ML23257A177
| ML23257A177 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 09/01/2023 |
| From: | Curran D, Goldstein M Beyond Nuclear, Emory Univ School of Law, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| To: | NRC/OGC, US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 20-1187, 2015102 | |
| Download: ML23257A177 (1) | |
Text
{{#Wiki_filter:USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 1 of 245 ORAL ARGUMENT NOT SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT D.C. Cir. No. 20-1187 (Consolidated with Nos. 21-1225, 21-1104, and 21-1147) BEYOND NUCLEAR, INC., et al. Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF AMERICA, Respondents, HOLTEC INTERNATIONAL, Intervenor Petition for Review of Final Administrative Action of the United States Nuclear Regulatory Commission PETITIONER BEYOND NUCLEARS STANDING ADDENDUM AND ADDENDUM OF PERTINENT STATUTES, REGULATIONS, AND FEDERAL REGISTER NOTICES FOR FINAL OPENING BRIEF DIANE CURRAN MINDY GOLDSTEIN Harmon, Curran, Spielberg Turner Environmental Law Clinic
& Eisenberg, LLP Emory University School of Law 1725 DeSales Street NW, Suite 500 1301 Clifton Road Washington, D.C. 20036 Atlanta, GA 30322 (240) 393-9285 (404) 727-3432 dcurran@harmoncurran.com magolds@emory.edu September 1, 2023
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 2 of 245 STANDING ADDENDUM STANDING ADD 1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 3 of 245 Table of Contents This standing addendum includes declarations and affirmations that Beyond Nuclear offers in support of its standing to pursue this action. The list of exhibits is as follows: Exhibit 1: Affirmation of Declaration and Declaration of Daniel C. Berry, III...............................................STANDING ADD 3 Exhibit 2: Affirmation of Declaration and Declaration of Elizabeth Berry...................................................STANDING ADD 13 Exhibit 3: Affirmation of Declaration and Declaration of Keli Hatley.........................................................STANDING ADD 23 Exhibit 4: Affirmation of Declaration and Declaration of Margo Smith.......................................................STANDING ADD 31 Exhibit 5: Affirmation of Declaration and Declaration of Gene Harbaugh...................................................STANDING ADD 42 STANDING ADD 2
EXHIBIT 1 AFFIRMATION OF DECLARATION OF DANIEL C. BERRY III ATTACHMENT A: DECLARATION OF DANIEL C. BERRY III Page 4 of 245 Filed: 09/01/2023 Document #2015102 USCA Case #20-1187 STANDING ADD 3
Jun 28 23, 09:48a TV RANCH, LLLP 575-397-2267 p.4 Exhibit 1 ORAL ARGU MENT NOT YET SCHE DULE D lJN1TED STATES COURT OF APPEALS FOR THE DISTlUCT OF COLUMBIA CIRCUIT BEYOND NUCLEAR, INC., et al., Page 5 of 245 Petitioners, No. 20-1187, V. consol idated with Nos. 20-122 5, 21-1104, 21-1147 UNITED STATES NUCLEAR Filed: 09/01/2023 REGULATORY CO.MMISSJON and the UNITED STATES OF AMERICA, Res ondents. AFFIRMATION OF DECLARATION OFDA NIEL C. BERRY, III Under penalty of perjury, I, Daniel C. Berry III, declare as follows: Document #2015102 I. I have reviewed my standing declaration, entitled "Decla ration of Dan el C. Beny, III" dated July 1, 2020 (the "Stand ing Declaration"), filed wit this Court on July 9, 2020 in the above captio ned proceeding, and attac to this Affirm ation as Attachment A.
- 2. As of the date of this Affirmation, all information m the Sta ding Declaration remains true and correct.
USCA Case #20-1187
- 3. I reaffmn the Standing Declaration.
[Remainder of page intentionally left blank.] STANDING ADD 4
Jun 28 23, 09:48a TV RANCH, LLLP 575-397-2267 p.5 Exhibit 1 The declarant hus caused this Affim1ation to bt: 1,x1::cuted as of the date below Signed, Page 6 of 245
----~u:\ c., ~~ rrr Daniel C. Beny, Ill ,.______,
Dated: b :_ 'J. 7 - d--0 ~~ Filed: 09/01/2023 Document #2015102 USCA Case #20-1187 STANDING ADD 5
Jul 01 20, 02:01 p TV RANCH, LLLP 575-397-2267 p.7 07/01/2020 15:33 USCA Case #20-1187 269--344-7821 FEDEX OFFICE Document #2015102 Filed:0450 09/01/2023 r'Abl:. I Page 7 of 245 ATTACHMENT A Declaration of Daniel C. Berry III UNITED STAT 1 I I l "r *3'1tt+J'.2* *3,*41 *J'.s* *3:*6- *3;1* -3;2~
TTFi:l
-*;J'.-4* ;6* t'.1* "J:2* -~J:+/-.,K".3,*41 -J:s- 3;5ITT3;1t+b:2 -3;3- -J:*4* *J'.s* -3;5- *fr *h lf flo.4* *0.3* <i2* 0.1 *Q6'. *Q5* *</41 *Q1* ~ Ts= *Q4* :a; Q2 *Q1* *Q§; -q4tt+QJ* 12t++ii1t++(j6* *<is* *Q41 -qs- & *ditt+~&l-++~s-T tfflcisl+ Ho 11 h *<<i,t++os* *o.9t+:tio: i1+-t+1'.2 rs: ~ 1~1m:-I'i- :r,: *<is* 1'0* i;: *121 0.7* rs: qs *1'o
.*
- 11* 7; -q*1tt+O.a*
-r TT :I[ *Jsl M :I[
fJ *16* is* 74J.+*H3* *1;8* i-41 11:3- .j.1.1 rt,* FQ i-41 {3* J:8* *1'.-7* 1:41 11blrH 1*41 1'.J* is 17 J:.i*1tH1 11 i1t 1,_ '
!f f li1 fr *fr 241 (9* *io* *:i1 *22* .;1;:j:,,1 1-i;J ..l-fi9 2P ~ 2'4l *19- =loH+:hH+h -~J- *24; is* *20* I; =liH+fr J; *is *20*
-r T 1fflis* :h- 26" ~ t++J;O ia-61,..!41- -:1&-j ~ -Ft-43: **h- h ! :rs: -ia+-!+1-1, ~ *29* :rs: *21* *26* 1sH+:io*
b!J+j~. m ;!.5:
' J s~ J~f+,j'.'3!2 -:h *3,*41 *3,5* ! 5- 3'.1t+N2ttHm51/4~ s -~:ittnt41 *J'. stft-J:5, 1'.1* (4t++3'.s* -;ii-
--ti:!M mrrn 64I + OJ* -621 61- 0,6* osf-+t64++Cl?-+++-62j .6.1I 6&1 *0,6* -6sl -64! +6-1I ~ ].'s: 64! +-63 ~ As.
.osl J-Y4! -?31 _or +61 ,,.()2! .or +~4Hi rn: -r T T
- 1_0* *11 *1;2* :2H-tti*1* Q9* io* 01* *io* 11 offift ,~12, -in- *09*
Declaration of Daniel C. Berry III
- Jsttto.9* io* i1 i1+-t+h
;4 j i- -r 16- f41 is* i*, j,,,'sH-+/-i, is* j4t+f'i3* is* 17* is* l,S- :-41 fr is* *i1* M-l+ i'.sH+1:41 fsM-1..i;,,
a:. T
*22- 1;
*iJ-" - 19*
*241 .:: 20* *21~ 22" ~J- *fr -io* 21m t *241 is* To: ~ *22* ~Jt+-N41 :-;r; ro: fr *22* ~Jt++24I *is *21*
TT!"'~ [I
-r -r -r -r -r -r T," -r is* *i 1_ttti*s1 *:i.s* *1/4o* 29* *2s* *21* -~6" *;is- *J!o* *29* -2r* -25* *2s* -29* Ta *21* *26+--tti5* *J*O* -29*
- 2e* 1'1- *i&* ~si i9* Tell
[l: ::r ::r :r ::r :r
";\3" :;t;1 -3:stt fl:i;* ~ ~ !-41 Ts, *3!1tti-Jr2* -~3- (-4-t++3's* 16+-t+i+t+h -~3- H,4-t++Js* *3'6* *J t2t+t~J ;i-4] rs: ~ ~2- -~3-Attachment A
-r
- Q&* *(!3* J:;: ~6-
+ti *<i2: ,Jsfffi4ff f-H+fd21 -~1t+t46* *o.s* i4-t++t!:it++42H-t,i1* QG* *tis* 041 H2* *06- *OJ- *ti2Hfdi Qs-: 04-
-r I I I
+ti io* - 11* 12 -Qr* *08* 09' *10* 12t++drl-t-his io- i1t+H2* q1H-ftis* Q9* io- i1- 12* *0*7* !st++d,9-t++10 *fr \2 *01*
- t:
+-16 11s- 1"4' fa* *1_8*
- ff
- 15* :ti J::itt+,s 1':t (6* is* i4* '13* i sl it* i&* is- 14* *iJ- i-8* i;* /5tf+,~- ~ 13* is* k 16*
2
' ' '-16* '
~
' 'T'tttt2!4- :-1 ~ f20- f22' f2j. 1~- *20 f~i- f~i- -zj- f2;a- 1;9* 2(1* ~ 12i-t'AO~s01,'~h,Sf~G_S11,~-Natio~~I_MaJi ri~~ion~l B_o~~C~rl~ s' Dat~~k~Nati;nJIEtev~ttbn Oa~~
8= STANDING ADD 11
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 13 of 245 Declaration of Daniel C. Berry III Attachment B Figure 2.12 SWRR Carlsbad Division r ~ Roosev e II uncoln \
<h Ch av es <(
....__ _ _1><
w Ote 10 Eddy TEXAS Map Locati on
- ca~sbad Division
_,_._ Ra,I I.Jne Holtec Facility Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad 0 S 10 _\ N 20 30
-==-=-- -===- - ""'"'
j,!l,fJ?H 40 New Mexico Department of Transportation, New Mexico State Rail Plan, 2-23 (Mar. 27, 2014) (Holtec Facility and Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad added) STANDING ADD 12
EXHIBIT 2 AFFIRMATION OF DECLARATION OF ELIZABETH BERRY ATTACHMENT A: DECLARATION OF ELIZABETH BERRY Page 14 of 245 Filed: 09/01/2023 Document #2015102 USCA Case #20-1187 STANDING ADD 13
Jun 28 23, 09:47a TV RANCH, LLLP 575-397- 2267 p,2 Exhibit 2 ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTR ICT OF COLUM BIA CIRCU IT Page 15 of 245 BEYOND NUCLEAR, fNC., et al., Petitioners, No. 20-1187, V. consoli dated with Nos. 20- I 225, 2 l-1104, 21-1147 UNITE D STATES NUCLE AR Filed: 09/01/2023 REGUL ATORY COMM ISSION and the UNITE D STATES OF AMER ICA, Res ondents. AFFIRt'VIATION OF DECLARATION OF ELIZABETH BERRY Under penalty of pe1jury, I, Elizabe th Berry, declare as follows: Document #2015102
- 1. I have reviewe d my standin g declara tion, entitled "Declar ation of Eliz beth Berry" dated July 1, 2020 (the "Standi ng Declara tion"), filed with this ourt on July 9, 2020 in the above caption ed proceed ing, and attache d t this Aflhmation as Attaeh mentA .
- 2. As of the date of this Affirmation, all information in the Sta ding Declara tion remain s true and correct.
- 3. l reaffirm the Standing Declaration.
USCA Case #20-1187 [Remainder of page intentionally left blank.] STANDING ADD 14
IV KAN Vii, LLLI-' p.J Exhibit 2 The declarant has caused this Affinnation to be executed as of the date below Signed, Page 16 of 245
- e. ,7 ~ ~ 2:r:c Elizabeth Berry Dated: b - 8.-1
- 9-0 9=~
1 Filed: 09/01/2023 Document #2015102 USCA Case #20-1187 STANDING ADD 15
Jul 01 20. 01 :59p TV RANCH, LLLP 575-397-2267 p.2 07/01/2020 15:33 269--344-7821 ~EDEX OFFICE 0450 PAGE 11£ ATTACHMENT A Declaration of Elizabeth Berry UNITED STAT COURT OF APPEALS FOR THE DISTRIC OF COLUMBIA CIRCUIT
)
BEYOND NUCLEAR, INC. 1 Page 17 of 245
)
)
Petitioner, ) No. 20-1187,
) consolidated with No. 20-1225
- v. )
)
UNITED STATES NUCLEA ) REGULATORY COMMISSI ) Filed: 09/01/2023 lJNITED STATES OF AME )
)
Respondents. )
)
DECLARA ION OF ELIZABETH BERRY Under ~enalty of perjury, I, E/zabeth Berry, declare as follows: Document #2015102
- 1. My name is Elizabeth B en:y.
- 2. I am a member of Bey /nd Nuclear, Inc. ("Beyond Nuclear).
- 3. I live with my husband Daniel C. Berry Ill, in Township 21S, Range 33:E, Section 2. My h~me is ithin 11 miles of the proposed Holtec Consolidated foter~m Storage Facili * (the "Facility).
- 4. I own and ranch the T ver V Ranch, which is ap*proximately 40,000 acres USCA Case #20-1187 of a mix of private Ian and Bureau of Land Management and state leases.
The T Over V Ranchi located in Township 20S, Range 34E, Sections 22, 27, 28, 34, and 35, To nship 21S, Range 31E> Sections 1 and 12, and Township 21S, Range 32E, Section 6, all within 3 to 15 miles of the Facility. The T Over V Ranch as multiple homesteads on it. I have included a map identifying the locatio of my residence and my land in relation to the Facility. See Attac ent A.
- 5. 1 frequently and regul ly spend time within 15 miles of the Facility because I live and work in the ea. I manage and work the T Over V Ranch with my STANDING ADD 16
Jul 01 20, 01 :59p TV RANCH, LLLP 575-397-2267 p,3 07/0112020 15:33 269--344-7821 FEDEX OFFIC£ 0450 PAGE 03 husband and a number f ranch hands, Every day, we spend time all over our land, horseback rid' g, hiking, or riding ATVs in order to manage our cattle.
- 6. I also frequently and re lady spend time on the local roads near the Facility Page 18 of 245 and transpOLtation route for the Facility. For instance, I regularly drive Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivisionra'lroa<l that Holtec plans to use to transport spent nuclear fuel to the Facil ty. See Attachment B". Highway 62/180 is the only route l can take to avel to Carlsbad, the aearest major town to my home. I have to drive o this highway to access "business and everyday necessities such as my ank and grocery store. 'w'hen I am on this Highway, Filed: 09/01/2023 I have noticed rail cars aveling next to me. This Highway, and others nearby such as Highwa 176, are so busy with truck t.1.-affic that I normally have to wait at the omainp to enter the Highway, which is approximately one mile from the Facil1t)'.
- 7. I am concerned about tlie risks to my property, my health and safety, and my environment posed by the construction and ope(ation of the Facility, and by transportation of spent tuclear fuel to the Facility.
Document #2015102
- 8. I am also concerned ab9>ut the radiation risks to me and my family, including our health and safety, posed by living and working next to a facility housing such an enormous quan~ty of .r:adioactive material. I am concerned that we may be exposed to unwrnted radiation from the Facility in our daily lives just by conducting our ~egular work and recreation activities. I am also conc=ed that an accident involving spent nuclear fuel at the Facility will exJ?ose :roe, my family, d the homesteaders on the T Over V Ranch to radiation, and harm my prnperty due to radiological contamination, thereby destroying my family's livelihood and way of life.
USCA Case #20-1187
- 9. I am also concerned th t I will not be able to avoid small doses of unwanted radiation from driving , ext to rail cars carrying shipments of spent nuclear fuel, including radiatio from potential contamination on the outside of the casks, which will harm my health and safety. And I am concerned that I cannot avoid higher do es of unwanted radiation should Holtec transport the spent nuclear fuel by ck along Highway 62/180, Highway 176, and other roads in the ai:ea that I requent. I spend time on these roads to accomplish routiue tasks in and ar nd my community. I am woi:ried that I will not be able to perform my dai y tasks and use the roads I have used for decades wit.liout being exposed o unwanted radiation. I am especially concerned that STANDING ADD 17
Jul 01 20, 01 :59p TV RANCH, LLLP 575-397-2267 p.4 FEDEX OFFICE 0450 PAGE 04 07/0 1/20 20 15:3 3 269- -344 -782 1 n from the e11-tended length I cannot avoid higner doses of unwanted radiatio r Highway 62/180 ne?J" the of time I spend on a regu ar basis waiting to ente Facility and transportatio routes.
- s. This is a congested area, and
- 10. I am also concerned a'oo t the xisk of accident Page 19 of 245 am concerned about the there are frequent wrec on these highways. I dent or leak involving the radiation risks to me ao.d my family from an acci ly concerned because l transportation of spent n clear foe!. I am especial these highways due to traffic frequently spend extend amounts of time on and congestion.
interest and right to travel near
- 11. I am also concerned wi the impacts to my n routes for spent nuclear Filed: 09/01/2023 my home posed by Holt e's proposed transportatio el on the safest roads to fuel. In order to ensure yself and my family trav accidents involving avoid unwanted doses o radiation or potential to avoid highways and transportation of spent ucJear fuel, I would have roads that are our necessities.
primt routes to access business and everyday
- 12. I am also concerned ab ,ut the impact the Facility will have o:n the value of erstanding that property my home and the T Ovbr V Ranch. It is my und e:u:ly as when it receives its values near a nuclear fab!ity can be i:educed as Document #2015102 tr license to operate due real or perceived risks 1
of exposure to radiation erstanding that property releases from the nearb facility. It is also my und constructed and operating. I values continue to decr ase once the facility is operation of the Facility will am worried that the licensing, construction, and 1 financial security in the reduce my property va !ues and affect my family's future. struction, and operation of the
- 13. I am also concemed th t tlte licensing, con Lea County, where I Jive, Facility will impact th economic prosperity of USCA Case #20-1187 erstanding that the Permian and Eddy County, wh re I own land. It is my und and in Texas is the largest Basin in Eddy and Le counties in New Mexico second largest in the world.
oil and gas producer
- the United States and the of the Facility on top of the I am concerned that c nstruction and operation e dl:illing so successfully Penman Basin will
- act the ability to continu economy. This could haim here and therefore ha ea negative effect on fue I am also concerned th~t local businesses and , e value of my property.
t the domestic production construction. and oper tion of the Facility will limi of oil and gas in the nited States. STANDING ADD 18
Jul 01 20, 02:00p TV RANCH, LLLP 575-397-2267 p.5 07/01/2020 15:33 269--344-7821 FEDEX OFFICE 0450 PAGE 05
- 14. [ believe that the Holtec icense application is inadequate and illegal as written and that my inter sts will not be adequately represented in this action without the opportunity fBeyond Nuclear to intervene as a party in the
>1RC proceeding on my ehalf.
Page 20 of 245
- 15. Therefore, l previously uthorized Beyond Nuclear to protect my interests by representing me in b th (a) a motion to the NRC to dismiss Holtec' s license application and ( ) a petition to fotervene in the NRC's licensing pxoceeding for the Facil' y. When the NRC denied Beyond Nuclear':; motion to dismiss Holtec' s lice~se application, I authorized Beyond Nuclear to appeal that decision to 17scourt. Now that NRC has denied Beyond Nuclear's petition to int rvene, I authorize Beyond Nuclear to appeal that Filed: 09/01/2023 decision to this court.
[Remainder f this page intentionally left blank.] Document #2015102 USCA Case #20-1187 STANDING ADD 19
Jul 01 20, 02:01p TV RANCH, LLLP 576-397-2267 p.6 FEDEX OFFICE 0450 PilGE 06 07/01/202 0 15:33 269--344-7021 Tne declarant has caused this D claration to be executed as of the date below. Signed, r:;:i,,,_ . D.. ..
