ML22153A157

Record Excerpts Jointly Designated by Parties (10th Cir.)(Case No. 21-9593)(Volume 1)

ML22153A157
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	05/26/2022
From:	Andrew Averbach NRC/OGC
To:	US Federal Judiciary, Court of Appeals, 10th Circuit
Shared Package
ML22153A144	List: ML22153A157 ML22153A158 ML22153A159 ML22153A160
References
010110689264, 010110689267, 010110689273, 010110689276, 21-9593
Download: ML22153A157 (36)

Text

Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 1 No. 21-9593 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT STATE OF NEW MEXICO, ex rel. HECTOR H. BALDERAS, Attorney General and the NEW MEXICO ENVIRONMENT DEPARTMENT, Petitioners, v.

NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, On Petition for Review of Action by the Nuclear Regulatory Commission RECORD EXCERPTS JOINTLY DESIGNATED BY PARTIES VOLUME 1 OF 4 ANDREW P. AVERBACH Solicitor Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 (301) 415-1956 andrew.averbach@nrc.gov

Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 2 TABLE OF CONTENTS In the table below, ID number refers to the entry number from the certified index of the record that the NRC filed on December 7, 2021. The numbers (if any) after the periods in the ID number column reflect the number of the document in the electronic package in which the document is stored in the NRCs ADAMS database. These numbers are printed on the bottom right of each page of these excerpts, along with a final number, after the last period, reflecting the page of the .pdf. Thus, page 5.34.1 is the first page of the thirty-fourth document within the ADAMS package associated with Record ID #5. Documents that are not in a package (i.e., that are standalone documents in ADAMS) simply have the ID number, followed by a period and the page number from the associated .pdf.

The entirety of these excerpts has also been separately paginated, beginning with page 1, with the page number appearing in the top right corner. The numbers in the Page column in the table below indicate the page on which each excerpted document begins.

ID number Title Page VOLUME 1 2 License application; withdrawal of notice of 1 opportunity to request a hearing (July 20, 2017) 3 Revised license application; opportunity to request a 4 hearing and to petition for leave to intervene; order imposing procedures (Aug. 29, 2018) 5.3 Waste Control Specialists, LLC, Application for a 10 License for a Consolidated Interim Spent Fuel Storage Facility (Apr. 28, 2016) 5.34 Waste Control Specialists, LLC, Consolidated Interim 13 Fuel Storage Facility Environmental Report, Rev. 0, Cover through Chapter 2 (Apr. 28, 2016)

Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 3 16 Transcript of Environmental Impact Statement - 16 Scoping Process 02/13/2017 Meeting (Feb. 13, 2017) 17 Transcript of Environmental Impact Statement - 18 Scoping Process 02/15/2017 Meeting (Feb. 15, 2017) 21 Transcript of Environmental Impact Statement - 20 Scoping Process 02/23/2017 Meeting (Feb. 23, 2017) 25.8 Waste Control Specialists, LLC's Revision 1 to License 22 Application to Construct and Operate a Consolidated Interim Storage Facility (CISF), Environmental Report, 01 of 27, Cover to Chapter 2 (Mar. 16, 2017) 25.9 Waste Control Specialists, LLC's Revision 1 to License 26 Application to Construct and Operate a Consolidated Interim Storage Facility (CISF), Environmental Report, 02 of 27, Chapter 3, 1 of 4 (March 16, 2017) 25.13 Waste Control Specialists, LLC's Revision 1 to License 28 Application to Construct and Operate a Consolidated Interim Storage Facility (CISF), Environmental Report, 06 of 27, Chapter 4, 1 of 4 (Mar. 16, 2017) 26 Transcript of Environmental Impact Statement - 29 04/06/2017 Public Scoping Meeting (Apr. 6, 2017)

VOLUME 2 31.2 Revision 2 to Application for Approval of the WCS 31 Consolidated Interim Spent Fuel Storage Facility (July 19, 2019) 77 Summary Report of Environmental Impact Statement 35 04/06/2017 Public Scoping Meeting (Oct. 31, 2019) 88.3 Environmental Report Revision 3, Part 1 (Feb. 17, 2000) 37 88.4 Environmental Report Revision 3, Part 2 (Feb. 17, 2000) 41 ii

Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 4 94 Federal Register Notice (May 8, 2020) 54 95.1 Submission of ISP Responses for RAIs and Associated 56 Document Markups from First Request for Additional Information, Parts 2, 3, and 4 (May 18, 2020) 100 Applicant response to request for additional 59 Information (June 11, 2020) 101 Applicant submittal of supplemental information 61 (July 21, 2020) 102 Application Revision 3 (Aug 24, 2020) 63 VOLUME 3 125 Final Environmental Impact Statement (July 2021) 65 VOLUME 4 Incorporated Generic Environmental Impact Statement for Continued 749 into R125 Storage of Spent Nuclear Fuel (September 2014) 128 Letter from Allan Kanner on behalf of Permian Basin 778 Coalition of Land and Royalty Owners and Operators and Fasken Land and Minerals, Ltd.

(Sept. 11, 2021) 129 Record of Decision (Sept. 13, 2021) 813 130.1 Transmittal Letter, Interim Storage Partners, Issuance of 819 Materials License SNM-2515, WCS Consolidated Interim Storage Facility ISFSI (Sept. 13, 2021) 130.2 License Preamble, Materials License SNM-2515 825 (Sept. 13, 2021) 130.3 Materials License SNM-2515 (Sept. 13, 2021) 827 131 Letter from William Grantham, Assistant Attorney 832 General (Sept. 13, 2021) iii

Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 5 132 Letter from James Kenney, Secretary, New Mexico 852 Environment Department (Sept. 14, 2021) 134 Public Final Safety Evaluation Report, Materials License 855 SNM-2515 (Sept. 30, 2021) 645 Comments of Gay Kernan (Feb. 11, 2017) 927 1295 Comments of Governor Michelle Lujan Grisham 929 (Nov. 3, 2020) 1386 Comments of New Mexico Environment Department 933 (Nov. 3, 2020) 1432 Comments of Teresa McDill (Oct. 15, 2020) 942 1484 Comments of Sarah Probst (Nov. 3, 2020) 947 iv

1 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 6 2.1

2 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 7 2.2

3 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 8 2.3

4 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 9 3.1

5 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 10 3.2

6 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 11 3.3

7 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 12 3.4

8 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 13 3.5

9 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 14 3.6

10 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 15 UNITED STATED NUCLEAR REGULATORY COMMISSION WASTE CONTROL SPECIALISTS LLC DOCKET NO. 72-1050 APPLICATION FOR A LICENSE FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY Pursuant to the requirements of Title 10 of the Code of Federal Regulations, Part 72, Waste Control Specialists LLC hereby applies for a license for a Consolidated Interi m Spent Fuel Storage Facility at an away from reactor site located in Andrews County, Texas.

The following individual was responsible for preparing this license application: J .Scott Kirk, CHP This application contains no Restricted Data or other defense information.

WASTE CONTROL SPECIALISTS LLC By J . Scott Kirk, CHP Vice President of Licensing and Regulatory Affairs On this J.51 day of .At2til. 2016, before me, a notary public in and for the State of Texas, personally appeared Rodney Baltzer, Chief Executive Officer and President of Waste Control Specialists LLC, and being first duly sworn acknowledged that he is authorized to execute this document on behalf of Waste Control Specialists LLC, that he knows the contents thereof, and that to the best of his knowledge, information, and belief the statements made herein are true.

Rodney Baltzer, Chief Executive Officer and President of Waste Control Specialists LLC (signature)

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5.3.1

11 WASTE Case:

Appellate CONTROL SPECIALISTS 21-9593 Document:LLC 010110689264 LA CHAPTER Date Filed: 05/26/2022 Page:116 LICENSE APPLICATION CHAPTER 1 GENERAL AND FINANCIAL INFORMATION 1.1 APPLICATION FOR LICENSE Waste Control Specialists LLC (WCS) proposes to construct and operate a Consolidated Interim Storage Facility (CISF) at an away from reactor site located in Andrews County, Texas. The WCS site is located on Texas Highway 176 West, approximately 32 miles west of Andrews, Texas (Figure 1-1).

Figure 1-1 Map Depicting the Location of the CISF in Andrews County, Texas.

The function of the CISF will be to store spent nuclear fuel and reactor-related Greater Than Class C (GTCC) Low-Level Radioactive Waste (LLW) (both are collectively referenced henceforth as spent nuclear fuel) that has been used to generate electricity from commercial nuclear power reactors. The U.S. Department of Energy (DOE) will be contractually responsible for taking title of the spent fuel at the commercial reactors sites and transporting the spent fuel to the CISF, by rail. The reactor-related GTCC LLW will be shipped to the CISF by either road or rail.

