Submission ML21196A4962020-10-22022 October 2020 Operator Assisted Audio Conference Call Feedback for 10/1,10/6,10/8, & 10/15/ Meetings ML20289A6402020-10-0808 October 2020 100820 Email from Rebecca Ramsay ISP Deis Public Comments ML20160A1572020-06-0202 June 2020 Email to Rmartin of Tonkawa Tribe of Ok Availability of and Comment Period for Deis for Proposed CISF ML20160A1562020-06-0202 June 2020 Email to Msilvas of Ysleta Del Sur Pueblo Availability of and Comment Period for Deis for Proposed CISF ML20160A1552020-06-0202 June 2020 Email to Mkomalty of Kiowa Tribe of Ok Availability of and Comment Period for Deis for Proposed CISF ML20160A1542020-06-0202 June 2020 Email to Iramirez of Texas Band of Yaqui Indians Availability of and Comment Period for Deis for Proposed CISF ML20160A1532020-06-0202 June 2020 Email to Hhoughten of Mescalero Apache Tribe Availability of and Comment Period for Deis for Proposed CISF ML20160A1522020-06-0202 June 2020 Email to Bkomardley of Apache Tribe of Ok Availability of and Comment Period for Deis for Proposed CISF ML20162A1432020-05-11011 May 2020 Email to Cmaguire of Usepa Availability of and Comment Period for Deis for Proposed CISF ML20162A1522020-05-11011 May 2020 Email to Bhobbs of City of Eunice Availability of and Comment Period for Deis for Proposed ML20162A1512020-05-11011 May 2020 Email to Economic Development Corporation of Lea County Availability of and Comment Period for Deis for Proposed ML20162A1502020-05-11011 May 2020 Email to Vmclean of Tx TCEQ Availability of and Comment Period for Deis for Proposed ML20162A1492020-05-11011 May 2020 Email to Scopeland of City of Andrews Availability of and Comment Period for Deis for Proposed ML20162A1482020-05-11011 May 2020 Email to Saldridge of City of Jal Availability of and Comment Period for Deis for Proposed ML20162A1472020-05-11011 May 2020 Email to Rkellermueller of Nm Dept Game & Fish Availability of and Comment Period for Deis for Proposed ML20162A1462020-05-11011 May 2020 Email to Mhaynes of Andrews Economic Development Corporation Availability of and Comment Period for Deis for Proposed ML20160A1512020-05-11011 May 2020 Email to Bbarcena of Lipan Apache Tribe of Tx Availability of and Comment Period for Deis for Proposed CISF ML20160A1582020-05-11011 May 2020 Email to Tparton of Wichita and Affiliated Tribes Availability of and Comment Period for Deis for Proposed CISF ML20160A1592020-05-11011 May 2020 Email to Wnelson of Comanche Nation Availability of and Comment Period for Deis for Proposed CISF ML20162A1412020-05-11011 May 2020 Email to Jisakson of ISP Availability of and Comment Period for Deis for Proposed CISF ML20162A1422020-05-11011 May 2020 Email to Clemay of Usda Availability of and Comment Period for Deis for Proposed CISF ML20162A1442020-05-11011 May 2020 Email to Cwilliams of Usfws Availability of and Comment Period for Deis for Proposed 2022-03-25
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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.