@f ' \ I. J L.X;'.£ Page 21 of 245 CJLL,/
Elizabeth Berry Dated: 1 - \ - 00 0-0 Filed: 09/01/2023 Document #2015102 USCA Case #20-1187 STANDING ADD 20
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 22 of 245 19_ 120. !i2. l2f *241 rio:::: -24 l2i. ~ -26 f2-i- 122. *23 2f. -ia- f2~- I 12T- :if1 I I !.+"if-T T
~ *i_s; ~ :rs: *J:0 ' *i9* *ia* *;i7* *fr *is* *J;O* f-is' *is* ti-7* *26* is* J;;: *is* t is* N-7* *i.im2s1 "3;0* *f; *is- *is*
-m-TJ,C t tt-,3LL.L-.' .4LL.L-.'5*
I I l .:>1 I I l "r *3'1tt+J'.2* *3,*41 *J'.s* *3:*6- *3;1* -3;2~ TTFi:l
-*;J'.-4* ;6* t'.1* "J:2* -~J:+/-.,K".3,*41 -J:s- 3;5ITT3;1t+b:2 -3;3- -J:*4* *J'.s* -3;5- *fr *h lf flo.4* *0.3* <i2* 0.1 *Q6'. *Q5* *</41 *Q1* ~ Ts= *Q4* :a; Q2 *Q1* *Q§; -q4tt+QJ* 12t++ii1t++(j6* *<is* *Q41 -qs- & *ditt+~&l-++~s-T tfflcisl+ Ho 11 h *<<i,t++os* *o.9t+:tio: i1+-t+1'.2 rs: ~ 1~1m:-I'i- :r,: *<is* 1'0* i;: *121 0.7* rs: qs *1'o
.*
- 11* 7; -q*1tt+O.a*
-r TT :I[ *Jsl M :I[
fJ *16* is* 74J.+*H3* *1;8* i-41 11:3- .j.1.1 rt,* FQ i-41 {3* J:8* *1'.-7* 1:41 11blrH 1*41 1'.J* is 17 J:.i*1tH1 11 i1t 1,_ '
!f f li1 fr *fr 241 (9* *io* *:i1 *22* .;1;:j:,,1 1-i;J ..l-fi9 2P ~ 2'4l *19- =loH+:hH+h -~J- *24; is* *20* I; =liH+fr J; *is *20*
-r T 1fflis* :h- 26" ~ t++J;O ia-61,..!41- -:1&-j ~ -Ft-43: **h- h ! :rs: -ia+-!+1-1, ~ *29* :rs: *21* *26* 1sH+:io*
b!J+j~. m ;!.5:
' J s~ J~f+,j'.'3!2 -:h *3,*41 *3,5* ! 5- 3'.1t+N2ttHm51/4~ s -~:ittnt41 *J'. stft-J:5, 1'.1* (4t++3'.s* -;ii-
--ti:!M mrrn 64I + OJ* -621 61- 0,6* osf-+t64++Cl?-+++-62j .6.1I 6&1 *0,6* -6sl -64! +6-1I ~ ].'s: 64! +-63 ~ As.
.osl J-Y4! -?31 _or +61 ,,.()2! .or +~4Hi rn: -r T T
- 1_0* *11 *1;2* :Jsttto.9* io* i1 :2H-tti*1* Q9* io* i1+-t+h 01* *io* 11 offift ,~12, -in- *09*
;4 j i- -r 16- f41 is* i*, j,,,'sH-+/-i, is* j4t+f'i3* is* 17* is* l,S- :-41 fr is* *i1* M-l+ i'.sH+1:41 fsM-1..i;,,
a:. Attachment A T
*22- 1;
*iJ-" - 19*
*241 .:: 20* *21~ 22" ~J- *fr -io* 21m t *241 is* To: ~ *22* ~Jt+-N41 :-;r; ro: fr *22* ~Jt++24I *is *21*
TT!"'~ [I
-r -r -r -r -r -r T," -r is* *i 1_ttti*s1 *:i.s* *1/4o* 29* *2s* *21* -~6" *;is- *J!o* *29* -2r* -25* *2s* -29* Ta *21* *26+--tti5* *J*O* -29*
- 2e* 1'1- *i&* ~si i9* Tell
[l: ::r ::r :r ::r :r
";\3" :;t;1 -3:stt fl:i;* ~ ~ !-41 Ts, *3!1tti-Jr2* -~3- (-4-t++3's* 16+-t+i+t+h -~3- H,4-t++Js* *3'6* *J t2t+t~J ;i-4] rs: ~ ~2- -~3-Declaration of Elizabeth Berry
-r
- Q&* *(!3* J:;: ~6-
+ti *<i2: ,Jsfffi4ff f-H+fd21 -~1t+t46* *o.s* i4-t++t!:it++42H-t,i1* QG* *tis* 041 H2* *06- *OJ- *ti2Hfdi Qs-: 04-
-r I I I
+ti io* - 11* 12 -Qr* *08* 09' *10* 12t++drl-t-his io- i1t+H2* q1H-ftis* Q9* io- i1- 12* *0*7* !st++d,9-t++10 *fr \2 *01*
- t:
+-16 11s- 1"4' fa* *1_8*
- ff
- 15* :ti J::itt+,s 1':t (6* is* i4* '13* i sl it* i&* is- 14* *iJ- i-8* i;* /5tf+,~- ~ 13* is* k 16*
2
' ' '-16* '
~
' 'T'tttt2!4- :-1 ~ f20- f22' f2j. 1~- *20 f~i- f~i- -zj- f2;a- 1;9* 2(1* ~ 12i-t'AO~s01,'~h,Sf~G_S11,~-Natio~~I_MaJi ri~~ion~l B_o~~C~rl~ s' Dat~~k~Nati;nJIEtev~ttbn Oa~~
8= STANDING ADD 21
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 23 of 245 Declaration of Elizabeth Berry Attachment B Figure 2.12 SWRR Carlsbad Division r ~ Roosev e II uncoln \
<h Ch av es <(
....__ _ _1><
w Ote 10 Eddy TEXAS Map Locati on
- ca~sbad Division
_,_._ Ra,I I.Jne Holtec Facility Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad 0 S 10 _\ N 20 30
-==-=-- -===- - ""'"'
j,!l,fJ?H 40 New Mexico Department of Transportation, New Mexico State Rail Plan, 2-23 (Mar. 27, 2014) (Holtec Facility and Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad added) STANDING ADD 22
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 24 of 245 EXHIBIT 3 AFFIRMATION OF DECLARATION OF KELI HATLEY ATTACHMENT A: DECLARATION OF KELI HATLEY STANDING ADD 23
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 ExhibitPage 3 25 of 245 ORALARGUMENTNOTYETSCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BEYOND NUCLEAR, INC., et al., Petitioners, No. 20-1187, V. consolidated with Nos. 20-1225, 21-1104, 21-1147 UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF AMERICA, Respondents. AFFIRMATION OF DECLARATION OF KELI HATLEY Under penalty of perjury, I, Keli Hatky, declare as follows:
- 1. I have rnviewed my standing declaration, entitled "Declaration of Keli Hatley" dated July 3, 2020 (the "Standjng Declaration"), filed with this Court on July 9, 2020 in the above captioned proceeding, and attached to this Affirmation as Attachment A.
- 2. As of the date of this Affirmation, all inforn1ation in the Standing Declaration remains true and correct with the following updates:
- 3. I live with my husband and two childnm, ages 14 and 18, at 307 Laguna Road, Hobbs, New Mexico, 88240, located on the Smith Ranch, which lies one mile from the Holtec Consolidated Inte1im Storage Facility (the "Facility"). I have attached a map identifying the location of my home and the Facility. See Attachment A.
- 6. No longer applicable because my family and I do not sp<md nearly every afternoon at my sister Stefanie Logan's house, which is located at 111 Goatlrnad Road, Hobbs, New Mexico, 88240. She still resides at this address.
- 12. I am also concerned that the additional traffic from the Facility will harm myself or my family, especially because my 18-ymr-old is now driving and my 14-year-old will soon be learning to drive on these roads. The roads in this area are already dangerous because they are overused by the oil and gas industry and are not kept up. It is my understanding that there have already been multiple vehicular deaths in the area and that STANDING ADD 24
the Holtec application projects 2.9 deaths from transportati on of USCA Case #20-1187 Document spent nuclear fuel to #2015102 the Facility. Filed: 09/01/2023 Page 26 of 245 Exhibit 3
- 3. With the changes noted in Paragraph 2 above, I reaffirm the Standing Declaration.
[Remainde r of page intentionall y left blank.] :J The declarant has caused this Affirmation to be executed as of the date below. Signed,
~ We ftJ , A Keli Hatley ~
Dated: J-/6 -c:2 S STANDING ADD 25
ATTACHMENT A USCA Case #20-1187 DocumentDeclaration
#2015102of Keli Hatley Filed: 09/01/2023 Exhibit Page 27 of 2453 Ul"l.TED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUl\*I BIA cmcUIT
)
BEYOND NUCLEAR, INC.. )
)
Petitioner, ) No. 20-1187.
) consolidated with No. 20- 1225
- v. )
)
UNITED STATES NUCLEAR ) REGULATORY COMMISSION and the ) UNITED STATES OF AMERICA, )
)
Respondents. )
)
DECLARATION or, KELI HATLEY Under penally of perjury. I. Keli Mailey. declare as fol lows: I. My name is Keli H:11ky.
- 2. 1am a member of Beyond Nuc1C3r. lnc. ("Beyond Nuclear..).
) . I live with my husba1\d alld 1wo children. ages 11 and 14. a1 307 Laguna Road. Hobbs. New Mexico. 88240. located on the Smith R3Ilch. which lies one mile from the Iloltcc Consolid:ucd lnte-rim Storage Fac-ili1y (the "Facility"), I have nunchcd o map identifying the loc:Hion of my home Md the Facili1y. Sec Att:tch mcnl A.
-l. My fa mily and I all frequently ruid regularly SJ>Cnd time within 5 miles of1hc faci lity because we live. recrcme. and work on the Smith Ranch. The Facility will lie in 1he center of the Smith Ranch.
S. Every day my fumily and I spend time horseback riding to mnnagc our caule. As my cattle cum:ntly r.mgc on the land when: 1he Facility will be built, I a m currcnlly able 10 enter 1his land. Once 1hc Facility is built. I will be able 10 tra\'cl along its fence line.
- 6. My fa mily and I also spend almost every afternoon at my s is.er Stefanie Logan's house. which is located at 11 1 GoothCtld Road, Hobbs. New Mexico. 88240. My sistcr*s house is a linle 0\'Cr 1wo miles from the F:1cility and is :tlso loc:mcd on 1hc Smi1h Ranch. I have attached a nmp identifying the locaiion of ,ny :-.istcr*s ho,nc. Sec Attachment A.
- 7. 11 is my understanding th:n coos1ruc1ion of the Facility will require moving a STANDING ADD 26
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Exhibit Page 28 of 2453 section of Laguna Road/County Road 55. I drive on this section of the road daily to get to my sister's house and to access the main Highway 62/ 180. See Attachment A.
- 8. I use Highway 62/ 180 between my home and Carls bad where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad that Holtec plans to use to transpo11 spent nuclear fuel to the Facility. See Attachment B. I use this Highway approxi mately twice a month to attend rodeos, visit Artesia, and reach the second ranch that is located in Eddy County. When I am driving on the highways and roads near the Facility, I notice rai l cars near me.
- 9. I am concerned about the risks to my home, my health and safety, the health and safety of my fami ly, and my environment posed by the construction and operation of the Faci lity, and by transportation of spent nuclear fuel to the Facility.
IO. I am concerned about the radiation risks to me and my fami ly posed by living and ranching next to a faci lity ho using such an enom1ous inventory of rad ioactive material as the Faci lity. I am especially concerned how the Faci lity could impact my young children. I am also concerned that an accident involving spent nuclear fu el at the Facility will harm my fami ly and home due to radiological exposLU*e.
- 11. I am a lso concerned that transportation of spent nuclear fuel to the Facility by rai l or by truck could hit the ranch's cattle, harming or killing them.
- 12. I am also concerned that the additional traffic from the Facility will harm myself or my family, especially because I have young fam ily members who will soon be learning to drive on these roads. The roads in this area are already dangerous because they are overused by the oil and gas industry a nd are not kept up. It is my understanding that there have already been multiple vehicular deaths in the area and that the Holtec application projects 2.9 deaths from transportation of spent nuclear fuel to the Facility.
- 13. I am also concerned that I will not be able to avoid small doses of unwanted rad iation from driving next to rail cars can ying shipments of spent nuclear fuel , including radiation from potential contamination on the outside of the casks, which will hann my health and safety. I am also concerned that I cannot avoid highe r doses of unwanted radiation should Holtec transp011 the spent nuclear fuel by trnck along Highway 62/180, Highway 176/243, and other roads in the area that I frequent.
- 14. I am also concerned my sons cannot avoid doses of unwanted radiation.
- 15. I am also concerned with the impacts to my interest and right to travel near my home posed by Holtec 's proposed transportation routes for spent nuclear fuel. We will not be able to avoid highways and roads that are invo lved w ith transporting spent nuclear fuel to the Facility in order to ensure myself and my fam ily travel on the safest roads to avoid unwanted doses of radiation or potential accidents involving the transportation of spent nuclear fuel because these highways and roads are our prin1ary routes to access town.
- 16. I believe that the Holtec application is inadequate and illegal as written and STANDING ADD 27
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Exhibit Page 29 of 2453 that my interests wi ll not be adequately represented in this action without the opportunity for Beyond Nuclear to intervene in the NRC proceeding as a party on my behalf.
- 17. Therefore, I previously authorized Beyond Nuclear to protect my interests by representing me in both (a) a motion to the NRC to dismiss Holtec's license application and (b) a petition to intervene in the NRC's licensing proceeding for the Facility. Now that NRC has denied Beyond Nuclear 's petition to intervene, I authorize Beyond Nuclear to appeal that decision to this cou11.
[Remainder of this page intentionally left blank.] The declarant has caused this Declaration to be executed as of the date below. 3
/
STANDING ADD 28
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 30 of 245 oe [ill Hatley Home 307 Laguna Road, Hobbs, N ew Mexico, 88240
"~~
Current Route from Hatley home to Logan home
<., \ '
'9<>_,
~~
Holtec Facility
\ -'o""'\\,ill i
\\,tllb'l-E-38 \l'o-
\ @
Attachment A
, ' ( < 0 ~* [ill Declaration of Keli Hatley
\le>*"'!<i o'l-
@)
~ 87 IBl
-2.2 miles
., @)
I
\\o'O'lls \\,ill
+
@)
Hatley's Sister Logan's Home
;, :IDf 111 Goathead Road, Hobbs, New Mexico, I .... a ~
0 88240 Map data ©2018 Google United Stale s Terms Send feedback 2000 h 1 STANDING ADD 29 Exhibit 3
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 31 of 245 Declaration of Keli Hatley Exhibit 3 Attachment B Figure 2.12 SWRR Carlsbad Division r ~ Roosev e II uncoln \
<h Ch av es <(
....__ _ _1><
w Ote 10 Eddy TEXAS Map Locati on
- ca~sbad Division
_,_._ Ra,I I.Jne Holtec Facility Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad 0 S 10 _\ N 20 30
-==-=-- -===- - ""'"'
j,!l,fJ?H 40 New Mexico Department of Transportation, New Mexico State Rail Plan, 2-23 (Mar. 27, 2014) (Holtec Facility and Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad added) STANDING ADD 30
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 32 of 245 EXHIBIT 4 AFFIRMATION OF DECLARATION OF MARGO SMITH ATTACHMENT A: DECLARATION OF MARGO SMITH STANDING ADD 31
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 33 of4 245 Exhibit ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BEYOND NUCLEAR, INC., et al., Petitioners, No. 20-1187, V. consolidated with Nos. 20-1225, 21-1104, 21-1147 UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF AMERICA, Res ondents. AFFIRMATION OF DECLARATION OF MARGO SMITH Under penalty of perjury, I, Margo Smith, declare as follows:
- 1. I have reviewed my standing declaration, entitled "Declaration of Margo Smith" dated July 7, 2020 (the "Standing Declaration"), filed with this Court on July 9, 2020 in the above captioned proceeding, and attached to this Affirmation as Attachment A.
- 2. As of the date of this Affirmation, all information in the Standing Declaration remains true and correct with the following updates:
- 2. I live with my husband at 258 Smith Ranch Road, Hobbs, New Mexico, 88240, located on the Smith Ranch and approximately seven miles from the Holtec Consolidated Interim Storage Facility (the "Facility"). My daughter and grandson live in a residence 400 yards away from my home. I have attached a map identifying the location of my home and the Facility. See Attachment A.
- 3. My family is comprised of fourteen members, including my three daughters, four grandsons ages 6, 14, 18, and 19, son-in~
laws, and mother-in-law. My family and I all frequently and STANDING ADD 32
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 34 of 245 Exhibit 4 regularly spend time within 7 miles of the Facility because we live, recreate, and work on the Smith Ranch. The Facility will lie in the center of the Smith Ranch.
- 3. With the changes noted in Paragraph 2 above, I reaffirm the Standing Declaration.
[Remainder of page intentionally left blank.] (( STANDING ADD 33
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page Exhibit 35 of 245 4 The declarant has caused this Affirmation to be executed as of the date below. STANDING ADD 34 STANDING ADD 34
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page Exhibit 4 36 of 245 ATTACHMENT A Declaration of Margo Smith UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
)
BEYOND NUCLEAR, INC., )
)
Petitioner, ) No. 20-1187,
) consolidated with No. 20-1225
- v. )
)
UNITED STATES NUCLEAR ) REGULATORY COMMISSION and the ) UNITED STATES OF AMERICA, )
)
Respondents. )
)
DECLARATION OF MARGO SMITH Under penalty of perjury, I, Margo Smith, declare as follows:
- 1. I am a member of Beyond Nuclear, Inc. (Beyond Nuclear).
- 2. I live with my husband, daughter, and grandchild at 258 Smith Ranch Road, Hobbs, New Mexico, 88240, located on the Smith Ranch and approximately seven miles from the Holtec Consolidated Interim Storage Facility (the Facility). I have attached a map identifying the location of my home and the Facility. See Attachment A.
- 3. My family is comprised of fourteen members, including my three daughters, four grandsons ages 3, 10, 15, and 16, sons-in-law, and mother-in-law. My family and I all frequently and regularly spend time within 7 miles of the Facility because we live, recreate, and work on the Smith Ranch. The Facility will lie in the center of the Smith Ranch.
- 4. Every day my family and I spend time managing our cattle. As my cattle currently range on the land where the Facility will be built, I am currently able to enter this land. Once the Facility is built, I will be able to travel along its fence line.
STANDING ADD 35
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 37 of 245 Exhibit 4
- 5. I drive on Highway 62/180 at least two times a week to visit my daughters, Keli Hatley and Stephanie Logan. My daughter Keli Hatley lives at 307 Laguna Road, Hobbs, New Mexico, 88240, a mile from the Facility. My daughter Stephanie Logan lives at 111 Goathead Road, Hobbs, New Mexico, 88240, a little over two miles from the Facility. From Highway 62/180, I take Laguna Road/County Road 55 to get to Kelis house, and it is my understanding that the construction of the Facility will require moving a section of this road.
- 6. I also regularly use Highway 62/180 between my home and Carlsbad where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad that Holtec plans to use to transport spent nuclear fuel to the Facility. See Attachment B. I use this Highway regularly to go grocery shopping, and to attend and participate in rodeos in Carlsbad. I also drive from Highway 62/180 to Highway 360 to visit Artesia. Highway 360 intersects with the railroad that Holtec plans to use to transport spent nuclear fuel to the Facility. When I am driving on these highways and roads, I notice rail cars near me.
- 7. I am concerned about the risks to my home, my health and safety, the health and safety of my family, and my environment posed by the construction and operation of the Facility, and by transportation of spent nuclear fuel to the Facility.
- 8. I am concerned about the radiation risks to me and my family posed by living next to a facility housing such an enormous inventory of radioactive material as the Facility. I am especially concerned how the Facility could impact my children and young grandchildren. I am also concerned that an accident involving spent nuclear fuel at the Facility will harm my family and home due to radiological exposure.
- 9. I am also concerned about the impact the Facility will have on the value of my home and the Smith Ranch because I am concerned that the Facility will deter people from wanting to live in this area. It is my understanding that property values near a nuclear facility can be reduced as early as when it receives its license to operate due to real or perceived risks of exposure to radiation releases from the nearby facility. It is also my understanding that property values may continue to decrease as the facility is constructed and operating.
2 STANDING ADD 36
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 38 of 245 Exhibit 4
- 10. I am also concerned that if no solution is found to the problem of nuclear waste, it may wind up at the Facility indefinitely and cause severe economic impacts to the Smith Ranch and my local economy due to our proximity to the nations de facto permanent nuclear waste dump.