Page 1-1 Revision 0 5.3.2

12 WASTE Case:

Appellate CONTROL SPECIALISTS 21-9593 LLC 010110689264 Document: LA CHAPTER Date Filed: 05/26/2022 Page:117 LICENSE APPLICATION The Electric Power Research Institute estimated the operating and labor cost needed to store 5,000 MTU of SNF at an interim consolidated storage facility for 40 years at

$394,612,500. WCS will obtain funds to operate the CISF pursuant to a contract with the DOE. WCS expects that the DOE will be its only customer for storage of 5,000 MTU of SNF. WCS shall not receive SNF until such a contract with the DOE is provided to the NRC as a condition of the license. A proposed license condition is provided in the license application.

1.6.3 Financial Assurance for Decommissioning CISF decommissioning costs will be kept to a minimum by designing and operating the CISF in a manner that minimizes contamination pursuant to 10 CFR 20.1406 and 10 CFR 72.130. Waste canisters will not be opened, so the spent nuclear fuel will not be exposed to the CISF facilities, water, air or the surrounding environment. Therefore, the likelihood of a contamination event is considered very low and unlikely as described in the Safety Analysis Report.

WCS request to provide an alternative to the financial assurance requirements specified in 10 CFR 72.30(e) is based on its intent to collect funds for the decommissioning of equipment, facilities, and land at the CISF pursuant to a contract with the DOE as described in Section 1.7, Exemption, of the License Application. Alternatively, WCS may use a surety bond combined with a conformity external sinking fund as authorized by 10 CFR 72.(e)(3). Payments from storage operations would be deposited into the external sinking fund as waste is received. A surety bond would be used to assure the difference in the decommissioning cost estimate and the value of the sinking fund until the sinking fund is fully funded by DOE.

Decommissioning costs have been estimated to be $12,650,000. The decommissioning costs were estimated based on the size of the CISF authorized to store 5,000 MTU consistent with NUREG 1757, Consolidated Decommissioning Guidance. Additional information regarding the cost of decommissioning the CISF is provided in Appendix D of the License Application.

Page 1-6 Revision 0 5.3.7

13 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 18 WCS Consolidated Interim Spent Fuel Storage Facility Environmental Report (Public Version)

Docket Number 72-1050 Revision 0 5.34.1

14 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 19 WASTE CONTROL SPECIALISTS LLC CHAPTER 1 ENVIRONMENTAL REPORT CHAPTER 1 INTRODUCTION OF THE ENVIRONMENTAL REPORT

1.0 INTRODUCTION

Waste Control Specialists LLC (WCS) has prepared a license application for a Consolidated Interim Storage Facility (CISF) for approval by the U.S. Nuclear Regulatory Commission (NRC) pursuant to the requirements specified in Title 10 of the Code of Federal Regulations (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. On the currently controlled WCS property of 5,666 ha (14,000 acres) in Andrews County, Texas the CISF would be constructed and operated on an approximately 41 ha (100 acre) initial footprint within an approximately 130 ha (320 acre) parcel where security would be maintained.

WCS has prepared this Environmental Report (ER) to evaluate the radiological and non-radiological impacts associated with the construction and operation of the CISF for Spent Nuclear Fuel (SNF) and Reactor-Related Greater than Class C Low-Level Radioactive Waste (LLRW) (henceforth referred to collectively as SNF) in Andrews County, Texas. WCS is currently requesting authorization to possess and store 5,000 Metric Tons of Uranium (MTUs),

which includes a small quantity of mixed oxide fuel. If the requested license is issued by the NRC, WCS anticipates subsequently requesting an amendment to the license to request authorization to possess and store an additional 5,000 MTUs of SNF for each of seven subsequent expansion phases to be completed over the course of 20 years. Ultimately, WCS anticipates that 40,000 MTUs of SNF would be stored at the CISF upon completion of all eight phases. Therefore, this report analyzes the environmental impacts of possession and storage of 40,000 MTUs of SNF.