- 11. I am also concerned that the additional traffic from the Facility will harm myself or my family, especially because I have young family members who are currently driven to school on these roads, and who will soon be learning to drive on these roads. The roads in this area are already dangerous because they are overused by the oil and gas industry and were not constructed to withstand the amount of traffic that the industry entails. The roads contain many potholes and are extremely narrow. For example, I have been in an accident in which a passing vehicles mirror and my cars mirror hit each other because of how narrow the road is. It is my understanding that there have already been multiple vehicular deaths in the area and that the Holtec application projects 2.9 deaths from transportation of spent nuclear fuel to the Facility. It is my understanding that the oil and gas industry have proposed the installation of helicopter pads for medical evacuations related to industry operations, as well as 600-800 man camps to house workers, which will only exacerbate the traffic and worsen road conditions.
- 12. I am also concerned that my family and I will not be able to avoid small doses of unwanted radiation from driving next to rail cars carrying shipments of spent nuclear fuel, including radiation from potential contamination on the outside of the casks, which will harm our health and safety. I am also concerned that we cannot avoid higher doses of unwanted radiation should Holtec transport the spent nuclear fuel by truck along Highway 62/180, Highway 176/243, and other roads in the area that we frequent.
- 13. I am also concerned my grandsons cannot avoid doses of unwanted radiation from passing next to the Facility while being bused to and from school.
- 14. I am also concerned with the impacts to my interest and right to travel near my home posed by Holtecs proposed transportation routes for spent nuclear fuel. We will not be able to avoid highways and roads that are involved with transporting spent nuclear fuel to the Facility in order to ensure myself and my family travel on the safest roads to avoid unwanted doses of radiation or potential accidents involving the transportation of spent nuclear fuel because 3
STANDING ADD 37
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 39 of 245 Exhibit 4 these highways and roads are our primary routes to access work, school, and recreational activities.
- 15. Finally, I am concerned that Holtecs license application is inadequate and illegal as written, and that my interests will not be adequately represented in this action without the opportunity for Beyond Nuclear to intervene as a party in the NRC proceeding on my behalf.
- 16. Therefore, I previously authorized Beyond Nuclear to protect my interests by representing me in both (a) a motion to the NRC to dismiss Holtecs license application and (b) a petition to intervene in the NRCs licensing proceeding for the Facility. When the NRC denied Beyond Nuclears motion to dismiss Holtecs license application, I authorized Beyond Nuclear to appeal that decision to this court. Now that NRC has denied Beyond Nuclears petition to intervene, I authorize Beyond Nuclear to appeal that decision to this court.
[Remainder of this page intentionally left blank.] 4 STANDING ADD 38
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 PageExhibit 40 of4245 The declarant has caused this Declaration to be executed as of the date below. Signed,
\,
M argo Smith Dated: 7 -W W 5 STANDING ADD 39
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 41 of 245 Margo Smith's Home 258 Smith Ranch Road, Hobbs, New Mexico, 88240 Current routes fro, [ill Smith home to Hat!, Daughter Keli Hatley's Home [ill and Logan homes 307 Laguna Road, Hobbs, New Mexico, 88240 Attachment A 0 ,itj*t,";
- v,,$.'P .
Declaration of Margo Smith
@)
~ \___ @]
~ To daughter Stephanie
/ Logan's Home l¥J 111 Goathea~ad,
@) ~ , Hobbs, New Me>:1co, J 88240 STANDING ADD 40 Exhibit 4
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 42 of 245 Exhibit 4 Declaration of Margo Smith Attachment B Figure 2.12 SWRR Carlsbad Division r ~ Roosev e II uncoln \
<h Ch av es <(
....__ _ _1><
w Ote 10 Eddy TEXAS Map Locati on
- ca~sbad Division
_,_._ Ra,I I.Jne Holtec Facility Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad 0 S 10 _\ N 20 30
-==-=-- -===- - ""'"'
j,!l,fJ?H 40 New Mexico Department of Transportation, New Mexico State Rail Plan, 2-23 (Mar. 27, 2014) (Holtec Facility and Highway 62/180 where it parallels the Burlington Northern Santa Fe Carlsbad Subdivision railroad added) STANDING ADD 41
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 43 of 245 EXHIBIT 5 AFFIRMATION OF DECLARATION OF GENE HARBAUGH ATTACHMENT A: DECLARATION OF GENE HARBAUGH STANDING ADD 42
JUL/12/2023/WED II:00 AM FAX No, P 001 Exhibit 5 ORALARGUMENTNOTYETSCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUlT Page 44 of 245 BEYOND NUCLEAR, INC., et al., Petitioners, No. 20-1187, V, consolidated with Nos. 20-1225, 21-1104, 21-1147 Filed: 09/01/2023 UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNlTED STATES OF AMERICA, Res ondents. AFFIRMATION OF DECLARATION OF GENE HARBAUGH Under penalty of perjury, I, Gene Harbaugh, declare as follows: Document #2015102 I. I have reviewed my standing declaration, entitled "Declaration of Gene Harbaugh" dated June 20, 2020 (the "Standing Declaration"), filed with this Court on July 9, 2020 in the above captioned proceeding, and attached to this Affirmation as Attachment A.
- 2. As of the date of this Affirmation, all infonnation in the Standing Declaration remains true and conect.
USCA Case #20-1187
- 3. l reaffinn the Standing Declaration.
[Remainder of page intentionally left blank.] STANDING ADD 43
JUL/12/2023/WED II:00 AM FAX No. P 002 Exhibit 5 The declarant has caused this Affirmation to be executed as of the date below. Page 45 of 245 Filed: 09/01/2023 Document #2015102 USCA Case #20-1187 STANDING ADD 44
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 46 of 245 ATTACHMENT A Declaration of Gene Harbaugh UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
)
BEYOND NUCLEAR, INC., )
)
Petitioner, ) No. 20-1187,
) consolidated with No. 20-1225
- v. )
)
UNITED STATES NUCLEAR ) REGULATORY COMMISSION and the ) UNITED STATES OF AMERICA, )
)
Respondents. )
)
DECLARATION OF GENE HARBAUGH Under penalty of perjury, I, Gene Harbaugh, declare as follows:
- 1. I am a member of Beyond Nuclear, Inc. (Beyond Nuclear).
- 2. I live at 601 East Orchard Lane, Carlsbad, New Mexico 88220. My home lies within 250 yards of the Burlington Northern Santa Fe Carlsbad Subdivision railroad and 500 yards of a railyard on which, as I understand, Holtec International (Holtec) proposes to transport spent nuclear fuel to the Holtec Consolidated Interim Storage Facility (the Facility). I have attached a map identifying the location of my house, the railroad, and the railyard. See Attachment A.
- 3. I am concerned about risks to my health and safety, my environment, and my property value posed by normal and accidental radiation releases during transportation of spent fuel to and from the Facility.
- 4. Because I live close to the transportation route and regularly drive on roads in the area, I cannot avoid small doses of unwanted radiation from each shipment of spent nuclear fuel during normal operations, including radiation from potential contamination on the outside of the casks, which will harm STANDING ADD 45
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 47 of 245 my health and safety. I am especially concerned with any trains carrying spent nuclear fuel that will wait at the railyard near my home for extended periods of time, exposing me to higher levels of unwanted and unavoidable doses of radiation. I am also concerned my travel interests and rights will be impacted by not knowing which roads are the safest to travel on to avoid these unwanted doses of radiation and avoid potential accidents with trains carrying spent nuclear fuel.
- 5. I am also concerned that a rail accident of a spent nuclear fuel shipment may occur along this route of rail and harm my health and safety, and my environment (including my property). I believe there is a higher likelihood of an accident occurring near my property than elsewhere because of a combination of two factors: it is my understanding that (i) these railroads are already overburdened from the oil and gas boom in the area and are thus more susceptible to accident, and (ii) every shipment of spent nuclear fuel being sent to the Facility will have to pass along this rail corridor and the likelihood of accident increases in correlation with the number of shipments.
- 6. I am also concerned about the impact the transportation of spent nuclear fuel on these railroads will have on my property value. It is my understanding that property values along spent nuclear fuel transportation routes can be reduced due to real or perceived risks from the transportation.
- 7. Finally, I am concerned that Holtecs license application is inadequate and illegal as written and that my interests will not be adequately represented in this action without the opportunity for Beyond Nuclear to intervene as a party in the NRC proceeding on my behalf.
- 8. Therefore, I previously authorized Beyond Nuclear to protect my interests by representing me in both (a) a motion to the NRC to dismiss Holtecs license application and (b) a petition to intervene in the NRCs licensing proceeding for the Facility. When the NRC denied Beyond Nuclears motion to dismiss Holtecs license application, I authorized Beyond Nuclear to appeal that decision to this court. Now that NRC has denied Beyond Nuclears petition to intervene, I authorize Beyond Nuclear to appeal that decision to this court.
[Remainder of this page intentionally left blank.] 2 STANDING ADD 46
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 48 of 245 The declarant has caused this Declaration to be executed as of the date below. 3 l6ZIS88SIS *oN XVtl STANDING ADD 47
9/4/2018 601 E Orchard Ln - Google Maps USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 49Exhibit of 245 5 601 E Orchard Ln 'HFODUDWLRQRI*HQH+DUEDXJK$WWDFKPHQW$ Harbaugh Home
~1,500 feet
~630 feet Map data ©2018 Google 200 ft 601 E Orchard Ln Carlsbad, NM 88220 CQRJ+RH Carlsbad North, New Mexico STANDING ADD 48 https://www.google.com/maps/place/601+E+Orchard+Ln,+Carlsbad,+NM+88220/@32.442087,-104.2207287,17z/data=!3m1!4b1!4m5!3m4!1s0x86e3 1/1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 50 of 245 STATUTORY ADDENDUM STATUTORY ADD 1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 51 of 245 TABLE OF CONTENTS Statutes Administrative Procedure Act 5 U.S.C. § 702 .................................................................................................ADD 4 5 U.S.C. § 706 .................................................................................................ADD 6 Atomic Energy Act 42 U.S.C. § 2201(b) ........................................................................................ADD 8 42 U.S.C. § 2239(b) ......................................................................................ADD 10 Hobbs Act 28 U.S.C. § 2342 ...........................................................................................ADD 14 28 U.S.C. § 2344 ...........................................................................................ADD 17 Nuclear Waste Policy Act 42 U.S.C. § 10101 .........................................................................................ADD 19 Subtitle A, 42 U.S.C. §§ 10121-45 ...............................................................ADD 25 Subtitle B, 42 U.S.C. §§ 10151-57 ...............................................................ADD 70 Subtitle C, 42 U.S.C. §§ 10161-69 ...............................................................ADD 94 42 U.S.C. § 10222 .......................................................................................ADD 112 Regulations 10 C.F.R. § 72.2 (1980) ...............................................................................ADD 126 10 C.F.R. § 72.3(p) (1980) ..........................................................................ADD 127 10 C.F.R. § 72.31(a) (1980) ........................................................................ADD 130 STATUTORY ADD 3
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 52 of 245 10 C.F.R. § 72.40(a) (1988) ........................................................................ADD 155 Federal Register Notices Nuclear Regulatory Commission, Final Rule on Licensing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage Installation, 45 Fed. Reg. 74,693 (Nov. 12, 1980) .......................................................................ADD 119 Nuclear Regulatory Commission, Final Rule on Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste, 53 Fed. Reg. 31,651 (Aug. 19, 1988) ...............................................................ADD 140 Nuclear Regulatory Commission, Holtec International; HI-STORE Consolidated Interim Storage Facility; Notice of License application; docketing, 83 Fed. Reg. 12,034 (March 19, 2018) ............................................................................ADD 174 Nuclear Regulatory Commission, Holtec International; HI-STORE Consolidated Interim Storage Facility; Notice of License application; opportunity to request a hearing and to petition for leave to intervene; order, 83 Fed. Reg. 32.919 (July 16, 2018) ................................................ADD 178 Nuclear Regulatory Commission, Notice of Revised License Application and Opportunity to Request a Hearing and to Petition for Leave to Intervene in Interim Storage Partner's Waste Control Specialists Consolidated Interim Storage Facility, 83 Fed. Reg. 44,070 (Aug. 29, 2018) ..............................ADD 186 Nuclear Regulatory Commission, Holtec International; HI-STORE Consolidated Interim Storage Facility; Notice of License Issuance, 88 Fed. Reg. 30,801 (May 12, 2023) ..........................................................ADD 193 STATUTORY ADD 3
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 53 of 245 5 U.S.C. § 702 STATUTORY ADD 4
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 54 of 245 United States Code Annotated Title 5. Government Organization and Employees (Refs & Annos) Part I. The Agencies Generally Chapter 7. Judicial Review (Refs & Annos) 5 U.S.C.A. § 702
§ 702. Right of review A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.
STATUTORY ADD 5
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 55 of 245 5 U.S.C. § 706 STATUTORY ADD 6
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 56 of 245 United States Code Annotated Title 5. Government Organization and Employees (Refs & Annos) Part I. The Agencies Generally Chapter 7. Judicial Review (Refs & Annos) 5 U.S.C.A. § 706
§ 706. Scope of review To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall--
(1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. STATUTORY ADD 7
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 57 of 245 42 U.S.C. § 2201(b) STATUTORY ADD 8
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 58 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 23. Development and Control of Atomic Energy (Refs & Annos) Division a. Atomic Energy Subchapter XIII. General Authority of Commission (Refs
& Annos) 42 U.S.C.A. § 2201 § 2201. General duties of Commission In the performance of its functions the Commission is authorized to--
(b) Standards governing use and possession of material establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life or property; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation's common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235; STATUTORY ADD 9
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 59 of 245 42 U.S.C. § 2239(b) STATUTORY ADD 10
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 60 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 23. Development and Control of Atomic Energy (Refs & Annos) Division a. Atomic Energy Subchapter XV. Judicial Review and Administrative Procedure (Refs & Annos) 42 U.S.C.A. § 2239
§ 2239. Hearings and judicial review (a)(1)(A) In any proceeding under this chapter, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, and in any proceeding for the payment of compensation, an award or royalties under sections 2183, 2187, 2236(c) or 2238 of this title, the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. The Commission shall hold a hearing after thirty days' notice and publication once in the Federal Register, on each application under section 2133 or 2134(b) of this title for a construction permit for a facility, and on any application under section 2134(c) of this title for a construction permit for a testing facility. In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon thirty days' notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days' notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.
(B)(i) Not less than 180 days before the date scheduled for initial loading of fuel into a plant by a licensee that has been issued a combined construction permit and operating license under section 2235(b) of this title, the Commission shall publish in the Federal Register notice of intended operation. That notice shall provide that any person whose interest may be affected by operation of the plant, may within 60 days request the Commission to hold a hearing on whether the facility as STATUTORY ADD 11
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 61 of 245 constructed complies, or on completion will comply, with the acceptance criteria of the license. (ii) A request for hearing under clause (i) shall show, prima facie, that one or more of the acceptance criteria in the combined license have not been, or will not be met, and the specific operational consequences of nonconformance that would be contrary to providing reasonable assurance of adequate protection of the public health and safety. (iii) After receiving a request for a hearing under clause (i), the Commission expeditiously shall either deny or grant the request. If the request is granted, the Commission shall determine, after considering petitioners' prima facie showing and any answers thereto, whether during a period of interim operation, there will be reasonable assurance of adequate protection of the public health and safety. If the Commission determines that there is such reasonable assurance, it shall allow operation during an interim period under the combined license. (iv) The Commission, in its discretion, shall determine appropriate hearing procedures, whether informal or formal adjudicatory, for any hearing under clause (i), and shall state its reasons therefor. (v) The Commission shall, to the maximum possible extent, render a decision on issues raised by the hearing request within 180 days of the publication of the notice provided by clause (i) or the anticipated date for initial loading of fuel into the reactor, whichever is later. Commencement of operation under a combined license is not subject to subparagraph (A). (2)(A) The Commission may issue and make immediately effective any amendment to an operating license or any amendment to a combined construction and operating license, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. Such amendment may be issued and made immediately effective in advance of the holding and completion of any required hearing. In determining under this section whether such amendment involves no significant hazards consideration, the Commission shall consult with the State in which the facility involved is located. In all other respects such amendment shall meet the requirements of this chapter. (B) The Commission shall periodically (but not less frequently than once every thirty days) publish notice of any amendments issued, or proposed to be issued, as STATUTORY ADD 12
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 62 of 245 provided in subparagraph (A). Each such notice shall include all amendments issued, or proposed to be issued, since the date of publication of the last such periodic notice. Such notice shall, with respect to each amendment or proposed amendment (i) identify the facility involved; and (ii) provide a brief description of such amendment. Nothing in this subsection shall be construed to delay the effective date of any amendment. (C) The Commission shall, during the ninety-day period following the effective date of this paragraph, promulgate regulations establishing (i) standards for determining whether any amendment to an operating license or any amendment to a combined construction and operating license involves no significant hazards consideration; (ii) criteria for providing or, in emergency situations, dispensing with prior notice and reasonable opportunity for public comment on any such determination, which criteria shall take into account the exigency of the need for the amendment involved; and (iii) procedures for consultation on any such determination with the State in which the facility involved is located. (b) The following Commission actions shall be subject to judicial review in the manner prescribed in chapter 158 of Title 28 and chapter 7 of Title 5: (1) Any final order entered in any proceeding of the kind specified in subsection (a). (2) Any final order allowing or prohibiting a facility to begin operating under a combined construction and operating license. (3) Any final order establishing by regulation standards to govern the Department of Energy's gaseous diffusion uranium enrichment plants, including any such facilities leased to a corporation established under the USEC Privatization Act. (4) Any final determination under section 2297f(c) of this title relating to whether the gaseous diffusion plants, including any such facilities leased to a corporation established under the USEC Privatization Act, are in compliance with the Commission's standards governing the gaseous diffusion plants and all applicable laws. STATUTORY ADD 13
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 63 of 245 28 U.S.C. § 2342 STATUTORY ADD 14
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 64 of 245 United States Code Annotated Title 28. Judiciary and Judicial Procedure (Refs & Annos) Part VI. Particular Proceedings Chapter 158. Orders of Federal Agencies; Review (Refs & Annos) 28 U.S.C.A. § 2342
§ 2342. Jurisdiction of court of appeals The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of (1) all final orders of the Federal Communications Commission made reviewable by section 402(a) of title 47; (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of (A) the Secretary of Transportation issued pursuant to section 50501, 50502, 56101-56104, or 57109 of title 46 or pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49; and (B) the Federal Maritime Commission issued pursuant to section 305, 41304, 41308, or 41309 or chapter 421 or 441 of title 46; (4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42; (5) all rules, regulations, or final orders of the Surface Transportation Board made reviewable by section 2321 of this title; (6) all final orders under section 812 of the Fair Housing Act; and (7) all final agency actions described in section 20114(c) of title 49.
STATUTORY ADD 15
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 65 of 245 Jurisdiction is invoked by filing a petition as provided by section 2344 of this title. STATUTORY ADD 16
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 66 of 245 28 U.S.C. § 2344 STATUTORY ADD 17
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 67 of 245 United States Code Annotated Title 28. Judiciary and Judicial Procedure (Refs & Annos) Part VI. Particular Proceedings Chapter 158. Orders of Federal Agencies; Review (Refs & Annos) 28 U.S.C.A. § 2344
§ 2344. Review of orders; time; notice; contents of petition; service On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules.
Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of-(1) the nature of the proceedings as to which review is sought; (2) the facts on which venue is based; (3) the grounds on which relief is sought; and (4) the relief prayed. The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt. STATUTORY ADD 18
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 68 of 245 42 U.S.C. § 10101 STATUTORY ADD 19
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 69 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) 42 U.S.C.A. § 10101
§ 10101. Definitions For purposes of this chapter:
(1) The term Administrator means the Administrator of the Environmental Protection Agency. (2) The term affected Indian tribe means any Indian tribe (A) within whose reservation boundaries a monitored retrievable storage facility, test and evaluation facility, or a repository for high-level radioactive waste or spent fuel is proposed to be located; (B) whose federally defined possessory or usage rights to other lands outside of the reservation's boundaries arising out of congressionally ratified treaties may be substantially and adversely affected by the locating of such a facility: Provided, That the Secretary of the Interior finds, upon the petition of the appropriate governmental officials of the tribe, that such effects are both substantial and adverse to the tribe;1 (3) The term atomic energy defense activity means any activity of the Secretary performed in whole or in part in carrying out any of the following functions: (A) naval reactors development; (B) weapons activities including defense inertial confinement fusion; (C) verification and control technology; (D) defense nuclear materials production; (E) defense nuclear waste and materials by-products management; STATUTORY ADD 20
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 70 of 245 (F) defense nuclear materials security and safeguards and security investigations; and (G) defense research and development. (4) The term candidate site means an area, within a geologic and hydrologic system, that is recommended by the Secretary under section 10132 of this title for site characterization, approved by the President under section 10132 of this title for site characterization, or undergoing site characterization under section 10133 of this title. (5) The term civilian nuclear activity means any atomic energy activity other than an atomic energy defense activity. (6) The term civilian nuclear power reactor means a civilian nuclear powerplant required to be licensed under section 2133 or 2134(b) of this title. (7) The term Commission means the Nuclear Regulatory Commission. (8) The term Department means the Department of Energy. (9) The term disposal means the emplacement in a repository of high-level radioactive waste, spent nuclear fuel, or other highly radioactive material with no foreseeable intent of recovery, whether or not such emplacement permits the recovery of such waste. (10) The terms disposal package and package mean the primary container that holds, and is in contact with, solidified high-level radioactive waste, spent nuclear fuel, or other radioactive materials, and any overpacks that are emplaced at a repository. (11) The term engineered barriers means manmade components of a disposal system designed to prevent the release of radionuclides into the geologic medium involved. Such term includes the high-level radioactive waste form, high-level radioactive waste canisters, and other materials placed over and around such canisters. (12) The term high-level radioactive waste means STATUTORY ADD 21
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 71 of 245 (A) the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and (B) other highly radioactive material that the Commission, consistent with existing law, determines by rule requires permanent isolation. (13) The term Federal agency means any Executive agency, as defined in section 105 of Title 5. (14) The term Governor means the chief executive officer of a State. (15) The term Indian tribe means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village, as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)). (16) The term low-level radioactive waste means radioactive material that-(A) is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or by-product material as defined in section 2014(e)(2) of this title; and (B) the Commission, consistent with existing law, classifies as low-level radioactive waste. (17) The term Office means the Office of Civilian Radioactive Waste Management established in section 10224 of this title. (18) The term repository means any system licensed by the Commission that is intended to be used for, or may be used for, the permanent deep geologic disposal of high-level radioactive waste and spent nuclear fuel, whether or not such system is designed to permit the recovery, for a limited period during initial operation, of any materials placed in such system. Such term includes both surface and subsurface areas at which high-level radioactive waste and spent nuclear fuel handling activities are conducted. (19) The term reservation means STATUTORY ADD 22
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 72 of 245 (A) any Indian reservation or dependent Indian community referred to in clause (a) or (b) of section 1151 of Title 18; or (B) any land selected by an Alaska Native village or regional corporation under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (20) The term Secretary means the Secretary of Energy. (21) The term site characterization means (A) siting research activities with respect to a test and evaluation facility at a candidate site; and (B) activities, whether in the laboratory or in the field, undertaken to establish the geologic condition and the ranges of the parameters of a candidate site relevant to the location of a repository, including borings, surface excavations, excavations of exploratory shafts, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository, but not including preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken. (22) The term siting research means activities, including borings, surface excavations, shaft excavations, subsurface lateral excavations and borings, and in situ testing, to determine the suitability of a site for a test and evaluation facility. (23) The term spent nuclear fuel means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. (24) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. STATUTORY ADD 23
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 73 of 245 (25) The term storage means retention of high-level radioactive waste, spent nuclear fuel, or transuranic waste with the intent to recover such waste or fuel for subsequent use, processing, or disposal. (26) The term Storage Fund means the Interim Storage Fund established in section 10156(c) of this title. (27) The term test and evaluation facility means an at-depth, prototypic, underground cavity with subsurface lateral excavations extending from a central shaft that is used for research and development purposes, including the development of data and experience for the safe handling and disposal of solidified high-level radioactive waste, transuranic waste, or spent nuclear fuel. (28) The term unit of general local government means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State. (29) The term Waste Fund means the Nuclear Waste Fund established in section 10222(c) of this title. (30) The term Yucca Mountain site means the candidate site in the State of Nevada recommended by the Secretary to the President under section 10132(b)(1)(B) of this title on May 27, 1986. (31) The term affected unit of local government means the unit of local government with jurisdiction over the site of a repository or a monitored retrievable storage facility. Such term may, at the discretion of the Secretary, include units of local government that are contiguous with such unit. (32) The term Negotiator means the Nuclear Waste Negotiator. (33) As used in subchapter IV, the term Office means the Office of the Nuclear Waste Negotiator established under subchapter IV of this chapter. (34) The term monitored retrievable storage facility means the storage facility described in section 10161(b)(1) of this title. STATUTORY ADD 24
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 74 of 245 Subtitle A, 42 U.S.C. §§ 10121-45 STATUTORY ADD 25
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 75 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste 42 U.S.C.A. § 10121
§ 10121. State and affected Indian tribe participation in development of proposed repositories for defense waste (a) Notification to States and affected Indian tribes Notwithstanding the provisions of section 10107 of this title, upon any decision by the Secretary or the President to develop a repository for the disposal of high-level radioactive waste or spent nuclear fuel resulting exclusively from atomic energy defense activities, research and development activities of the Secretary, or both, and before proceeding with any site-specific investigations with respect to such repository, the Secretary shall notify the Governor and legislature of the State in which such repository is proposed to be located, or the governing body of the affected Indian tribe on whose reservation such repository is proposed to be located, as the case may be, of such decision.
(b) Participation of States and affected Indian tribes Following the receipt of any notification under subsection (a), the State or Indian tribe involved shall be entitled, with respect to the proposed repository involved, to rights of participation and consultation identical to those provided in sections 10135 through 10138 of this title, except that any financial assistance authorized to be provided to such State or affected Indian tribe under section 10136(c) or 10138(b) of this title shall be made from amounts appropriated to the Secretary for purposes of carrying out this section. STATUTORY ADD 26
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 76 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10131
§ 10131. Findings and purposes (a) The Congress finds that--
(1) radioactive waste creates potential risks and requires safe and environmentally acceptable methods of disposal; (2) a national problem has been created by the accumulation of (A) spent nuclear fuel from nuclear reactors; and (B) radioactive waste from (i) reprocessing of spent nuclear fuel; (ii) activities related to medical research, diagnosis, and treatment; and (iii) other sources; (3) Federal efforts during the past 30 years to devise a permanent solution to the problems of civilian radioactive waste disposal have not been adequate; (4) while the Federal Government has the responsibility to provide for the permanent disposal of high-level radioactive waste and such spent nuclear fuel as may be disposed of in order to protect the public health and safety and the environment, the costs of such disposal should be the responsibility of the generators and owners of such waste and spent fuel; (5) the generators and owners of high-level radioactive waste and spent nuclear fuel have the primary responsibility to provide for, and the responsibility to pay the costs of, the interim storage of such waste and spent fuel until such waste and spent fuel is accepted by the Secretary of Energy in accordance with the provisions of this chapter; (6) State and public participation in the planning and development of repositories is essential in order to promote public confidence in the safety of disposal of such waste and spent fuel; and STATUTORY ADD 27
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 77 of 245 (7) high-level radioactive waste and spent nuclear fuel have become major subjects of public concern, and appropriate precautions must be taken to ensure that such waste and spent fuel do not adversely affect the public health and safety and the environment for this or future generations. (b) The purposes of this part are (1) to establish a schedule for the siting, construction, and operation of repositories that will provide a reasonable assurance that the public and the environment will be adequately protected from the hazards posed by high-level radioactive waste and such spent nuclear fuel as may be disposed of in a repository; (2) to establish the Federal responsibility, and a definite Federal policy, for the disposal of such waste and spent fuel; (3) to define the relationship between the Federal Government and the State governments with respect to the disposal of such waste and spent fuel; and (4) to establish a Nuclear Waste Fund, composed of payments made by the generators and owners of such waste and spent fuel, that will ensure that the costs of carrying out activities relating to the disposal of such waste and spent fuel will be borne by the persons responsible for generating such waste and spent fuel. STATUTORY ADD 28
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 78 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10132
§ 10132. Recommendation of candidate sites for site characterization (a) Guidelines Not later than 180 days after January 7, 1983, the Secretary, following consultation with the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Director of the United States Geological Survey, and interested Governors, and the concurrence of the Commission shall issue general guidelines for the recommendation of sites for repositories. Such guidelines shall specify detailed geologic considerations that shall be primary criteria for the selection of sites in various geologic media. Such guidelines shall specify factors that qualify or disqualify any site from development as a repository, including factors pertaining to the location of valuable natural resources, hydrology, geophysics, seismic activity, and atomic energy defense activities, proximity to water supplies, proximity to populations, the effect upon the rights of users of water, and proximity to components of the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Wilderness Preservation System, or National Forest Lands. Such guidelines shall take into consideration the proximity to sites where high-level radioactive waste and spent nuclear fuel is generated or temporarily stored and the transportation and safety factors involved in moving such waste to a repository.
Such guidelines shall specify population factors that will disqualify any site from development as a repository if any surface facility of such repository would be located (1) in a highly populated area; or (2) adjacent to an area 1 mile by 1 mile having a population of not less than 1,000 individuals. Such guidelines also shall require the Secretary to consider the cost and impact of transporting to the repository site the solidified high-level radioactive waste and spent fuel to be disposed of in the repository and the advantages of regional distribution in the siting of repositories. Such guidelines shall require the Secretary to consider the various geologic media in which sites for repositories may be located and, to the extent practicable, to recommend sites in different geologic media. The Secretary STATUTORY ADD 29
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 79 of 245 shall use guidelines established under this subsection in considering candidate sites for recommendation under subsection (b). The Secretary may revise such guidelines from time to time, consistent with the provisions of this subsection. (b) Recommendation by Secretary to President (1)(A) Following the issuance of guidelines under subsection (a) and consultation with the Governors of affected States, the Secretary shall nominate at least 5 sites that he determines suitable for site characterization for selection of the first repository site. (B) Subsequent to such nomination, the Secretary shall recommend to the President 3 of the nominated sites not later than January 1, 1985 for characterization as candidate sites. (C) Such recommendations under subparagraph (B) shall be consistent with the provisions of section 10225 of this title. (D) Each nomination of a site under this subsection shall be accompanied by an environmental assessment, which shall include a detailed statement of the basis for such recommendation and of the probable impacts of the site characterization activities planned for such site, and a discussion of alternative activities relating to site characterization that may be undertaken to avoid such impacts. Such environmental assessment shall include (i) an evaluation by the Secretary as to whether such site is suitable for site characterization under the guidelines established under subsection (a); (ii) an evaluation by the Secretary as to whether such site is suitable for development as a repository under each such guideline that does not require site characterization as a prerequisite for application of such guideline; (iii) an evaluation by the Secretary of the effects of the site characterization activities at such site on the public health and safety and the environment; (iv) a reasonable comparative evaluation by the Secretary of such site with other sites and locations that have been considered; (v) a description of the decision process by which such site was recommended; and STATUTORY ADD 30
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 80 of 245 (vi) an assessment of the regional and local impacts of locating the proposed repository at such site. (E)(i) The issuance of any environmental assessment under this paragraph shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of Title 5 and section 10139 of this title. Such judicial review shall be limited to the sufficiency of such environmental assessment with respect to the items described in clauses (i) through (vi) of subparagraph (E). (F) Each environmental assessment prepared under this paragraph shall be made available to the public. (G) Before nominating a site, the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, of such nomination and the basis for such nomination. (2) Before nominating any site the Secretary shall hold public hearings in the vicinity of such site to inform the residents of the area in which such site is located of the proposed nomination of such site and to receive their comments. At such hearings, the Secretary shall also solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment described in paragraph (1) and the site characterization plan described in section 10133(b)(1) of this title. (3) In evaluating the sites nominated under this section prior to any decision to recommend a site as a candidate site, the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at a site unless (i) such preliminary boring or excavation activities were in progress on January 7, 1983, or (ii) the Secretary certifies that such available information from other sources, in the absence of preliminary borings or excavations, will not be adequate to satisfy applicable requirements of this chapter or any other law: Provided, That preliminary borings or excavations under this section shall not exceed a diameter of 6 inches. (c) Presidential review of recommended candidate sites (1) The President shall review each candidate site recommendation made by the Secretary under subsection (b). Not later than 60 days after the submission by the Secretary of a recommendation of a candidate site, the President, in his discretion, STATUTORY ADD 31
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 81 of 245 may either approve or disapprove such candidate site, and shall transmit any such decision to the Secretary and to either the Governor and legislature of the State in which such candidate site is located, or the governing body of the affected Indian tribe where such candidate site is located, as the case may be. If, during such 60-day period, the President fails to approve or disapprove such candidate site, or fails to invoke his authority under paragraph (2) to delay his decision, such candidate site shall be considered to be approved, and the Secretary shall notify such Governor and legislature, or governing body of the affected Indian tribe, of the approval of such candidate site by reason of the inaction of the President. (2) The President may delay for not more than 6 months his decision under paragraph (1) to approve or disapprove a candidate site, upon determining that the information provided with the recommendation of the Secretary is insufficient to permit a decision within the 60-day period referred to in paragraph (1). The President may invoke his authority under this paragraph by submitting written notice to the Congress, within such 60-day period, of his intent to invoke such authority. If the President invokes such authority, but fails to approve or disapprove the candidate site involved by the end of such 6-month period, such candidate site shall be considered to be approved, and the Secretary shall notify such Governor and legislature, or governing body of the affected Indian tribe, of the approval of such candidate site by reason of the inaction of the President. (d) Preliminary activities Except as otherwise provided in this section, each activity of the President or the Secretary under this section shall be considered to be a preliminary decisionmaking activity. No such activity shall require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any environmental review under subparagraph (E) or (F) of section 102(2) of such Act. STATUTORY ADD 32
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 82 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10133
§ 10133. Site characterization (a) In general The Secretary shall carry out, in accordance with the provisions of this section, appropriate site characterization activities at the Yucca Mountain site. The Secretary shall consider fully the comments received under subsection (b)(2) and section 10132(b)(2) of this title and shall, to the maximum extent practicable and in consultation with the Governor of the State of Nevada, conduct site characterization activities in a manner that minimizes any significant adverse environmental impacts identified in such comments or in the environmental assessment submitted under subsection (b)(1).
(b) Commission and States (1) Before proceeding to sink shafts at the Yucca Mountain site, the Secretary shall submit for such candidate site to the Commission and to the Governor or legislature of the State of Nevada, for their review and comment (A) a general plan for site characterization activities to be conducted at such candidate site, which plan shall include (i) a description of such candidate site; (ii) a description of such site characterization activities, including the following: the extent of planned excavations, plans for any onsite testing with radioactive or nonradioactive material, plans for any investigation activities that may affect the capability of such candidate site to isolate high-level radioactive waste and spent nuclear fuel, and plans to control any adverse, safety-related impacts from such site characterization activities; STATUTORY ADD 33
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 83 of 245 (iii) plans for the decontamination and decommissioning of such candidate site, and for the mitigation of any significant adverse environmental impacts caused by site characterization activities if it is determined unsuitable for application for a construction authorization for a repository; (iv) criteria to be used to determine the suitability of such candidate site for the location of a repository, developed pursuant to section 10132(a) of this title; and (v) any other information required by the Commission; (B) a description of the possible form or packaging for the high-level radioactive waste and spent nuclear fuel to be emplaced in such repository, a description, to the extent practicable, of the relationship between such waste form or packaging and the geologic medium of such site, and a description of the activities being conducted by the Secretary with respect to such possible waste form or packaging or such relationship; and (C) a conceptual repository design that takes into account likely site-specific requirements. (2) Before proceeding to sink shafts at the Yucca Mountain site, the Secretary shall (A) make available to the public the site characterization plan described in paragraph (1); and (B) hold public hearings in the vicinity of such candidate site to inform the residents of the area in which such candidate site is located of such plan, and to receive their comments. (3) During the conduct of site characterization activities at the Yucca Mountain site, the Secretary shall report not less than once every 6 months to the Commission and to the Governor and legislature of the State of Nevada, on the nature and extent of such activities and the information developed from such activities. (c) Restrictions (1) The Secretary may conduct at the Yucca Mountain site only such site characterization activities as the Secretary considers necessary to provide the data required for evaluation of the suitability of such site for an application to be submitted to the Commission for a construction authorization for a repository at STATUTORY ADD 34
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 84 of 245 such site, and for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) In conducting site characterization activities (A) the Secretary may not use any radioactive material at a site unless the Commission concurs that such use is necessary to provide data for the preparation of the required environmental reports and an application for a construction authorization for a repository at such site; and (B) if any radioactive material is used at a site (i) the Secretary shall use the minimum quantity necessary to determine the suitability of such site for a repository, but in no event more than the curie equivalent of 10 metric tons of spent nuclear fuel; and (ii) such radioactive material shall be fully retrievable. (3) If the Secretary at any time determines the Yucca Mountain site to be unsuitable for development as a repository, the Secretary shall (A) terminate all site characterization activities at such site; (B) notify the Congress, the1 - Governor and legislature of Nevada of such termination and the reasons for such termination; (C) remove any high-level radioactive waste, spent nuclear fuel, or other radioactive materials at or in such site as promptly as practicable; (D) take reasonable and necessary steps to reclaim the site and to mitigate any significant adverse environmental impacts caused by site characterization activities at such site; (E) suspend all future benefits payments under part F with respect to such site; and (F) report to Congress not later than 6 months after such determination the Secretary's recommendations for further action to assure the safe, permanent disposal of spent nuclear fuel and high-level radioactive waste, including the need for new legislative authority. STATUTORY ADD 35
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 85 of 245 (d) Preliminary activities Each activity of the Secretary under this section that is in compliance with the provisions of subsection (c) shall be considered a preliminary decisionmaking activity. No such activity shall require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any environmental review under subparagraph (E) or (F) of section 102(2) of such Act. STATUTORY ADD 36
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 86 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10134
§ 10134. Site approval and construction authorization (a) Hearings and Presidential recommendation (1) The Secretary shall hold public hearings in the vicinity of the Yucca Mountain site, for the purposes of informing the residents of the area of such consideration and receiving their comments regarding the possible recommendation of such site.
If, upon completion of such hearings and completion of site characterization activities at the Yucca Mountain site, under section 10133 of this title, the Secretary decides to recommend approval of such site to the President, the Secretary shall notify the Governor and legislature of the State of Nevada, of such decision. No sooner than the expiration of the 30-day period following such notification, the Secretary shall submit to the President a recommendation that the President approve such site for the development of a repository. Any such recommendation by the Secretary shall be based on the record of information developed by the Secretary under section 10133 of this title and this section, including the information described in subparagraph (A) through subparagraph (G). Together with any recommendation of a site under this paragraph, the Secretary shall make available to the public, and submit to the President, a comprehensive statement of the basis of such recommendation, including the following: (A) a description of the proposed repository, including preliminary engineering specifications for the facility; (B) a description of the waste form or packaging proposed for use at such repository, and an explanation of the relationship between such waste form or packaging and the geologic medium of such site; (C) a discussion of data, obtained in site characterization activities, relating to the safety of such site; STATUTORY ADD 37
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 87 of 245 (D) a final environmental impact statement prepared for the Yucca Mountain site pursuant to subsection (f) and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), together with comments made concerning such environmental impact statement by the Secretary of the Interior, the Council on Environmental Quality, the Administrator, and the Commission, except that the Secretary shall not be required in any such environmental impact statement to consider the need for a repository, the alternatives to geological disposal, or alternative sites to the Yucca Mountain site; (E) preliminary comments of the Commission concerning the extent to which the at-depth site characterization analysis and the waste form proposal for such site seem to be sufficient for inclusion in any application to be submitted by the Secretary for licensing of such site as a repository; (F) the views and comments of the Governor and legislature of any State, or the governing body of any affected Indian tribe, as determined by the Secretary, together with the response of the Secretary to such views; (G) such other information as the Secretary considers appropriate; and (H) any impact report submitted under section 10136(c)(2)(B) of this title by the State of Nevada. (2)(A) If, after recommendation by the Secretary, the President considers the Yucca Mountain site qualified for application for a construction authorization for a repository, the President shall submit a recommendation of such site to Congress. (B) The President shall submit with such recommendation a copy of the statement for such site prepared by the Secretary under paragraph (1). (3)(A) The President may not recommend the approval of the Yucca Mountain site unless the Secretary has recommended to the President under paragraph (1) approval of such site and has submitted to the President a statement for such site as required under such paragraph. (B) No recommendation of a site by the President under this subsection shall require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. STATUTORY ADD 38
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 88 of 245 4332(2)(C)), or to require any environmental review under subparagraph (E) or (F) of section 102(2) of such Act. (b) Submission of application If the President recommends to the Congress the Yucca Mountain site under subsection (a) and the site designation is permitted to take effect under section 10135 of this title, the Secretary shall submit to the Commission an application for a construction authorization for a repository at such site not later than 90 days after the date on which the recommendation of the site designation is effective under such section and shall provide to the Governor and legislature of the State of Nevada a copy of such application. (c) Status report on application Not later than 1 year after the date on which an application for a construction authorization is submitted under subsection (b), and annually thereafter until the date on which such authorization is granted, the Commission shall submit a report to the Congress describing the proceedings undertaken through the date of such report with regard to such application, including a description of (1) any major unresolved safety issues, and the explanation of the Secretary with respect to design and operation plans for resolving such issues; (2) any matters of contention regarding such application; and (3) any Commission actions regarding the granting or denial of such authorization. (d) Commission action The Commission shall consider an application for a construction authorization for all or part of a repository in accordance with the laws applicable to such applications, except that the Commission shall issue a final decision approving or disapproving the issuance of a construction authorization not later than the expiration of 3 years after the date of the submission of such application, except that the Commission may extend such deadline by not more than 12 months if, not less than 30 days before such deadline, the Commission complies with the reporting requirements established in subsection (e)(2). The Commission decision approving the first such application shall prohibit the emplacement in the first STATUTORY ADD 39
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 89 of 245 repository of a quantity of spent fuel containing in excess of 70,000 metric tons of heavy metal or a quantity of solidified high-level radioactive waste resulting from the reprocessing of such a quantity of spent fuel until such time as a second repository is in operation. In the event that a monitored retrievable storage facility, approved pursuant to part C of this subchapter, shall be located, or is planned to be located, within 50 miles of the first repository, then the Commission decision approving the first such application shall prohibit the emplacement of a quantity of spent fuel containing in excess of 70,000 metric tons of heavy metal or a quantity of solidified high-level radioactive waste resulting from the reprocessing of spent fuel in both the repository and monitored retrievable storage facility until such time as a second repository is in operation. (e) Project decision schedule (1) The Secretary shall prepare and update, as appropriate, in cooperation with all affected Federal agencies, a project decision schedule that portrays the optimum way to attain the operation of the repository, within the time periods specified in this part. Such schedule shall include a description of objectives and a sequence of deadlines for all Federal agencies required to take action, including an identification of the activities in which a delay in the start, or completion, of such activities will cause a delay in beginning repository operation. (2) Any Federal agency that determines that it cannot comply with any deadline in the project decision schedule, or fails to so comply, shall submit to the Secretary and to the Congress a written report explaining the reason for its failure or expected failure to meet such deadline, the reason why such agency could not reach an agreement with the Secretary, the estimated time for completion of the activity or activities involved, the associated effect on its other deadlines in the project decision schedule, and any recommendations it may have or actions it intends to take regarding any improvements in its operation or organization, or changes to its statutory directives or authority, so that it will be able to mitigate the delay involved. The Secretary, within 30 days after receiving any such report, shall file with the Congress his response to such report, including the reasons why the Secretary could not amend the project decision schedule to accommodate the Federal agency involved. (f) Environmental impact statement (1) Any recommendation made by the Secretary under this section shall be considered a major Federal action significantly affecting the quality of the human STATUTORY ADD 40
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 90 of 245 environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). A final environmental impact statement prepared by the Secretary under such Act shall accompany any recommendation to the President to approve a site for a repository. (2) With respect to the requirements imposed by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), compliance with the procedures and requirements of this chapter shall be deemed adequate consideration of the need for a repository, the time of the initial availability of a repository, and all alternatives to the isolation of high-level radioactive waste and spent nuclear fuel in a repository. (3) For purposes of complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section, the Secretary need not consider alternate sites to the Yucca Mountain site for the repository to be developed under this part. (4) Any environmental impact statement prepared in connection with a repository proposed to be constructed by the Secretary under this part shall, to the extent practicable, be adopted by the Commission in connection with the issuance by the Commission of a construction authorization and license for such repository. To the extent such statement is adopted by the Commission, such adoption shall be deemed to also satisfy the responsibilities of the Commission under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and no further consideration shall be required, except that nothing in this subsection shall affect any independent responsibilities of the Commission to protect the public health and safety under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). (5) Nothing in this chapter shall be construed to amend or otherwise detract from the licensing requirements of the Nuclear Regulatory Commission established in title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.). (6) In any such statement prepared with respect to the repository to be constructed under this part, the Nuclear Regulatory Commission need not consider the need for a repository, the time of initial availability of a repository, alternate sites to the Yucca Mountain site, or nongeologic alternatives to such site. STATUTORY ADD 41
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 91 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10135
§ 10135. Review of repository site selection (a) Resolution of repository siting approval defined For purposes of this section, the term resolution of repository siting approval means a joint resolution of the Congress, the matter after the resolving clause of which is as follows: That there hereby is approved the site at ..... for a repository, with respect to which a notice of disapproval was submitted by ..... on ...... The first blank space in such resolution shall be filled with the name of the geographic location of the proposed site of the repository to which such resolution pertains; the second blank space in such resolution shall be filled with the designation of the State Governor and legislature or Indian tribe governing body submitting the notice of disapproval to which such resolution pertains; and the last blank space in such resolution shall be filled with the date of such submission.
(b) State or Indian tribe petitions The designation of a site as suitable for application for a construction authorization for a repository shall be effective at the end of the 60-day period beginning on the date that the President recommends such site to the Congress under section 10134 of this title, unless the Governor and legislature of the State in which such site is located, or the governing body of an Indian tribe on whose reservation such site is located, as the case may be, has submitted to the Congress a notice of disapproval under section 10136 or 10138 of this title. If any such notice of disapproval has been submitted, the designation of such site shall not be effective except as provided under subsection (c). (c) Congressional review of petitions If any notice of disapproval of a repository site designation has been submitted to the Congress under section 10136 or 10138 of this title after a recommendation for STATUTORY ADD 42
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 92 of 245 approval of such site is made by the President under section 10134 of this title, such site shall be disapproved unless, during the first period of 90 calendar days of continuous session of the Congress after the date of the receipt by the Congress of such notice of disapproval, the Congress passes a resolution of repository siting approval in accordance with this subsection approving such site, and such resolution thereafter becomes law. (d) Procedures applicable to Senate (1) The provisions of this subsection are enacted by the Congress (A) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions of repository siting approval, and such provisions supersede other rules of the Senate only to the extent that they are inconsistent with such other rules; and (B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate. (2)(A) Not later than the first day of session following the day on which any notice of disapproval of a repository site selection is submitted to the Congress under section 10136 or 10138 of this title, a resolution of repository siting approval shall be introduced (by request) in the Senate by the chairman of the committee to which such notice of disapproval is referred, or by a Member or Members of the Senate designated by such chairman. (B) Upon introduction, a resolution of repository siting approval shall be referred to the appropriate committee or committees of the Senate by the President of the Senate, and all such resolutions with respect to the same repository site shall be referred to the same committee or committees. Upon the expiration of 60 calendar days of continuous session after the introduction of the first resolution of repository siting approval with respect to any site, each committee to which such resolution was referred shall make its recommendations to the Senate. (3) If any committee to which is referred a resolution of siting approval introduced under paragraph (2)(A), or, in the absence of such a resolution, any other resolution of siting approval introduced with respect to the site involved, has not reported such resolution at the end of 60 days of continuous session of Congress STATUTORY ADD 43
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 93 of 245 after introduction of such resolution, such committee shall be deemed to be discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the Senate. (4)(A) When each committee to which a resolution of siting approval has been referred has reported, or has been deemed to be discharged from further consideration of, a resolution described in paragraph (3), it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. Such motion shall not be subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which such motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of such resolution is agreed to, such resolution shall remain the unfinished business of the Senate until disposed of. (B) Debate on a resolution of siting approval, and on all debatable motions and appeals in connection with such resolution, shall be limited to not more than 10 hours, which shall be divided equally between Members favoring and Members opposing such resolution. A motion further to limit debate shall be in order and shall not be debatable. Such motion shall not be subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business, and a motion to recommit such resolution shall not be in order. A motion to reconsider the vote by which such resolution is agreed to or disagreed to shall not be in order. (C) Immediately following the conclusion of the debate on a resolution of siting approval, and a single quorum call at the conclusion of such debate if requested in accordance with the rules of the Senate, the vote on final approval of such resolution shall occur. (D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a resolution of siting approval shall be decided without debate. (5) If the Senate receives from the House a resolution of repository siting approval with respect to any site, then the following procedure shall apply: (A) The resolution of the House with respect to such site shall not be referred to a committee. STATUTORY ADD 44
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 94 of 245 (B) With respect to the resolution of the Senate with respect to such site (i) the procedure with respect to that or other resolutions of the Senate with respect to such site shall be the same as if no resolution from the House with respect to such site had been received; but (ii) on any vote on final passage of a resolution of the Senate with respect to such site, a resolution from the House with respect to such site where the text is identical shall be automatically substituted for the resolution of the Senate. (e) Procedures applicable to House of Representatives (1) The provisions of this section1 - are enacted by the Congress (A) as an exercise of the rulemaking power of the House of Representatives, and as such they are deemed a part of the rules of the House, but applicable only with respect to the procedure to be followed in the House in the case of resolutions of repository siting approval, and such provisions supersede other rules of the House only to the extent that they are inconsistent with such other rules; and (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (2) Resolutions of repository siting approval shall upon introduction, be immediately referred by the Speaker of the House to the appropriate committee or committees of the House. Any such resolution received from the Senate shall be held at the Speaker's table. (3) Upon the expiration of 60 days of continuous session after the introduction of the first resolution of repository siting approval with respect to any site, each committee to which such resolution was referred shall be discharged from further consideration of such resolution, and such resolution shall be referred to the appropriate calendar, unless such resolution or an identical resolution was previously reported by each committee to which it was referred. STATUTORY ADD 45
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 95 of 245 (4) It shall be in order for the Speaker to recognize a Member favoring a resolution to call up a resolution of repository siting approval after it has been on the appropriate calendar for 5 legislative days. When any such resolution is called up, the House shall proceed to its immediate consideration and the Speaker shall recognize the Member calling up such resolution and a Member opposed to such resolution for 2 hours of debate in the House, to be equally divided and controlled by such Members. When such time has expired, the previous question shall be considered as ordered on the resolution to adoption without intervening motion. No amendment to any such resolution shall be in order, nor shall it be in order to move to reconsider the vote by which such resolution is agreed to or disagreed to. (5) If the House receives from the Senate a resolution of repository siting approval with respect to any site, then the following procedure shall apply: (A) The resolution of the Senate with respect to such site shall not be referred to a committee. (B) With respect to the resolution of the House with respect to such site (i) the procedure with respect to that or other resolutions of the House with respect to such site shall be the same as if no resolution from the Senate with respect to such site had been received; but (ii) on any vote on final passage of a resolution of the House with respect to such site, a resolution from the Senate with respect to such site where the text is identical shall be automatically substituted for the resolution of the House. (f) Computation of days For purposes of this section (1) continuity of session of Congress is broken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 90-day period referred to in subsection (c) and the 60-day period referred to in subsections (d) and (e). STATUTORY ADD 46
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 96 of 245 (g) Information provided to Congress In considering any notice of disapproval submitted to the Congress under section 10136 or 10138 of this title, the Congress may obtain any comments of the Commission with respect to such notice of disapproval. The provision of such comments by the Commission shall not be construed as binding the Commission with respect to any licensing or authorization action concerning the repository involved. STATUTORY ADD 47
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 97 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10136
§ 10136. Participation of States (a) Notification of States and affected tribes The Secretary shall identify the States with one or more potentially acceptable sites for a repository within 90 days after January 7, 1983. Within 90 days of such identification, the Secretary shall notify the Governor, the State legislature, and the tribal council of any affected Indian tribe in any State of the potentially acceptable sites within such State. For the purposes of this subchapter, the term potentially acceptable site means any site at which, after geologic studies and field mapping but before detailed geologic data gathering, the Department undertakes preliminary drilling and geophysical testing for the definition of site location.
(b) State participation in repository siting decisions (1) Unless otherwise provided by State law, the Governor or legislature of each State shall have authority to submit a notice of disapproval to the Congress under paragraph (2). In any case in which State law provides for submission of any such notice of disapproval by any other person or entity, any reference in this part to the Governor or legislature of such State shall be considered to refer instead to such other person or entity. (2) Upon the submission by the President to the Congress of a recommendation of a site for a repository, the Governor or legislature of the State in which such site is located may disapprove the site designation and submit to the Congress a notice of disapproval. Such Governor or legislature may submit such a notice of disapproval to the Congress not later than the 60 days after the date that the President recommends such site to the Congress under section 10134 of this title. A notice of disapproval shall be considered to be submitted to the Congress on the date of the transmittal of such notice of disapproval to the Speaker of the House and the President pro tempore of the Senate. Such notice of disapproval shall be STATUTORY ADD 48
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 98 of 245 accompanied by a statement of reasons explaining why such Governor or legislature disapproved the recommended repository site involved. (3) The authority of the Governor or legislature of each State under this subsection shall not be applicable with respect to any site located on a reservation. (c) Financial assistance (1)(A) The Secretary shall make grants to the State of Nevada and any affected unit of local government for the purpose of participating in activities required by this section and section 10137 of this title or authorized by written agreement entered into pursuant to section 10137(c) of this title. Any salary or travel expense that would ordinarily be incurred by such State or affected unit of local government, may not be considered eligible for funding under this paragraph. (B) The Secretary shall make grants to the State of Nevada and any affected unit of local government for purposes of enabling such State or affected unit of local government-- (i) to review activities taken under this part with respect to the Yucca Mountain site for purposes of determining any potential economic, social, public health and safety, and environmental impacts of a repository on such State, or affected unit of local government and its residents; (ii) to develop a request for impact assistance under paragraph (2); (iii) to engage in any monitoring, testing, or evaluation activities with respect to site characterization programs with regard to such site; (iv) to provide information to Nevada residents regarding any activities of such State, the Secretary, or the Commission with respect to such site; and (v) to request information from, and make comments and recommendations to, the Secretary regarding any activities taken under this part with respect to such site. (C) Any salary or travel expense that would ordinarily be incurred by the State of Nevada or any affected unit of local government may not be considered eligible for funding under this paragraph. STATUTORY ADD 49
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 99 of 245 (2)(A)(i) The Secretary shall provide financial and technical assistance to the State of Nevada, and any affected unit of local government requesting such assistance. (ii) Such assistance shall be designed to mitigate the impact on such State or affected unit of local government of the development of such repository and the characterization of such site. (iii) Such assistance to such State or affected unit of local government of such State shall commence upon the initiation of site characterization activities. (B) The State of Nevada and any affected unit of local government may request assistance under this subsection by preparing and submitting to the Secretary a report on the economic, social, public health and safety, and environmental impacts that are likely to result from site characterization activities at the Yucca Mountain site. Such report shall be submitted to the Secretary after the Secretary has submitted to the State a general plan for site characterization activities under section 10133(b) of this title. (C) As soon as practicable after the Secretary has submitted such site characterization plan, the Secretary shall seek to enter into a binding agreement with the State of Nevada setting forth-- (i) the amount of assistance to be provided under this subsection to such State or affected unit of local government; and (ii) the procedures to be followed in providing such assistance. (3)(A) In addition to financial assistance provided under paragraphs (1) and (2), the Secretary shall grant to the State of Nevada and any affected unit of local government an amount each fiscal year equal to the amount such State or affected unit of local government, respectively, would receive if authorized to tax site characterization activities at such site, and the development and operation of such repository, as such State or affected unit of local government taxes the non-Federal real property and industrial activities occurring within such State or affected unit of local government. (B) Such grants shall continue until such time as all such activities, development, and operation are terminated at such site. STATUTORY ADD 50
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 100 of 245 (4)(A) The State of Nevada or any affected unit of local government may not receive any grant under paragraph (1) after the expiration of the 1-year period following-- (i) the date on which the Secretary notifies the Governor and legislature of the State of Nevada of the termination of site characterization activities at the site in such State; (ii) the date on which the Yucca Mountain site is disapproved under section 10135 of this title; or (iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site; whichever occurs first. (B) The State of Nevada or any affected unit of local government may not receive any further assistance under paragraph (2) with respect to a site if repository construction activities or site characterization activities at such site are terminated by the Secretary or if such activities are permanently enjoined by any court. (C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a repository in a State, no Federal funds, shall be made available to such State or affected unit of local government under paragraph (1) or (2), except for-- (i) such funds as may be necessary to support activities related to any other repository located in, or proposed to be located in, such State, and for which a license to receive and possess has not been in effect for more than 1 year; (ii) such funds as may be necessary to support State activities pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such State with the Secretary during such 2-year period; and (iii) such funds as may be provided under an agreement entered into under subchapter IV. (5) Financial assistance authorized in this subsection shall be made out of amounts held in the Waste Fund. STATUTORY ADD 51
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 101 of 245 (6) No State, other than the State of Nevada, may receive financial assistance under this subsection after December 22, 1987. (d) Additional notification and consultation Whenever the Secretary is required under any provision of this chapter to notify or consult with the governing body of an affected Indian tribe where a site is located, the Secretary shall also notify or consult with, as the case may be, the Governor of the State in which such reservation is located. STATUTORY ADD 52
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 102 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10137
§ 10137. Consultation with States and affected Indian tribes (a) Provision of information (1) The Secretary, the Commission, and other agencies involved in the construction, operation, or regulation of any aspect of a repository in a State shall provide to the Governor and legislature of such State, and to the governing body of any affected Indian tribe, timely and complete information regarding determinations or plans made with respect to the site characterization siting, development, design, licensing, construction, operation, regulation, or decommissioning of such repository.