This ER was prepared to support a License Application for review and approval by the NRC pursuant to the requirements specified in 10 CFR Part 72.34 and in 10 CFR 51.61, Environmental ReportIndependent Spent Fuel Storage Installation (ISFSI) or Monitored Retrievable Storage Installation (MRS) license. WCS prepared this ER consistent with the guidance provided in two regulatory documents:

Page 1-1 Revision 0 5.34.12

15 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 20 WASTE CONTROL SPECIALISTS LLC CHAPTER 1 ENVIRONMENTAL REPORT 1.2 The Proposed Action WCS is requesting authorization to construct and operate a CISF in Andrews County, Texas (Figure 1.2-1). The CISF would be located on approximately 130 ha (320 acres) of land just north of and adjacent to the WCS LLRW Disposal Facilities licensed by the TCEQ in accordance with Texas Radioactive Material License No. R04100 (TCEQ 2015a) (Figure 1.2-2).

WCS is requesting authorization to store up to 5,000 MTU in Phase 1, but has analyzed the environmental impacts of storing up to 40,000 MTU at the CISF. The major benefit of the proposed actions of the Proposed Action is authorizing the receipt of the SNF currently in storage at the shutdown decommissioned reactor facilities, thus returning the land at the reactor sites to greenfield status. After the land has been returned to greenfield status the communities that hosted the commercial reactor plants would gain additional benefits as the land could be redeveloped for other purposes. Additional benefits of the Proposed Action should the NRC authorize future construction of Phases 2 through 8 and to store additional SNF is that it would provide a regulatory path forward to receive SNF from other commercial reactors that may be decommissioned in the future, as well from operating commercial reactors prior to decommissioning. Providing a regulatory path forward as described in the Proposed Action would serve as an interim storage facility until a geologic repository can be opened.

WCS would use existing dry cask storage systems currently used at several operating commercial nuclear power plants in the U.S. and abroad. These dry cask storage systems store SNF inside of sealed canisters instead of in a spent fuel pool. These dry cask storage systems are safe and confine radioactive materials, thereby minimizing the potential release of radioactive contamination into the environment.

The dry cask storage systems that would be employed at the CISF are currently licensed by the NRC in accordance with 10 CFR Part 72 and therefore comply with the NRC requirements for the independent storage of SNF. WCS anticipates the SNF would be stored at the CISF for 60-100 years before a permanent geologic repository is opened consistent with the NRCs Continued Storage Rule.

Page 1-6 Revision 0 5.34.17

16 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 21 Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

Waste Control Specialists Application EIS Public Scoping Comment Meeting Docket Number: 72-1050 Location: Hobbs, New Mexico Date: Monday, February 13, 2017 Work Order No.: NRC-2861 Pages 1-137 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433 16.1

17 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 22 1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

+ + + + +

PUBLIC SCOPING MEETING FOR THE ENVIRONMENTAL IMPACT STATEMENT FOR WASTE CONTROL SPECIALISTS LLC'S APPLICATION FOR A CONSOLIDATED INTERIM STORAGE FACILITY FOR SPENT NUCLEAR FUEL, ANDREWS COUNTY, TEXAS

+ + + + +

Monday, February 13, 2017

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Lea County Event Center 5101 N. Lovington Highway Hobbs, New Mexico The above-entitled meeting was conducted at 6:00 p.m.

FACILITATORS:

BRETT KLUKAN CRIS BROWN NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS (202) 234-4433 1323 RHODE ISLAND AVE., N.W.

WASHINGTON, D.C. 20005-3701 (202) 234-4433 16.2

18 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 23 Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

Waste Control Specialists Application EIS Public Scoping Comment Meeting Docket Number: 72-1050 Location: Andrews, Texas Date: Wednesday, February 15, 2017 Work Order No.: NRC-2861 Pages 1-115 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433 17.1

19 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 24 1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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PUBLIC SCOPING MEETING FOR THE ENVIRONMENTAL IMPACT STATEMENT FOR WASTE CONTROL SPECIALISTS LLC'S APPLICATION FOR A CONSOLIDATED INTERIM STORAGE FACILITY FOR SPENT NUCLEAR FUEL, ANDREWS COUNTY, TEXAS

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Wednesday, February 15, 2017

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James Roberts Center 855 E. Broadway Andrews, Texas

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6:00 p.m.

FACILITATORS:

BRETT KLUKAN CRIS BROWN NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS (202) 234-4433 1323 RHODE ISLAND AVE., N.W.