(2) Upon written request for such information by the Governor or legislature of such State, or by the governing body of any affected Indian tribe, as the case may be, the Secretary shall provide a written response to such request within 30 days of the receipt of such request. Such response shall provide the information requested or, in the alternative, the reasons why the information cannot be so provided. If the Secretary fails to so respond within such 30 days, the Governor or legislature of such State, or the governing body of any affected Indian tribe, as the case may be, may transmit a formal written objection to such failure to respond to the President. If the President or Secretary fails to respond to such written request within 30 days of the receipt by the President of such formal written objection, the Secretary shall immediately suspend all activities in such State authorized by this part, and shall not renew such activities until the Governor or legislature of such State, or the governing body of any affected Indian tribe, as the case may be, has received the written response to such written request required by this subsection. (b) Consultation and cooperation In performing any study of an area within a State for the purpose of determining the suitability of such area for a repository pursuant to section 10132(c) of this STATUTORY ADD 53
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 103 of 245 title, and in subsequently developing and loading any repository within such State, the Secretary shall consult and cooperate with the Governor and legislature of such State and the governing body of any affected Indian tribe in an effort to resolve the concerns of such State and any affected Indian tribe regarding the public health and safety, environmental, and economic impacts of any such repository. In carrying out his duties under this part, the Secretary shall take such concerns into account to the maximum extent feasible and as specified in written agreements entered into under subsection (c). (c) Written agreement Not later than 60 days after (1) the approval of a site for site characterization for such a repository under section 10132(c) of this title, or (2) the written request of the State or Indian tribe in any affected State notified under section 10136(a) of this title to the Secretary, whichever, first occurs, the Secretary shall seek to enter into a binding written agreement, and shall begin negotiations, with such State and, where appropriate, to enter into a separate binding agreement with the governing body of any affected Indian tribe, setting forth (but not limited to) the procedures under which the requirements of subsections (a) and (b), and the provisions of such written agreement, shall be carried out. Any such written agreement shall not affect the authority of the Commission under existing law. Each such written agreement shall, to the maximum extent feasible, be completed not later than 6 months after such notification. Such written agreement shall specify procedures-- (1) by which such State or governing body of an affected Indian tribe, as the case may be, may study, determine, comment on, and make recommendations with regard to the possible public health and safety, environmental, social, and economic impacts of any such repository; (2) by which the Secretary shall consider and respond to comments and recommendations made by such State or governing body of an affected Indian tribe, including the period in which the Secretary shall so respond; (3) by which the Secretary and such State or governing body of an affected Indian tribe may review or modify the agreement periodically; (4) by which such State or governing body of an affected Indian tribe is to submit an impact report and request for impact assistance under section 10136(c) of this title or section 10138(b) of this title, as the case may be; STATUTORY ADD 54
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 104 of 245 (5) by which the Secretary shall assist such State, and the units of general local government in the vicinity of the repository site, in resolving the offsite concerns of such State and units of general local government, including, but not limited to, questions of State liability arising from accidents, necessary road upgrading and access to the site, ongoing emergency preparedness and emergency response, monitoring of transportation of high-level radioactive waste and spent nuclear fuel through such State, conduct of baseline health studies of inhabitants in neighboring communities near the repository site and reasonable periodic monitoring thereafter, and monitoring of the repository site upon any decommissioning and decontamination; (6) by which the Secretary shall consult and cooperate with such State on a regular, ongoing basis and provide for an orderly process and timely schedule for State review and evaluation, including identification in the agreement of key events, milestones, and decision points in the activities of the Secretary at the potential repository site; (7) by which the Secretary shall notify such State prior to the transportation of any high-level radioactive waste and spent nuclear fuel into such State for disposal at the repository site; (8) by which such State may conduct reasonable independent monitoring and testing of activities on the repository site, except that such monitoring and testing shall not unreasonably interfere with or delay onsite activities; (9) for sharing, in accordance with applicable law, of all technical and licensing information, the utilization of available expertise, the facilitating of permit procedures, joint project review, and the formulation of joint surveillance and monitoring arrangements to carry out applicable Federal and State laws; (10) for public notification of the procedures specified under the preceding paragraphs; and (11) for resolving objections of a State and affected Indian tribes at any stage of the planning, siting, development, construction, operation, or closure of such a facility within such State through negotiation, arbitration, or other appropriate mechanisms. (d) On-site representative STATUTORY ADD 55
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 105 of 245 The Secretary shall offer to any State, Indian tribe or unit of local government within whose jurisdiction a site for a repository or monitored retrievable storage facility is located under this subchapter an opportunity to designate a representative to conduct on-site oversight activities at such site. Reasonable expenses of such representatives shall be paid out of the Waste Fund. STATUTORY ADD 56
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 106 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10138
§ 10138. Participation of Indian tribes (a) Participation of Indian tribes in repository siting decisions Upon the submission by the President to the Congress of a recommendation of a site for a repository located on the reservation of an affected Indian tribe, the governing body of such Indian tribe may disapprove the site designation and submit to the Congress a notice of disapproval. The governing body of such Indian tribe may submit such a notice of disapproval to the Congress not later than the 60 days after the date that the President recommends such site to the Congress under section 10134 of this title. A notice of disapproval shall be considered to be submitted to the Congress on the date of the transmittal of such notice of disapproval to the Speaker of the House and the President pro tempore of the Senate. Such notice of disapproval shall be accompanied by a statement of reasons explaining why the governing body of such Indian tribe disapproved the recommended repository site involved.
(b) Financial assistance (1) The Secretary shall make grants to each affected tribe notified under section 10136(a) of this title for the purpose of participating in activities required by section 10137 of this title or authorized by written agreement entered into pursuant to section 10137(c) of this title. Any salary or travel expense that would ordinarily be incurred by such tribe, may not be considered eligible for funding under this paragraph. (2)(A) The Secretary shall make grants to each affected Indian tribe where a candidate site for a repository is approved under section 10132(c) of this title. Such grants may be made to each such Indian tribe only for purposes of enabling such Indian tribe-- STATUTORY ADD 57
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 107 of 245 (i) to review activities taken under this part with respect to such site for purposes of determining any potential economic, social, public health and safety, and environmental impacts of such repository on the reservation and its residents; (ii) to develop a request for impact assistance under paragraph (2); (iii) to engage in any monitoring, testing, or evaluation activities with respect to site characterization programs with regard to such site; (iv) to provide information to the residents of its reservation regarding any activities of such Indian tribe, the Secretary, or the Commission with respect to such site; and (v) to request information from, and make comments and recommendations to, the Secretary regarding any activities taken under this part with respect to such site. (B) The amount of funds provided to any affected Indian tribe under this paragraph in any fiscal year may not exceed 100 percent of the costs incurred by such Indian tribe with respect to the activities described in clauses (i) through (v) of subparagraph (A). Any salary or travel expense that would ordinarily be incurred by such Indian tribe may not be considered eligible for funding under this paragraph. (3)(A) The Secretary shall provide financial and technical assistance to any affected Indian tribe requesting such assistance and where there is a site with respect to which the Commission has authorized construction of a repository. Such assistance shall be designed to mitigate the impact on such Indian tribe of the development of such repository. Such assistance to such Indian tribe shall commence within 6 months following the granting by the Commission of a construction authorization for such repository and following the initiation of construction activities at such site. (B) Any affected Indian tribe desiring assistance under this paragraph shall prepare and submit to the Secretary a report on any economic, social, public health and safety, and environmental impacts that are likely as a result of the development of a repository at a site on the reservation of such Indian tribe. Such report shall be submitted to the Secretary following the completion of site characterization activities at such site and before the recommendation of such site to the President STATUTORY ADD 58
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 108 of 245 by the Secretary for application for a construction authorization for a repository. As soon as practicable following the granting of a construction authorization for such repository, the Secretary shall seek to enter into a binding agreement with the Indian tribe involved setting forth the amount of assistance to be provided to such Indian tribe under this paragraph and the procedures to be followed in providing such assistance. (4) The Secretary shall grant to each affected Indian tribe where a site for a repository is approved under section 10132(c) of this title an amount each fiscal year equal to the amount such Indian tribe would receive were it authorized to tax site characterization activities at such site, and the development and operation of such repository, as such Indian tribe taxes the other commercial activities occurring on such reservation. Such grants shall continue until such time as all such activities, development, and operation are terminated at such site. (5) An affected Indian tribe may not receive any grant under paragraph (1) after the expiration of the 1-year period following-- (i) the date on which the Secretary notifies such Indian tribe of the termination of site characterization activities at the candidate site involved on the reservation of such Indian tribe; (ii) the date on which such site is disapproved under section 10135 of this title; (iii) the date on which the Commission disapproves an application for a construction authorization for a repository at such site; (iv) December 22, 1987; whichever occurs first, unless there is another candidate site on the reservation of such Indian tribe that is approved under section 10132(c) of this title and with respect to which the actions described in clauses (i), (ii), and (iii) have not been taken. (B) An affected Indian tribe may not receive any further assistance under paragraph (2) with respect to a site if repository construction activities at such site are terminated by the Secretary or if such activities are permanently enjoined by any court. STATUTORY ADD 59
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 109 of 245 (C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a repository at a site on the reservation of an affected Indian tribe, no Federal funds shall be made available under paragraph (1) or (2) to such Indian tribe, except for-- (i) such funds as may be necessary to support activities of such Indian tribe related to any other repository where a license to receive and possess has not been in effect for more than 1 year; and (ii) such funds as may be necessary to support activities of such Indian tribe pursuant to agreements or contracts for impact assistance entered into, under paragraph (2), by such Indian tribe with the Secretary during such 2-year period. (6) Financial assistance authorized in this subsection shall be made out of amounts held in the Nuclear Waste Fund established in section 10222 of this title. STATUTORY ADD 60
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 110 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10139
§ 10139. Judicial review of agency actions (a) Jurisdiction of United States courts of appeals (1) Except for review in the Supreme Court of the United States, the United States courts of appeals shall have original and exclusive jurisdiction over any civil action--
(A) for review of any final decision or action of the Secretary, the President, or the Commission under this part; (B) alleging the failure of the Secretary, the President, or the Commission to make any decision, or take any action, required under this part; (C) challenging the constitutionality of any decision made, or action taken, under any provision of this part; (D) for review of any environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this part, or as required under section 10155(c)(1) of this title, or alleging a failure to prepare such statement with respect to any such action; (E) for review of any environmental assessment prepared under section 10132(b)(1) or 10155(c)(2) of this title; or (F) for review of any research and development activity under subchapter II. (2) The venue of any proceeding under this section shall be in the judicial circuit in which the petitioner involved resides or has its principal office, or in the United States Court of Appeals for the District of Columbia. STATUTORY ADD 61
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 111 of 245 (c) Deadline for commencing action A civil action for judicial review described under subsection (a)(1) may be brought not later than the 180th day after the date of the decision or action or failure to act involved, as the case may be, except that if a party shows that he did not know of the decision or action complained of (or of the failure to act), and that a reasonable person acting under the circumstances would not have known, such party may bring a civil action not later than the 180th day after the date such party acquired actual or constructive knowledge of such decision, action, or failure to act. STATUTORY ADD 62
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 112 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10140
§ 10140. Expedited authorizations (a) Issuance of authorizations (1) To the extent that the taking of any action related to the site characterization of a site or the construction or initial operation of a repository under this part requires a certificate, right-of-way, permit, lease, or other authorization from a Federal agency or officer, such agency or officer shall issue or grant any such authorization at the earliest practicable date, to the extent permitted by the applicable provisions of law administered by such agency or officer. All actions of a Federal agency or officer with respect to consideration of applications or requests for the issuance or grant of any such authorization shall be expedited, and any such application or request shall take precedence over any similar applications or requests not related to such repositories.
(2) The provisions of paragraph (1) shall not apply to any certificate, right-of-way, permit, lease, or other authorization issued or granted by, or requested from, the Commission. (b) Terms of authorizations Any authorization issued or granted pursuant to subsection (a) shall include such terms and conditions as may be required by law, and may include terms and conditions permitted by law. STATUTORY ADD 63
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 113 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10141
§ 10141. Certain standards and criteria (a) Environmental Protection Agency standards Not later than 1 year after January 7, 1983, the Administrator, pursuant to authority under other provisions of law, shall, by rule, promulgate generally applicable standards for protection of the general environment from offsite releases from radioactive material in repositories.
(b) Commission requirements and criteria (1)(A) Not later than January 1, 1984, the Commission, pursuant to authority under other provisions of law, shall, by rule, promulgate technical requirements and criteria that it will apply, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), in approving or disapproving-- (i) applications for authorization to construct repositories; (ii) applications for licenses to receive and possess spent nuclear fuel and high-level radioactive waste in such repositories; and (iii) applications for authorization for closure and decommissioning of such repositories. (B) Such criteria shall provide for the use of a system of multiple barriers in the design of the repository and shall include such restrictions on the retrievability of the solidified high-level radioactive waste and spent fuel emplaced in the repository as the Commission deems appropriate. (C) Such requirements and criteria shall not be inconsistent with any comparable standards promulgated by the Administrator under subsection (a). STATUTORY ADD 64
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 114 of 245 (2) For purposes of this chapter, nothing in this section shall be construed to prohibit the Commission from promulgating requirements and criteria under paragraph (1) before the Administrator promulgates standards under subsection (a). If the Administrator promulgates standards under subsection (a) after requirements and criteria are promulgated by the Commission under paragraph (1), such requirements and criteria shall be revised by the Commission if necessary to comply with paragraph (1)(C). (c) Environmental impact statement The promulgation of standards or criteria in accordance with the provisions of this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or to require any environmental review under subparagraph (E) or (F) of section 102(2) of such Act. STATUTORY ADD 65
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 115 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10142
§ 10142. Disposal of spent nuclear fuel Notwithstanding any other provision of this part, any repository constructed on a site approved under this part shall be designed and constructed to permit the retrieval of any spent nuclear fuel placed in such repository, during an appropriate period of operation of the facility, for any reason pertaining to the public health and safety, or the environment, or for the purpose of permitting the recovery of the economically valuable contents of such spent fuel. The Secretary shall specify the appropriate period of retrievability with respect to any repository at the time of design of such repository, and such aspect of such repository shall be subject to approval or disapproval by the Commission as part of the construction authorization process under subsections (b) through (d) of section 10134 of this title.
STATUTORY ADD 66
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 116 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10143
§ 10143. Title to material Delivery, and acceptance by the Secretary, of any high-level radioactive waste or spent nuclear fuel for a repository constructed under this part shall constitute a transfer to the Secretary of title to such waste or spent fuel.
STATUTORY ADD 67
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 117 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10144
§ 10144. Consideration of effect of acquisition of water rights The Secretary shall give full consideration to whether the development, construction, and operation of a repository may require any purchase or other acquisition of water rights that will have a significant adverse effect on the present or future development of the area in which such repository is located. The Secretary shall mitigate any such adverse effects to the maximum extent practicable.
STATUTORY ADD 68
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 118 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part A. Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel 42 U.S.C.A. § 10145
§ 10145. Termination of certain provisions Sections 10139 and 10140 of this title shall cease to have effect at such time as a repository developed under this part is licensed to receive and possess high-level radioactive waste and spent nuclear fuel.
STATUTORY ADD 69
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 119 of 245 Subtitle B, 42 U.S.C. §§ 10151-57 STATUTORY ADD 70
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 120 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part B. Interim Storage Program 42 U.S.C.A. § 10151
§ 10151. Findings and purposes (a) The Congress finds that--
(1) the persons owning and operating civilian nuclear power reactors have the primary responsibility for providing interim storage of spent nuclear fuel from such reactors, by maximizing, to the extent practical, the effective use of existing storage facilities at the site of each civilian nuclear power reactor, and by adding new onsite storage capacity in a timely manner where practical; (2) the Federal Government has the responsibility to encourage and expedite the effective use of existing storage facilities and the addition of needed new storage capacity at the site of each civilian nuclear power reactor; and (3) the Federal Government has the responsibility to provide, in accordance with the provisions of this part, not more than 1,900 metric tons of capacity for interim storage of spent nuclear fuel for civilian nuclear power reactors that cannot reasonably provide adequate storage capacity at the sites of such reactors when needed to assure the continued, orderly operation of such reactors. (b) The purposes of this part are-- (1) to provide for the utilization of available spent nuclear fuel pools at the site of each civilian nuclear power reactor to the extent practical and the addition of new spent nuclear fuel storage capacity where practical at the site of such reactor; and (2) to provide, in accordance with the provisions of this part, for the establishment of a federally owned and operated system for the interim storage of spent nuclear fuel at one or more facilities owned by the Federal Government with not more than 1,900 metric tons of capacity to prevent disruptions in the orderly operation of any civilian nuclear power reactor that cannot reasonably STATUTORY ADD 71
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 121 of 245 provide adequate spent nuclear fuel storage capacity at the site of such reactor when needed. STATUTORY ADD 72
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 122 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part B. Interim Storage Program 42 U.S.C.A. § 10152
§ 10152. Available capacity for interim storage of spent nuclear fuel The Secretary, the Commission, and other authorized Federal officials shall each take such actions as such official considers necessary to encourage and expedite the effective use of available storage, and necessary additional storage, at the site of each civilian nuclear power reactor consistent with--
(1) the protection of the public health and safety, and the environment; (2) economic considerations; (3) continued operation of such reactor; (4) any applicable provisions of law; and (5) the views of the population surrounding such reactor. STATUTORY ADD 73
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 123 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part B. Interim Storage Program 42 U.S.C.A. § 10153
§ 10153. Interim at-reactor storage The Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 10198(a) of this title for use at the site of any civilian nuclear power reactor. The establishment of such procedures shall not preclude the licensing, under any applicable procedures or rules of the Commission in effect prior to such establishment, of any technology for the storage of civilian spent nuclear fuel at the site of any civilian nuclear power reactor.
STATUTORY ADD 74
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 124 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part B. Interim Storage Program 42 U.S.C.A. § 10154
§ 10154. Licensing of facility expansions and transshipments (a) Oral argument In any Commission hearing under section 189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for a license, or for an amendment to an existing license, filed after January 7, 1983, to expand the spent nuclear fuel storage capacity at the site of a civilian nuclear power reactor, through the use of high-density fuel storage racks, fuel rod compaction, the transshipment of spent nuclear fuel to another civilian nuclear power reactor within the same utility system, the construction of additional spent nuclear fuel pool capacity or dry storage capacity, or by other means, the Commission shall, at the request of any party, provide an opportunity for oral argument with respect to any matter which the Commission determines to be in controversy among the parties. The oral argument shall be preceded by such discovery procedures as the rules of the Commission shall provide. The Commission shall require each party, including the Commission staff, to submit in written form, at the time of the oral argument, a summary of the facts, data, and arguments upon which such party proposes to rely that are known at such time to such party. Only facts and data in the form of sworn testimony or written submission may be relied upon by the parties during oral argument. Of the materials that may be submitted by the parties during oral argument, the Commission shall only consider those facts and data that are submitted in the form of sworn testimony or written submission.
(b) Adjudicatory hearing (1) At the conclusion of any oral argument under subsection (a), the Commission shall designate any disputed question of fact, together with any remaining questions of law, for resolution in an adjudicatory hearing only if it determines that-- STATUTORY ADD 75
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 125 of 245 (A) there is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in an adjudicatory hearing; and (B) the decision of the Commission is likely to depend in whole or in part on the resolution of such dispute. (2) In making a determination under this subsection, the Commission-- (A) shall designate in writing the specific facts that are in genuine and substantial dispute, the reason why the decision of the agency is likely to depend on the resolution of such facts, and the reason why an adjudicatory hearing is likely to resolve the dispute; and (B) shall not consider-- (i) any issue relating to the design, construction, or operation of any civilian nuclear power reactor already licensed to operate at such site, or any civilian nuclear power reactor for which a construction permit has been granted at such site, unless the Commission determines that any such issue substantially affects the design, construction, or operation of the facility or activity for which such license application, authorization, or amendment is being considered; or (ii) any siting or design issue fully considered and decided by the Commission in connection with the issuance of a construction permit or operating license for a civilian nuclear power reactor at such site, unless (I) such issue results from any revision of siting or design criteria by the Commission following such decision; and (II) the Commission determines that such issue substantially affects the design, construction, or operation of the facility or activity for which such license application, authorization, or amendment is being considered. (3) The provisions of paragraph (2)(B) shall apply only with respect to licenses, authorizations, or amendments to licenses or authorizations, applied for under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before December 31, 2005. (4) The provisions of this section shall not apply to the first application for a license or license amendment received by the Commission to expand onsite spent STATUTORY ADD 76
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 126 of 245 fuel storage capacity by the use of a new technology not previously approved for use at any nuclear powerplant by the Commission. (c) Judicial review No court shall hold unlawful or set aside a decision of the Commission in any proceeding described in subsection (a) because of a failure by the Commission to use a particular procedure pursuant to this section unless-- (1) an objection to the procedure used was presented to the Commission in a timely fashion or there are extraordinary circumstances that excuse the failure to present a timely objection; and (2) the court finds that such failure has precluded a fair consideration and informed resolution of a significant issue of the proceeding taken as a whole. STATUTORY ADD 77
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 127 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part B. Interim Storage Program 42 U.S.C.A. § 10155
§ 10155. Storage of spent nuclear fuel (a) Storage capacity (1) Subject to section 10107 of this title, the Secretary shall provide, in accordance with paragraph (5), not more than 1,900 metric tons of capacity for the storage of spent nuclear fuel from civilian nuclear power reactors. Such storage capacity shall be provided through any one or more of the following methods, used in any combination determined by the Secretary to be appropriate:
(A) use of available capacity at one or more facilities owned by the Federal Government on January 7, 1983, including the modification and expansion of any such facilities, if the Commission determines that such use will adequately protect the public health and safety, except that such use shall not-- (i) render such facilities subject to licensing under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) or the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.); or (ii) except as provided in subsection (c) require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), such facility is already being used, or has previously been used, for such storage or for any similar purpose. (B) acquisition of any modular or mobile spent nuclear fuel storage equipment, including spent nuclear fuel storage casks, and provision of such equipment, to any person generating or holding title to spent nuclear fuel, at the site of any civilian nuclear power reactor operated by such person or at any site owned by the Federal Government on January 7, 1983; STATUTORY ADD 78
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 128 of 245 (C) construction of storage capacity at any site of a civilian nuclear power reactor. (2) Storage capacity authorized by paragraph (1) shall not be provided at any Federal or non-Federal site within which there is a candidate site for a repository. The restriction in the preceding sentence shall only apply until such time as the Secretary decides that such candidate site is no longer a candidate site under consideration for development as a repository. (3) In selecting methods of providing storage capacity under paragraph (1), the Secretary shall consider the timeliness of the availability of each such method and shall seek to minimize the transportation of spent nuclear fuel, the public health and safety impacts, and the costs of providing such storage capacity. (4) In providing storage capacity through any method described in paragraph (1), the Secretary shall comply with any applicable requirements for licensing or authorization of such method, except as provided in paragraph (1)(A)(i). (5) The Secretary shall ensure that storage capacity is made available under paragraph (1) when needed, as determined on the basis of the storage needs specified in contracts entered into under section 10156(a) of this title, and shall accept upon request any spent nuclear fuel as covered under such contracts. (6) For purposes of paragraph (1)(A), the term facility means any building or structure. (b) Contracts (1) Subject to the capacity limitation established in subsections (a)(1) and (d), the Secretary shall offer to enter into, and may enter into, contracts under section 10156(a) of this title with any person generating or owning spent nuclear fuel for purposes of providing storage capacity for such spent fuel under this section only if the Commission determines that-- (A) adequate storage capacity to ensure the continued orderly operation of the civilian nuclear power reactor at which such spent nuclear fuel is generated cannot reasonably be provided by the person owning and operating such reactor at such site, or at the site of any other civilian nuclear power reactor operated by such person, and such capacity cannot be made available in a timely manner through any method described in subparagraph (B); and STATUTORY ADD 79
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 129 of 245 (B) such person is diligently pursuing licensed alternatives to the use of Federal storage capacity for the storage of spent nuclear fuel expected to be generated by such person in the future, including-- (i) expansion of storage facilities at the site of any civilian nuclear power reactor operated by such person; (ii) construction of new or additional storage facilities at the site of any civilian nuclear power reactor operated by such person; (iii) acquisition of modular or mobile spent nuclear fuel storage equipment, including spent nuclear fuel storage casks, for use at the site of any civilian nuclear power reactor operated by such person; and (iv) transshipment to another civilian nuclear power reactor owned by such person. (2) In making the determination described in paragraph (1)(A), the Commission shall ensure maintenance of a full core reserve storage capability at the site of the civilian nuclear power reactor involved unless the Commission determines that maintenance of such capability is not necessary for the continued orderly operation of such reactor. (3) The Commission shall complete the determinations required in paragraph (1) with respect to any request for storage capacity not later than 6 months after receipt of such request by the Commission. (c) Environmental review (1) The provision of 300 or more metric tons of storage capacity at any one Federal site under subsection (a)(1)(A) shall be considered to be a major Federal action requiring preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (2)(A) The Secretary shall prepare, and make available to the public, an environmental assessment of the probable impacts of any provision of less than 300 metric tons of storage capacity at any one Federal site under subsection (a)(1)(A) that requires the modification or expansion of any facility at the site, and STATUTORY ADD 80
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 130 of 245 a discussion of alternative activities that may be undertaken to avoid such impacts. Such environmental assessment shall include-- (i) an estimate of the amount of storage capacity to be made available at such site; (ii) an evaluation as to whether the facilities to be used at such site are suitable for the provision of such storage capacity; (iii) a description of activities planned by the Secretary with respect to the modification or expansion of the facilities to be used at such site; (iv) an evaluation of the effects of the provision of such storage capacity at such site on the public health and safety, and the environment; (v) a reasonable comparative evaluation of current information with respect to such site and facilities and other sites and facilities available for the provision of such storage capacity; (vi) a description of any other sites and facilities that have been considered by the Secretary for the provision of such storage capacity; and (vii) an assessment of the regional and local impacts of providing such storage capacity at such site, including the impacts on transportation. (B) The issuance of any environmental assessment under this paragraph shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of Title 5. Such judicial review shall be limited to the sufficiency of such assessment with respect to the items described in clauses (i) through (vii) of subparagraph (A). (3) Judicial review of any environmental impact statement or environmental assessment prepared pursuant to this subsection shall be conducted in accordance with the provisions of section 10139 of this title. (d) Review of sites and State participation (1) In carrying out the provisions of this part with regard to any interim storage of spent fuel from civilian nuclear power reactors which the Secretary is authorized by this section to provide, the Secretary shall, as soon as practicable, notify, in STATUTORY ADD 81
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 131 of 245 writing, the Governor and the State legislature of any State and the Tribal Council of any affected Indian tribe in such State in which is located a potentially acceptable site or facility for such interim storage of spent fuel of his intention to investigate that site or facility. (2) During the course of investigation of such site or facility, the Secretary shall keep the Governor, State legislature, and affected Tribal Council currently informed of the progress of the work, and results of the investigation. At the time of selection by the Secretary of any site or existing facility, but prior to undertaking any site-specific work or alterations, the Secretary shall promptly notify the Governor, the legislature, and any affected Tribal Council in writing of such selection, and subject to the provisions of paragraph (6) of this subsection, shall promptly enter into negotiations with such State and affected Tribal Council to establish a cooperative agreement under which such State and Council shall have the right to participate in a process of consultation and cooperation, based on public health and safety and environmental concerns, in all stages of the planning, development, modification, expansion, operation, and closure of storage capacity at a site or facility within such State for the interim storage of spent fuel from civilian nuclear power reactors. Public participation in the negotiation of such an agreement shall be provided for and encouraged by the Secretary, the State, and the affected Tribal Council. The Secretary, in cooperation with the States and Indian tribes, shall develop and publish minimum guidelines for public participation in such negotiations, but the adequacy of such guidelines or any failure to comply with such guidelines shall not be a basis for judicial review. (3) The cooperative agreement shall include, but need not be limited to, the sharing in accordance with applicable law of all technical and licensing information, the utilization of available expertise, the facilitating of permitting procedures, joint project review, and the formulation of joint surveillance and monitoring arrangements to carry out applicable Federal and State laws. The cooperative agreement also shall include a detailed plan or schedule of milestones, decision points and opportunities for State or eligible Tribal Council review and objection. Such cooperative agreement shall provide procedures for negotiating and resolving objections of the State and affected Tribal Council in any stage of planning, development, modification, expansion, operation, or closure of storage capacity at a site or facility within such State. The terms of any cooperative agreement shall not affect the authority of the Nuclear Regulatory Commission under existing law. (4) For the purpose of this subsection, process of consultation and cooperation means a methodology by which the Secretary (A) keeps the State and eligible STATUTORY ADD 82
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 132 of 245 Tribal Council fully and currently informed about the aspects of the project related to any potential impact on the public health and safety and environment; (B) solicits, receives, and evaluates concerns and objections of such State and Council with regard to such aspects of the project on an ongoing basis; and (C) works diligently and cooperatively to resolve, through arbitration or other appropriate mechanisms, such concerns and objections. The process of consultation and cooperation shall not include the grant of a right to any State or Tribal Council to exercise an absolute veto of any aspect of the planning, development, modification, expansion, or operation of the project. (5) The Secretary and the State and affected Tribal Council shall seek to conclude the agreement required by paragraph (2) as soon as practicable, but not later than 180 days following the date of notification of the selection under paragraph (2). The Secretary shall periodically report to the Congress thereafter on the status of the agreements approved under paragraph (3). Any report to the Congress on the status of negotiations of such agreement by the Secretary shall be accompanied by comments solicited by the Secretary from the State and eligible Tribal Council. (6)(A) Upon deciding to provide an aggregate of 300 or more metric tons of storage capacity under subsection (a)(1) at any one site, the Secretary shall notify the Governor and legislature of the State where such site is located, or the governing body of the Indian tribe in whose reservation such site is located, as the case may be, of such decision. During the 60-day period following receipt of notification by the Secretary of his decision to provide an aggregate of 300 or more metric tons of storage capacity at any one site, the Governor or legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, may disapprove the provision of 300 or more metric tons of storage capacity at the site involved and submit to the Congress a notice of such disapproval. A notice of disapproval shall be considered to be submitted to the Congress on the date of the transmittal of such notice of disapproval to the Speaker of the House and the President pro tempore of the Senate. Such notice of disapproval shall be accompanied by a statement of reasons explaining why the provision of such storage capacity at such site was disapproved by such Governor or legislature or the governing body of such Indian tribe. (B) Unless otherwise provided by State law, the Governor or legislature of each State shall have authority to submit a notice of disapproval to the Congress under subparagraph (A). In any case in which State law provides for submission of any such notice of disapproval by any other person or entity, any reference in this part STATUTORY ADD 83
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 133 of 245 to the Governor or legislature of such State shall be considered to refer instead to such other person or entity. (C) The authority of the Governor and legislature of each State under this paragraph shall not be applicable with respect to any site located on a reservation. (D) If any notice of disapproval is submitted to the Congress under subparagraph (A), the proposed provision of 300 or more metric tons of storage capacity at the site involved shall be disapproved unless, during the first period of 90 calendar days of continuous session of the Congress following the date of the receipt by the Congress of such notice of disapproval, the Congress passes a resolution approving such proposed provision of storage capacity in accordance with the procedures established in this paragraph and subsections (d) through (f) of section 10135 of this title and such resolution thereafter becomes law. For purposes of this paragraph, the term resolution means a joint resolution of either House of the Congress, the matter after the resolving clause of which is as follows: That there hereby is approved the provision of 300 or more metric tons of spent nuclear fuel storage capacity at the site located at _____, with respect to which a notice of disapproval was submitted by _____ on _____.. The first blank space in such resolution shall be filled with the geographic location of the site involved; the second blank space in such resolution shall be filled with the designation of the State Governor and legislature or affected Indian tribe governing body submitting the notice of disapproval involved; and the last blank space in such resolution shall be filled with the date of submission of such notice of disapproval. (E) For purposes of the consideration of any resolution described in subparagraph (D), each reference in subsections (d) and (e) of section 10135 of this title to a resolution of repository siting approval shall be considered to refer to the resolution described in such subparagraph. (7) As used in this section, the term affected Tribal Council means the governing body of any Indian tribe within whose reservation boundaries there is located a potentially acceptable site for interim storage capacity of spent nuclear fuel from civilian nuclear power reactors, or within whose boundaries a site for such capacity is selected by the Secretary, or whose federally defined possessory or usage rights to other lands outside of the reservation's boundaries arising out of congressionally ratified treaties, as determined by the Secretary of the Interior pursuant to a petition filed with him by the appropriate governmental officials of such tribe, may be substantially and adversely affected by the establishment of any such storage capacity. STATUTORY ADD 84
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 134 of 245 (e) Limitations Any spent nuclear fuel stored under this section shall be removed from the storage site or facility involved as soon as practicable, but in any event not later than 3 years following the date on which a repository or monitored retrievable storage facility developed under this chapter is available for disposal of such spent nuclear fuel. (f) Report The Secretary shall annually prepare and submit to the Congress a report on any plans of the Secretary for providing storage capacity under this section. Such report shall include a description of the specific manner of providing such storage selected by the Secretary, if any. The Secretary shall prepare and submit the first such report not later than 1 year after January 7, 1983. (g) Criteria for determining adequacy of available storage capacity Not later than 90 days after January 7, 1983, the Commission pursuant to section 553 of the Administrative Procedures Act, shall propose, by rule, procedures and criteria for making the determination required by subsection (b) that a person owning and operating a civilian nuclear power reactor cannot reasonably provide adequate spent nuclear fuel storage capacity at the civilian nuclear power reactor site when needed to ensure the continued orderly operation of such reactor. Such criteria shall ensure the maintenance of a full core reserve storage capability at the site of such reactor unless the Commission determines that maintenance of such capability is not necessary for the continued orderly operation of such reactor. Such criteria shall identify the feasibility of reasonably providing such adequate spent nuclear fuel storage capacity, taking into account economic, technical, regulatory, and public health and safety factors, through the use of high-density fuel storage racks, fuel rod compaction, transshipment of spent nuclear fuel to another civilian nuclear power reactor within the same utility system, construction of additional spent nuclear fuel pool capacity, or such other technologies as may be approved by the Commission. (h) Application Notwithstanding any other provision of law, nothing in this chapter shall be construed to encourage, authorize, or require the private or Federal use, purchase, lease, or other acquisition of any storage facility located away from the site of any STATUTORY ADD 85
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 135 of 245 civilian nuclear power reactor and not owned by the Federal Government on January 7, 1983. (i) Coordination with research and development program To the extent available, and consistent with the provisions of this section, the Secretary shall provide spent nuclear fuel for the research and development program authorized in section 10198 of this title from spent nuclear fuel received by the Secretary for storage under this section. Such spent nuclear fuel shall not be subject to the provisions of subsection (e). STATUTORY ADD 86
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 136 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part B. Interim Storage Program 42 U.S.C.A. § 10156
§ 10156. Interim Storage Fund (a) Contracts (1) During the period following January 7, 1983, but not later than January 1, 1990, the Secretary is authorized to enter into contracts with persons who generate or own spent nuclear fuel resulting from civilian nuclear activities for the storage of such spent nuclear fuel in any storage capacity provided under this part: Provided, however, That the Secretary shall not enter into contracts for spent nuclear fuel in amounts in excess of the available storage capacity specified in section 10155(a) of this title. Those contracts shall provide that the Federal Government will (1) take title at the civilian nuclear power reactor site, to such amounts of spent nuclear fuel from the civilian nuclear power reactor as the Commission determines cannot be stored onsite, (2) transport the spent nuclear fuel to a federally owned and operated interim away-from-reactor storage facility, and (3) store such fuel in the facility pending further processing, storage, or disposal. Each such contract shall (A) provide for payment to the Secretary of fees determined in accordance with the provisions of this section; and (B) specify the amount of storage capacity to be provided for the person involved.
(2) The Secretary shall undertake a study and, not later than 180 days after January 7, 1983, submit to the Congress a report, establishing payment charges that shall be calculated on an annual basis, commencing on or before January 1, 1984. Such payment charges and the calculation thereof shall be published in the Federal Register, and shall become effective not less than 30 days after publication. Each payment charge published in the Federal Register under this paragraph shall remain effective for a period of 12 months from the effective date as the charge for the cost of the interim storage of any spent nuclear fuel. The report of the Secretary shall specify the method and manner of collection (including the rates and manner of payment) and any legislative recommendations determined by the Secretary to be appropriate. STATUTORY ADD 87
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 137 of 245 (3) Fees for storage under this part shall be established on a nondiscriminatory basis. The fees to be paid by each person entering into a contract with the Secretary under this subsection shall be based upon an estimate of the pro rata costs of storage and related activities under this part with respect to such person, including the acquisition, construction, operation, and maintenance of any facilities under this part. (4) The Secretary shall establish in writing criteria setting forth the terms and conditions under which such storage services shall be made available. (5) Except as provided in section 10157 of this title, nothing in this chapter or any other Act requires the Secretary, in carrying out the responsibilities of this section, to obtain a license or permit to possess or own spent nuclear fuel. (b) Limitation No spent nuclear fuel generated or owned by any department of the United States referred to in section 101 or 102 of Title 5 may be stored by the Secretary in any storage capacity provided under this part unless such department transfers to the Secretary, for deposit in the Interim Storage Fund, amounts equivalent to the fees that would be paid to the Secretary under the contracts referred to in this section if such spent nuclear fuel were generated by any other person. (c) Establishment of Interim Storage Fund There hereby is established in the Treasury of the United States a separate fund, to be known as the Interim Storage Fund. The Storage Fund shall consist of-- (1) all receipts, proceeds, and recoveries realized by the Secretary under subsections (a), (b), and (e), which shall be deposited in the Storage Fund immediately upon their realization; (2) any appropriations made by the Congress to the Storage Fund; and (3) any unexpended balances available on January 7, 1983, for functions or activities necessary or incident to the interim storage of civilian spent nuclear fuel, which shall automatically be transferred to the Storage Fund on such date. (d) Use of Storage Fund STATUTORY ADD 88
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 138 of 245 The Secretary may make expenditures from the Storage Fund, subject to subsection (e), for any purpose necessary or appropriate to the conduct of the functions and activities of the Secretary, or the provision or anticipated provision of services, under this part, including-- (1) the identification, development, licensing, construction, operation, decommissioning, and post-decommissioning maintenance and monitoring of any interim storage facility provided under this part; (2) the administrative cost of the interim storage program; (3) the costs associated with acquisition, design, modification, replacement, operation, and construction of facilities at an interim storage site, consistent with the restrictions in section 10155 of this title; (4) the cost of transportation of spent nuclear fuel; and (5) impact assistance as described in subsection (e). (e) Impact assistance (1) Beginning the first fiscal year which commences after January 7, 1983, the Secretary shall make annual impact assistance payments to a State or appropriate unit of local government, or both, in order to mitigate social or economic impacts occasioned by the establishment and subsequent operation of any interim storage capacity within the jurisdicational boundaries of such government or governments and authorized under this part: Provided, however, That such impact assistance payments shall not exceed (A) ten per centum of the costs incurred in paragraphs (1) and (2), or (B) $15 per kilogram of spent fuel, whichever is less; (2) Payments made available to States and units of local government pursuant to this section shall be-- (A) allocated in a fair and equitable manner with a priority to those States or units of local government suffering the most severe impacts; and (B) utilized by States or units of local governments only for (i) planning, (ii) construction and maintenance of public services, (iii) provision of public services related to the providing of such interim storage authorized under this STATUTORY ADD 89
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 139 of 245 subchapter, and (iv) compensation for loss of taxable property equivalent to that if the storage had been provided under private ownership. (3) Such payments shall be subject to such terms and conditions as the Secretary determines necessary to ensure that the purposes of this subsection shall be achieved. The Secretary shall issue such regulations as may be necessary to carry out the provisions of this subsection. (4) Payments under this subsection shall be made available solely from the fees determined under subsection (a). (5) The Secretary is authorized to consult with States and appropriate units of local government in advance of commencement of establishment of storage capacity authorized under this part in an effort to determine the level of the payment such government would be eligible to receive pursuant to this subsection. (6) As used in this subsection, the term unit of local government means a county, parish, township, municipality, and shall include a borough existing in the State of Alaska on January 7, 1983, and any other unit of government below the State level which is a unit of general government as determined by the Secretary. (f) Administration of Storage Fund (1) The Secretary of the Treasury shall hold the Storage Fund and, after consultation with the Secretary, annually report to the Congress on the financial condition and operations of the Storage Fund during the preceding fiscal year. (2) The Secretary shall submit the budget of the Storage Fund to the Office of Management and Budget triennially along with the budget of the Department of Energy submitted at such time in accordance with chapter 11 of Title 31. The budget of the Storage Fund shall consist of estimates made by the Secretary of expenditures from the Storage Fund and other relevant financial matters for the succeeding 3 fiscal years, and shall be included in the Budget of the United States Government. The Secretary may make expenditures from the Storage Fund, subject to appropriations which shall remain available until expended. Appropriations shall be subject to triennial authorization. (3) If the Secretary determines that the Storage Fund contains at any time amounts in excess of current needs, the Secretary may request the Secretary of the Treasury STATUTORY ADD 90
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 140 of 245 to invest such amounts, or any portion of such amounts as the Secretary determines to be appropriate, in obligations of the United States-- (A) having maturities determined by the Secretary of the Treasury to be appropriate to the needs of the Storage Fund; and (B) bearing interest at rates determined to be appropriate by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturities of such investments, except that the interest rate on such investments shall not exceed the average interest rate applicable to existing borrowings. (4) Receipts, proceeds, and recoveries realized by the Secretary under this section, and expenditures of amounts from the Storage Fund, shall be exempt from annual apportionment under the provisions of subchapter II of chapter 15 of Title 31. (5) If at any time the moneys available in the Storage Fund are insufficient to enable the Secretary to discharge his responsibilities under this part, the Secretary shall issue to the Secretary of the Treasury obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be agreed to by the Secretary and the Secretary of the Treasury. The total of such obligations shall not exceed amounts provided in appropriation Acts. Redemption of such obligations shall be made by the Secretary from moneys available in the Storage Fund. Such obligations shall bear interest at a rate determined by the Secretary of the Treasury, which shall be not less than a rate determined by taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligations under this paragraph. The Secretary of the Treasury shall purchase any issued obligations, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of Title 31, and the purposes for which securities may be issued under such Act are extended to include any purchase of such obligations. The Secretary of the Treasury may at any time sell any of the obligations acquired by him under this paragraph. All redemptions, purchases, and sales by the Secretary of the Treasury of obligations under this paragraph shall be treated as public debt transactions of the United States. STATUTORY ADD 91
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 141 of 245 (6) Any appropriations made available to the Storage Fund for any purpose described in subsection (d) shall be repaid into the general fund of the Treasury, together with interest from the date of availability of the appropriations until the date of repayment. Such interest shall be paid on the cumulative amount of appropriations available to the Storage Fund, less the average undisbursed cash balance in the Storage Fund account during the fiscal year involved. The rate of such interest shall be determined by the Secretary of the Treasury taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States of comparable maturity. Interest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so deferred shall themselves bear interest. STATUTORY ADD 92
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 142 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part B. Interim Storage Program 42 U.S.C.A. § 10157
§ 10157. Transportation (a)(1) Transportation of spent nuclear fuel under section 10156(a) of this title shall be subject to licensing and regulation by the Commission and by the Secretary of Transportation as provided for transportation of commercial spent nuclear fuel under existing law.