WASHINGTON, D.C. 20005-3701 (202) 234-4433 17.2

20 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 25 Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

Public Scoping Meeting for the Environmental Impact Statement for Waste Control Specialists LLC's Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel, Andrews County, Texas Docket Number: 72-1050 Location: Rockville, Maryland Date: February 23, 2017 Work Order No.: NRC-2888 Pages 1-122 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433 21.1

21 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 26 1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

+ + + + +

PUBLIC SCOPING MEETING FOR THE ENVIRONMENTAL IMPACT STATEMENT FOR WASTE CONTROL SPECIALISTS LLC'S APPLICATION FOR A CONSOLIDATED INTERIM STORAGE FACILITY FOR SPENT NUCLEAR FUEL, ANDREWS COUNTY, TEXAS

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THURSDAY, FEBRUARY 23, 2017

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ROCKVILLE, MARYLAND

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The Public Scoping Meeting was convened in the Commissioners Hearing Room at the Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, at 1:00 p.m., Brian Smith presiding.

NRC STAFF PRESENT:

BRIAN SMITH, Deputy Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review, Office of Nuclear Material Safety and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS (202) 234-4433 1323 RHODE ISLAND AVE., N.W.

WASHINGTON, D.C. 20005-3701 (202) 234-4433 21.2

22 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 27 WCS Consolidated Interim Spent Fuel Storage Facility Environmental Report Docket Number 72-1050 Revision 1 25.8.1

23 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 28 WASTE CONTROL SPECIALISTS LLC CHAPTER 1 ENVIRONMENTAL REPORT CHAPTER 1 INTRODUCTION OF THE ENVIRONMENTAL REPORT

1.0 INTRODUCTION

Waste Control Specialists LLC (WCS) has prepared a license application for a Consolidated Interim Storage Facility (CISF) for approval by the U.S. Nuclear Regulatory Commission (NRC) pursuant to the requirements specified in Title 10 of the Code of Federal Regulations (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. On the currently controlled WCS property of 5,666 ha (14,000 acres) in Andrews County, Texas the CISF would be constructed and operated on an approximately 41 ha (100 acre) initial footprint within an approximately 130 ha (320 acre) parcel where security would be maintained.

WCS has prepared this Environmental Report (ER) to evaluate the radiological and non-radiological impacts associated with the construction and operation of the CISF for Spent Nuclear Fuel (SNF) and Reactor-Related Greater than Class C Low-Level Radioactive Waste (LLRW) (henceforth referred to collectively as SNF unless otherwise specified) in Andrews County, Texas. WCS is currently requesting authorization to possess and store 5,000 Metric Tons of Uranium (MTUs), which includes a small quantity of mixed oxide fuel, and related GTCC waste. If the requested license is issued by the NRC, WCS anticipates subsequently requesting an amendment to the license to request authorization to possess and store an additional 5,000 MTUs of SNF for each of seven subsequent expansion phases to be completed over the course of 20 years. Ultimately, WCS anticipates that 40,000 MTUs of SNF and related GTCC waste would be stored at the CISF upon completion of all eight phases. Therefore, this report analyzes the environmental impacts of possession and storage of 40,000 MTUs of SNF and related GTCC waste.

This ER was prepared to support a License Application for review and approval by the NRC pursuant to the requirements specified in 10 CFR Part 72.34 and in 10 CFR 51.61, Environmental ReportIndependent Spent Fuel Storage Installation (ISFSI) or Monitored Retrievable Storage Installation (MRS) license. WCS prepared this ER consistent with the guidance provided in two regulatory documents:

Page 1-1 Revision 1 25.8.12

24 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 29 WASTE CONTROL SPECIALISTS LLC CHAPTER 1 ENVIRONMENTAL REPORT

• Regulatory Guide 3.50, Standard Format and Content for A Specific License Application for an Independent Spent Fuel Storage Installation or Monitored Retrievable Storage Facility (NRC, 2014c)

• NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs (NRC, 2003)

WCS anticipates that the NRC would issue the Final Environmental Impact Statement (FEIS) and License by June 2019. Phase 1 construction would begin after issuance of the license and after WCS successfully enters into a contract for storage with the U.S. Department of Energy (DOE). Construction is estimated to take approximately one year to complete. Both construction and preoperational testing are expected to be complete by December 2020. WCS anticipates continued storage for approximately 60 years or until a final geologic repository is licensed and operating in accordance with the Nuclear Waste Policy Act (NWPA) of 1982, as amended.

History and Background Since 1997, WCS has been licensed and authorized to treat, store, and dispose of certain types of radioactive materials at its facilities located in Andrews County, Texas. WCS is authorized to dispose of Class A, B, and C LLRW at the Texas Compact Waste Disposal Facility and the Federal Waste Disposal Facility (TCEQ, 2015a). WCS is also authorized to dispose of 11e.(2) byproduct materials at its Byproduct Material Disposal Facility (TCEQ, 2015b). These activities are regulated by the Texas Commission on Environmental Quality (TCEQ) under regulations determined to be compatible with NRC requirements, pursuant to Section 274 of the Atomic Energy Act of 1954, as amended.

The U.S. Congress enacted the NWPA of 1982 charging the DOE with developing a geologic repository for the disposal of SNF generated by commercial nuclear power plants located throughout the U.S. In 1987, Congress amended the NWPA to streamline and focus waste management on developing the geologic repository at Yucca Mountain, located in Nye County, Nevada. Pursuant to the NWPA, the DOE was responsible for licensing Yucca Mountain with operations beginning on January 31, 1998.

On July 23, 2002, President George W. Bush approved Congressional legislation designating Yucca Mountain as the final geologic repository intended for the disposal of commercial SNF and high level waste generated by the federal government. The DOE submitted a license application to the NRC for authorization to construct and operate Yucca Mountain. The NRC Page 1-2 Revision 1 25.8.13

25 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 30 WASTE CONTROL SPECIALISTS LLC CHAPTER 1 ENVIRONMENTAL REPORT construction and operation of the ISFSI in February 2006, actions by the Department of the Interior (regarding right-of-way for rail access to the site) and the Bureau of Indian Affairs (regarding uncertainties over land trust issues) precluded the facility from becoming operational (Federal Register, 2006).

The Private Fuel Storage facility was designed and licensed to store up to 40,000 MTUs of spent fuel in sealed metal casks (approximately 4,000 storage casks) for a term of 20 years.

The environmental impacts for these major licensing actions were thoroughly evaluated and discussed in Final Environmental Impact Statement for the Construction and Operation of an Independent Spent Fuel Storage Installation on the Reservation of the Skull Valley Band of the Goshute Indians and Related Transportation Facility in Tooele County, Utah, NUREG-1714, published in December 2001 (NRC, 2001).

The NRC directed staff to develop a waste confidence decision and promulgated the Continued Storage Rule supported by an environmental impact statement (SRM-COMSECY-12-0016)

(NRC, 2012). As such, the NRC completed a Generic Environmental Impact Statement (GEIS) for Continued Storage of Spent Nuclear Fuel (NUREG-2157) (NRC, 2014a) that addressed the impacts attributable to continued storage of SNF. The report was needed by the NRC to fulfill its responsibilities under the National Environmental Policy Act (NEPA) (NRC, 2014a). The environmental impacts evaluated in NUREG-2157 include those related to short-term (60 years), long-term (an additional 100 years), and indefinite storage of SNF at existing commercial nuclear power plants, as well as at an away-from-reactor storage facility.

In developing NUREG-2157, NRC referred to the previous environmental analyses that supported issuance of the FEIS for the Private Fuel Storage facility in Tooele, Utah. The NRC concluded that implementation of the Preferred Alternative to issue a license to PFS authorizing construction and operation of an ISFSI in Tooele County, Utah would not result in significant adverse impacts to the environment.

1.1 Purpose And Need For The Proposed Action The DOE has not yet developed a permanent geologic repository that would allow for the disposal of commercial SNF at Yucca Mountain in Nye County, Nevada, as required under the NWPA. The DOE was required to open the repository and begin accepting SNF for disposal at Yucca Mountain on January 31, 1998. However, the earliest estimated time by which a permanent geologic repository could be licensed and operational is 2048. The only alternative Page 1-4 Revision 1 25.8.15

26 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 31 WASTE CONTROL SPECIALISTS LLC CHAPTER 3 ENVIRONMENTAL REPORT well about 4 km (2.5 mi) to the east; and Monument Draw, a natural, shallow drainage way situated west and southwest of the CISF. Several longtime, local residents indicated that Monument Draw contains water for only a short period of time following a significant rainstorm.

There are also three "produced water" lagoons for industrial purposes on the adjacent quarry property to the west and a man-made pond at the Eunice Municipal Golf Course approximately 16 km (10 mi) west of the CISF. There are no commercial fisheries or invertebrate catches.

3.2 TRANSPORTATION Transportation services to the CISF would include the delivery of equipment, supplies, and staff, including contractors needed to work and provide miscellaneous maintenance activities at the CISF. The mode of transportation for these types of services would be by road. The transportation of solid and radioactive waste generated at the CISF would also be by road, respectively, to the Lea County Municipal Landfill or to one of WCS existing license disposal facility (i.e., the Federal Waste Disposal Facility or the RCRA Landfill).

The DOE would be responsible for transporting spent nuclear fuel (SNF) from existing commercial nuclear power reactors to the CISF. SNF would be transported to the CISF by rail.

Approximately 3,000 canisters are expected to be transported over 40 years. SNF would be shipped in transportation packages licensed pursuant to 10 CFR Part 71 and in compliance with requirements established by the U.S. Department of Transportation (DOT). Spent fuel received at the CISF would be stored until such time that a geologic repository for its disposal is constructed and operable as required under the Nuclear Waste Policy Act of 1982.

3.2.1 Connected Environmental Impacts Associated with SNF Transport from Shutdown Decommissioned Reactors The DOE is also responsible for the transportation of SNF from the shutdown and decommissioned reactors across the country. Studies have been performed by the DOE to determine the level of work that would be needed to improve the infrastructure that would be required to remove SNF currently in storage at 12 shutdown and decommissioned reactors for transport to an ISFSI or a geologic repository. The evaluated shutdown sites include: Maine Yankee, Yankee Rowe, Connecticut Yankee, Humboldt Bay, Big Rock Point, Rancho Seco, Trojan, La Crosse, Zion, Crystal River, Kewaunee, and San Onofre (DOE, 2013a). The locations of the shutdown decommissioned reactor sites are depicted in Figure 3.2-1.

Page 3-5 Revision 1 25.9.5

27 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 32 WASTE CONTROL SPECIALISTS LLC CHAPTER 3 ENVIRONMENTAL REPORT These sites have no operating nuclear power reactors. NRC has received notification that their reactors have permanently ceased power operations and that nuclear fuel has been permanently removed from their reactor vessels. Shutdown reactors at sites also having operating reactors are not included in this evaluation.

Not all of the shutdown reactor sites have rail access to transport SNF to an interim storage facility or geologic repository. Such sites would either require upgrades to provide rail access or transport by heavy haul truck to an intermodal rail transfer facility. Because of the size and weight of the licensed shipping casks, shipment by rail is the practical cross-country transportation option for SNF to be delivered to an ISFSI or a geologic repository. Transport by heavy haul trucks to an intermodal rail transfer facility could occur at a shutdown and decommissioned reactor site that does not have rail access. In that case, a heavy-haul transfer truck typically traveling at speeds between 16 to 20 km/hr (10 to 12 mph) could be used to move SNF relatively short distances to a rail transfer facility as discussed in NUREG-1714 (NRC, 2001). Moreover, SNF could also be transported by barge to another rail transfer facility where the SNF would subsequently be transported by rail to WCS.

The environmental impacts to the affected areas would be attributable to radiation doses received by members of the public along the transportation routes. Over the next several years, the DOE is expected to commission new transportation systems needed to transport SNF from existing commercial reactor sites, including the shutdown reactor sites, to a CISF or geologic repository. Other environmental impacts would be attributable to upgrades that would be required to the railroad lines leading from the former reactor sites to a CISF or geologic repository. The connected environmental impacts potentially associated with the transportation of SNF and upgrades required to support the removal of SNF from the shutdown and decommissioned reactor sites are discussed in Section 4.2.

3.2.2 Transportation Corridor The transportation corridor for delivery of equipment and supplies, as well as for workers and contractor hired to provide services at the CISF within the region-of-interest are primarily Texas State Highway 176 in Andrews County, Texas and New Mexico State Highways 18 and 8 in Lea County, New Mexico.

SNF would be transported from existing commercial nuclear power facilities across the U.S.

using rail lines operated primarily by the Union Pacific Railroad to Monahans, Texas (Figure 3.2-Page 3-6 Revision 1 25.9.6

28 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 33 WASTE CONTROL SPECIALISTS LLC CHAPTER 4 ENVIRONMENTAL REPORT closed-loop systems are utilized during the concrete production process to minimize air emissions. Mitigation measures would not be required during operations or decommissioning of the CISF.

4.2.4 Radioactive Material Transportation Impacts Over the course of the 20-year operational life of the CISF, WCS would receive up to 40,000 MTUs of SNF and related GTCC waste from decommissioned commercial nuclear reactor sites and operating reactors. SNF would be transported exclusively by rail. All SNF would be transported approximately 169 km (105 mi) from Monahans, Texas to the CISF along the transportation corridor.

The DOE will be responsible for transporting SNF from existing nuclear power plants to WCS by rail in transportation casks licensed by the NRC pursuant to 10 CFR 71. The preparation of such shipments will be conducted in accordance with written procedures prepared by the commercial nuclear power plant, the DOE, or their contractors. The DOE will also be responsible for coordinating with other federal agencies, such as the U.S. Department of Transportation, U.S.

Department of Homeland Security, U.S. Environmental Protection Agency, and the Federal Emergency Management Agency, regarding transportation of SNF from the commercial nuclear reactor sites to WCS.

The federal government, through DOE, is responsible for providing emergency training to states, tribes, and local emergency responders along the transportation routes where SNF would be transported to the CISF. WCS has acquired considerable experience in responding the potential transportation events given its relative proximity to the Waste Isolation Pilot Plant.

Local fire fighters, law enforcement, and emergency medical staff have been trained to respond to put out fires and organizing any emergency response actions that may be needed to reduce the severity of events related to transportation incidents involving SNF.

4.2.4.1 Connected Transportation Impacts Associated with SNF Transport from Shutdown Decommissioned Reactors Non-radiological environmental impacts connected to upgrades associated with the fabrication of new rail transport carriers and enhancements to rail infrastructure needed to remove SNF from the decommissioned reactors and transport to an ISFSI or geologic repository are discussed in a DOE report titled, A Project Concept for Nuclear Fuels Storage and Transportation (DOE, 2013a).

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29 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 34 Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

Public Scoping Meeting for the Environmental Impact Statement for Waste Control Specialists LLC's Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel, Andrews County, Texas Docket Number: 72-1050 Location: Rockville, Maryland Date: Thursday, April 6, 2017 Work Order No.: NRC-3001 Pages 1-124 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433 26.1

30 Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 1 35 Page:

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

+ + + + +

PUBLIC SCOPING MEETING FOR THE ENVIRONMENTAL IMPACT STATEMENT FOR WASTE CONTROL SPECIALISTS LLC'S APPLICATION FOR A CONSOLIDATED INTERIM STORAGE FACILITY FOR SPENT NUCLEAR FUEL, ANDREWS COUNTY, TEXAS

+ + + + +

CATEGORY 3 PUBLIC MEETING

+ + + + +

THURSDAY APRIL 6, 2017

+ + + + +

The Scoping Meeting was convened in the Commissioners' Hearing Room, 11545 Rockville Pike, Rockville, Maryland, at 7:00 p.m., Andrey Korsak, Meg Gold and Cris Brown, Co-Facilitators, presiding.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS (202) 234-4433 1323 RHODE ISLAND AVE., N.W.

WASHINGTON, D.C. 20005-3701 (202) 234-4433 26.2

Appellate Case: 21-9593 Document: 010110689264 Date Filed: 05/26/2022 Page: 36 CERTIFICATE OF SERVICE I certify that on May 26, 2022, I served a copy of the foregoing RECORD EXCERPTS JOINTLY DESIGNATED BY PARTIES, VOLUME 1 OF 4 upon counsel for the parties in this action by filing the document electronically through the CM/ECF system. This method of service is calculated to serve counsel at the following e-mail addresses:

Bruce C. Baizel bruce.baizel@state.nm.us William Gregory Grantham wgrantham@nmag.gov, swright@nmag.gov Justin Heminger justin.heminger@usdoj.gov; efile_app.enrd@usdoj.gov P. Cholla Khoury ckhoury@nmag.gov, fdiaz@nmag.gov Zachary E. Ogaz zogaz@nmag.gov Arnold Bradley Fagg brad.fagg@morganlewis.com Ryan Kennedy Lighty ryan.lighty@morganlewis.com Allan L. Kanner a.kanner@kanner-law.com k.crowell@kanner-law.com, a.tennis@kanner-law.com Marcus J. Rael, Jr.

marcus@roblesrael.com, vanessa@roblesrael.com

/s/ Andrew P. Averbach Andrew P. Averbach Counsel for Respondent U.S. Nuclear Regulatory Commission