(2) The Secretary, in providing for the transportation of spent nuclear fuel under this chapter, shall utilize by contract private industry to the fullest extent possible in each aspect of such transportation. The Secretary shall use direct Federal services for such transportation only upon a determination of the Secretary of Transportation, in consultation with the Secretary, that private industry is unable or unwilling to provide such transportation services at reasonable cost. STATUTORY ADD 93
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 143 of 245 Subtitle C, 42 U.S.C. §§ 10161-69 STATUTORY ADD 94
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 144 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10161
§ 10161. Monitored retrievable storage (a) Findings The Congress finds that--
(1) long-term storage of high-level radioactive waste or spent nuclear fuel in monitored retrievable storage facilities is an option for providing safe and reliable management of such waste or spent fuel; (2) the executive branch and the Congress should proceed as expeditiously as possible to consider fully a proposal for construction of one or more monitored retrievable storage facilities to provide such long-term storage; (3) the Federal Government has the responsibility to ensure that site-specific designs for such facilities are available as provided in this section; (4) the generators and owners of the high-level radioactive waste and spent nuclear fuel to be stored in such facilities have the responsibility to pay the costs of the long-term storage of such waste and spent fuel; and (5) disposal of high-level radioactive waste and spent nuclear fuel in a repository developed under this chapter should proceed regardless of any construction of a monitored retrievable storage facility pursuant to this section. (b) Submission of proposal by Secretary (1) On or before June 1, 1985, the Secretary shall complete a detailed study of the need for and feasibility of, and shall submit to the Congress a proposal for, the construction of one or more monitored retrievable storage facilities for high-level radioactive waste and spent nuclear fuel. Each such facility shall be designed-- STATUTORY ADD 95
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 145 of 245 (A) to accommodate spent nuclear fuel and high-level radioactive waste resulting from civilian nuclear activities; (B) to permit continuous monitoring, management, and maintenance of such spent fuel and waste for the foreseeable future; (C) to provide for the ready retrieval of such spent fuel and waste for further processing or disposal; and (D) to safely store such spent fuel and waste as long as may be necessary by maintaining such facility through appropriate means, including any required replacement of such facility. (2) Such proposal shall include-- (A) the establishment of a Federal program for the siting, development, construction, and operation of facilities capable of safely storing high-level radioactive waste and spent nuclear fuel, which facilities are to be licensed by the Commission; (B) a plan for the funding of the construction and operation of such facilities, which plan shall provide that the costs of such activities shall be borne by the generators and owners of the high-level radioactive waste and spent nuclear fuel to be stored in such facilities; (C) site-specific designs, specifications, and cost estimates sufficient to (i) solicit bids for the construction of the first such facility; (ii) support congressional authorization of the construction of such facility; and (iii) enable completion and operation of such facility as soon as practicable following congressional authorization of such facility; and (D) a plan for integrating facilities constructed pursuant to this section with other storage and disposal facilities authorized in this chapter. (3) In formulating such proposal, the Secretary shall consult with the Commission and the Administrator, and shall submit their comments on such proposal to the Congress at the time such proposal is submitted. (4) The proposal shall include, for the first such facility, at least 3 alternative sites and at least 5 alternative combinations of such proposed sites and facility designs STATUTORY ADD 96
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 146 of 245 consistent with the criteria of paragraph (1). The Secretary shall recommend the combination among the alternatives that the Secretary deems preferable. The environmental assessment under subsection (c) shall include a full analysis of the relative advantages and disadvantages of all 5 such alternative combinations of proposed sites and proposed facility designs. (c) Environmental impact statements (1) Preparation and submission to the Congress of the proposal required in this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare, in accordance with regulations issued by the Secretary implementing such Act, an environmental assessment with respect to such proposal. Such environmental assessment shall be based upon available information regarding alternative technologies for the storage of spent nuclear fuel and high-level radioactive waste. The Secretary shall submit such environmental assessment to the Congress at the time such proposal is submitted. (2) If the Congress by law, after review of the proposal submitted by the Secretary under subsection (b), specifically authorizes construction of a monitored retrievable storage facility, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of such facility, except that any environmental impact statement prepared with respect to such facility shall not be required to consider the need for such facility or any alternative to the design criteria for such facility set forth in subsection (b)(1). (d) Licensing Any facility authorized pursuant to this section shall be subject to licensing under section 5842(3) of this title. In reviewing the application filed by the Secretary for licensing of the first such facility, the Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in subsection (b)(1). (e) Clarification Nothing in this section limits the consideration of alternative facility designs consistent with the criteria of paragraph (b)(1) in any environmental impact statement, or in any licensing procedure of the Commission, with respect to any monitored, retrievable facility authorized pursuant to this section. STATUTORY ADD 97
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 147 of 245 (f) Impact assistance (1) Upon receipt by the Secretary of congressional authorization to construct a facility described in subsection (b), the Secretary shall commence making annual impact aid payments to appropriate units of general local government in order to mitigate any social or economic impacts resulting from the construction and subsequent operation of any such facility within the jurisdictional boundaries of any such unit. (2) Payments made available to units of general local government under this subsection shall be-- (A) allocated in a fair and equitable manner, with priority given to units of general local government determined by the Secretary to be most severely affected; and (B) utilized by units of general local government only for planning, construction, maintenance, and provision of public services related to the siting of such facility. (3) Such payments shall be subject to such terms and conditions as the Secretary determines are necessary to ensure achievement of the purposes of this subsection. The Secretary shall issue such regulations as may be necessary to carry out the provisions of this subsection. (4) Such payments shall be made available entirely from funds held in the Nuclear Waste Fund established in section 10222(c) of this title and shall be available only to the extent provided in advance in appropriation Acts. (5) The Secretary may consult with appropriate units of general local government in advance of commencement of construction of any such facility in an effort to determine the level of payments each such unit is eligible to receive under this subsection. (g) Limitation No monitored retrievable storage facility developed pursuant to this section may be constructed in any State in which there is located any site approved for site characterization under section 10132 of this title. The restriction in the preceding STATUTORY ADD 98
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 148 of 245 sentence shall only apply until such time as the Secretary decides that such candidate site is no longer a candidate site under consideration for development as a repository. Such restriction shall continue to apply to any site selected for construction as a repository. (h) Participation of States and Indian tribes Any facility authorized pursuant to this section shall be subject to the provisions of sections 10135, 10136(a), 10136(b), 10136(d), 10137, and 10138 of this title. For purposes of carrying out the provisions of this subsection, any reference in sections 10135 through 10138 of this title to a repository shall be considered to refer to a monitored retrievable storage facility. STATUTORY ADD 99
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 149 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10162
§ 10162. Authorization of monitored retrievable storage (a) Nullification of Oak Ridge siting proposal The proposal of the Secretary (EC-1022, 100th Congress) to locate a monitored retrievable storage facility at a site on the Clinch River in the Roane County portion of Oak Ridge, Tennessee, with alternative sites on the Oak Ridge Reservation of the Department of Energy and on the former site of a proposed nuclear powerplant in Hartsville, Tennessee, is annulled and revoked. In carrying out the provisions of sections 10164 and 10165 of this title, the Secretary shall make no presumption or preference to such sites by reason of their previous selection.
(b) Authorization The Secretary is authorized to site, construct, and operate one monitored retrievable storage facility subject to the conditions described in sections 10163 through 10169 of this title. STATUTORY ADD 100
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 150 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10163
§ 10163. Monitored Retrievable Storage Commission (a) Establishment (1)(A) There is established a Monitored Retrievable Storage Review Commission (hereinafter in this section referred to as the MRS Commission), that shall consist of 3 members who shall be appointed by and serve at the pleasure of the President pro tempore of the Senate and the Speaker of the House of Representatives.
(B) Members of the MRS Commission shall be appointed not later than 30 days after December 22, 1987, from among persons who as a result of training, experience and attainments are exceptionally well qualified to evaluate the need for a monitored retrievable storage facility as a part of the Nation's nuclear waste management system. (C) The MRS Commission shall prepare a report on the need for a monitored retrievable storage facility as a part of a national nuclear waste management system that achieves the purposes of this chapter. In preparing the report under this subparagraph, the MRS Commission shall-- (i) review the status and adequacy of the Secretary's evaluation of the systems advantages and disadvantages of bringing such a facility into the national nuclear waste disposal system; (ii) obtain comment and available data on monitored retrievable storage from affected parties, including States containing potentially acceptable sites; (iii) evaluate the utility of a monitored retrievable storage facility from a technical perspective; and STATUTORY ADD 101
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 151 of 245 (iv) make a recommendation to Congress as to whether such a facility should be included in the national nuclear waste management system in order to achieve the purposes of this chapter, including meeting needs for packaging and handling of spent nuclear fuel, improving the flexibility of the repository development schedule, and providing temporary storage of spent nuclear fuel accepted for disposal. (2) In preparing the report and making its recommendation under paragraph (1) the MRS Commission shall compare such a facility to the alternative of at-reactor storage of spent nuclear fuel prior to disposal of such fuel in a repository under this chapter. Such comparison shall take into consideration the impact on-- (A) repository design and construction; (B) waste package design, fabrication and standardization; (C) waste preparation; (D) waste transportation systems; (E) the reliability of the national system for the disposal of radioactive waste; (F) the ability of the Secretary to fulfill contractual commitments of the Department under this chapter to accept spent nuclear fuel for disposal; and (G) economic factors, including the impact on the costs likely to be imposed on ratepayers of the Nation's electric utilities for temporary at-reactor storage of spent nuclear fuel prior to final disposal in a repository, as well as the costs likely to be imposed on ratepayers of the Nation's electric utilities in building and operating such a facility. (3) The report under this subsection, together with the recommendation of the MRS Commission, shall be transmitted to Congress on November 1, 1989. (4)(A)(i) Each member of the MRS Commission shall be paid at the rate provided for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the MRS Commission, and shall receive travel expenses, including per diem in lieu of subsistence in the same manner as is permitted under sections 5702 and 5703 of Title 5. STATUTORY ADD 102
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 152 of 245 (ii) The MRS Commission may appoint and fix compensation, not to exceed the rate of basic pay payable for GS-18 of the General Schedule, for such staff as may be necessary to carry out its functions. (B)(i) The MRS Commission may hold hearings, sit and act at such times and places, take such testimony and receive such evidence as the MRS Commission considers appropriate. Any member of the MRS Commission may administer oaths or affirmations to witnesses appearing before the MRS Commission. (ii) The MRS Commission may request any Executive agency, including the Department, to furnish such assistance or information, including records, data, files, or documents, as the Commission considers necessary to carry out its functions. Unless prohibited by law, such agency shall promptly furnish such assistance or information. (iii) To the extent permitted by law, the Administrator of the General Services Administration shall, upon request of the MRS Commission, provide the MRS Commission with necessary administrative services, facilities, and support on a reimbursable basis. (iv) The MRS Commission may procure temporary and intermittent services from experts and consultants to the same extent as is authorized by section 3109(b) of Title 5 at rates and under such rules as the MRS Commission considers reasonable. (C) The MRS Commission shall cease to exist 60 days after the submission to Congress of the report required under this subsection. STATUTORY ADD 103
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 153 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10164
§ 10164. Survey After the MRS Commission submits its report to the Congress under section 10163 of this title, the Secretary may conduct a survey and evaluation of potentially suitable sites for a monitored retrievable storage facility. In conducting such survey and evaluation, the Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed would--
(1) enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter; (2) minimize the impacts of transportation and handling of such fuel and waste; (3) provide for public confidence in the ability of such system to safely dispose of the fuel and waste; (4) impose minimal adverse effects on the local community and the local environment; (5) provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion; (6) provide such other benefits to the system for the disposal of spent nuclear fuel and high-level radioactive waste as the Secretary deems appropriate; and (7) unduly burden a State in which significant volumes of high-level radioactive waste resulting from atomic energy defense activities are stored. STATUTORY ADD 104
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 154 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10165
§ 10165. Site selection (a) In general The Secretary may select the site evaluated under section 10164 of this title that the Secretary determines on the basis of available information to be the most suitable for a monitored retrievable storage facility that is an integral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter.
(b) Limitation The Secretary may not select a site under subsection (a) until the Secretary recommends to the President the approval of a site for development as a repository under section 10134(a) of this title. (c) Site specific activities The Secretary may conduct such site specific activities at each site surveyed under section 10164 of this title as he determines may be necessary to support an application to the Commission for a license to construct a monitored retrievable storage facility at such site. (d) Environmental assessment Site specific activities and selection of a site under this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare an environmental assessment with respect to such selection in accordance with regulations issued by the Secretary implementing such Act. Such environmental assessment shall be based upon available information regarding alternative technologies for the storage of spent nuclear fuel and high-level STATUTORY ADD 105
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 155 of 245 radioactive waste. The Secretary shall submit such environmental assessment to the Congress at the time such site is selected. (e) Notification before selection (1) At least 6 months before selecting a site under subsection (a), the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, of such potential selection and the basis for such selection. (2) Before selecting any site under subsection (a), the Secretary shall hold at least one public hearing in the vicinity of such site to solicit any recommendations of interested parties with respect to issues raised by the selection of such site. (f) Notification of selection The Secretary shall promptly notify Congress and the appropriate State or Indian tribe of the selection under subsection (a). (g) Limitation No monitored retrievable storage facility authorized pursuant to section 10162(b) of this title may be constructed in the State of Nevada. STATUTORY ADD 106
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 156 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10166
§ 10166. Notice of disapproval (a) In general The selection of a site under section 10165 of this title shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection, unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under section 10165 of this title shall not be effective except as provided under section 10135(c) of this title.
(b) References For purposes of carrying out the provisions of this subsection, references in section 10135(c) of this title to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 10136(b) or 10138(a) of this title shall be considered to refer to a notice of disapproval under this section. STATUTORY ADD 107
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 157 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10167
§ 10167. Benefits agreement Once selection of a site for a monitored retrievable storage facility is made by the Secretary under section 10165 of this title, the Indian tribe on whose reservation the site is located, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under section 10173 of this title.
STATUTORY ADD 108
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 158 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10168
§ 10168. Construction authorization (a) Environmental impact statement (1) Once the selection of a site is effective under section 10166 of this title, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction of a monitored retrievable storage facility, except that any environmental impact statement prepared with respect to such facility shall not be required to consider the need for such facility or any alternative to the design criteria for such facility set forth in section 10161(b)(1) of this title.
(2) Nothing in this section shall be construed to limit the consideration of alternative facility designs consistent with the criteria described in section 10161(b)(1) of this title in any environmental impact statement, or in any licensing procedure of the Commission, with respect to any monitored retrievable storage facility authorized under section 10162(b) of this title. (b) Application for construction license Once the selection of a site for a monitored retrievable storage facility is effective under section 10166 of this title, the Secretary may submit an application to the Commission for a license to construct such a facility as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable agreements under this chapter affecting such facility. (c) Licensing Any monitored retrievable storage facility authorized pursuant to section 10162(b) of this title shall be subject to licensing under section 5842(3) of this title. In reviewing the application filed by the Secretary for licensing of such facility, the STATUTORY ADD 109
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 159 of 245 Commission may not consider the need for such facility or any alternative to the design criteria for such facility set forth in section 10161(b)(1) of this title. (d) Licensing conditions Any license issued by the Commission for a monitored retrievable storage facility under this section shall provide that-- (1) construction of such facility may not begin until the Commission has issued a license for the construction of a repository under section 10135(d)1 - of this title; (2) construction of such facility or acceptance of spent nuclear fuel or high-level radioactive waste shall be prohibited during such time as the repository license is revoked by the Commission or construction of the repository ceases; (3) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 10,000 metric tons of heavy metal until a repository under this chapter first accepts spent nuclear fuel or solidified high-level radioactive waste; and (4) the quantity of spent nuclear fuel or high-level radioactive waste at the site of such facility at any one time may not exceed 15,000 metric tons of heavy metal. STATUTORY ADD 110
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 160 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter I. Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste Part C. Monitored Retrievable Storage 42 U.S.C.A. § 10169
§ 10169. Financial assistance The provisions of section 10136(c) or 10138(b) of this title with respect to grants, technical assistance, and other financial assistance shall apply to the State, to affected Indian tribes and to affected units of local government in the case of a monitored retrievable storage facility in the same manner as for a repository.
STATUTORY ADD 111
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 161 of 245 42 U.S.C. § 10222 STATUTORY ADD 112
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 162 of 245 United States Code Annotated Title 42. The Public Health and Welfare Chapter 108. Nuclear Waste Policy (Refs & Annos) Subchapter III. Other Provisions Relating to Radioactive Waste 42 U.S.C.A. § 10222
§ 10222. Nuclear Waste Fund (a) Contracts (1) In the performance of his functions under this chapter, the Secretary is authorized to enter into contracts with any person who generates or holds title to high-level radioactive waste, or spent nuclear fuel, of domestic origin for the acceptance of title, subsequent transportation, and disposal of such waste or spent fuel. Such contracts shall provide for payment to the Secretary of fees pursuant to paragraphs (2) and (3) sufficient to offset expenditures described in subsection (d).
(2) For electricity generated by a civilian nuclear power reactor and sold on or after the date 90 days after January 7, 1983, the fee under paragraph (1) shall be equal to 1.0 mil per kilowatt-hour. (3) For spent nuclear fuel, or solidified high-level radioactive waste derived from spent nuclear fuel, which fuel was used to generate electricity in a civilian nuclear power reactor prior to the application of the fee under paragraph (2) to such reactor, the Secretary shall, not later than 90 days after January 7, 1983, establish a 1 time fee per kilogram of heavy metal in spent nuclear fuel, or in solidified high-level radioactive waste. Such fee shall be in an amount equivalent to an average charge of 1.0 mil per kilowatt-hour for electricity generated by such spent nuclear fuel, or such solidified high-level waste derived therefrom, to be collected from any person delivering such spent nuclear fuel or high-level waste, pursuant to section 10143 of this title, to the Federal Government. Such fee shall be paid to the Treasury of the United States and shall be deposited in the separate fund established by subsection (c). In paying such a fee, the person delivering spent fuel, or solidified high-level radioactive wastes derived therefrom, to the Federal Government shall have no further financial obligation to the Federal Government for the long-term storage and permanent disposal of such spent fuel, or the solidified high-level radioactive waste derived therefrom. (4) Not later than 180 days after January 7, 1983, the Secretary shall establish procedures for the collection and payment of the fees established by paragraph (2) STATUTORY ADD 113
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 163 of 245 and paragraph (3). The Secretary shall annually review the amount of the fees established by paragraphs (2) and (3) above to evaluate whether collection of the fee will provide sufficient revenues to offset the costs as defined in subsection (d) herein. In the event the Secretary determines that either insufficient or excess revenues are being collected, in order to recover the costs incurred by the Federal Government that are specified in subsection (d), the Secretary shall propose an adjustment to the fee to insure full cost recovery. The Secretary shall immediately transmit this proposal for such an adjustment to Congress. The adjusted fee proposed by the Secretary shall be effective after a period of 90 days of continuous session have elapsed following the receipt of such transmittal unless during such 90-day period either House of Congress adopts a resolution disapproving the Secretary's proposed adjustment in accordance with the procedures set forth for congressional review of an energy action under section 6421 of this title. (5) Contracts entered into under this section shall provide that-- (A) following commencement of operation of a repository, the Secretary shall take title to the high-level radioactive waste or spent nuclear fuel involved as expeditiously as practicable upon the request of the generator or owner of such waste or spent fuel; and (B) in return for the payment of fees established by this section, the Secretary, beginning not later than January 31, 1998, will dispose of the high-level radioactive waste or spent nuclear fuel involved as provided in this subchapter. (6) The Secretary shall establish in writing criteria setting forth the terms and conditions under which such disposal services shall be made available. (b) Advance contracting requirement (1)(A) The Commission shall not issue or renew a license to any person to use a utilization or production facility under the authority of section 2133 or 2134 of this title unless-- (i) such person has entered into a contract with the Secretary under this section; or (ii) the Secretary affirms in writing that such person is actively and in good faith negotiating with the Secretary for a contract under this section. STATUTORY ADD 114
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 164 of 245 (B) The Commission, as it deems necessary or appropriate, may require as a precondition to the issuance or renewal of a license under section 2133 or 2134 of this title that the applicant for such license shall have entered into an agreement with the Secretary for the disposal of high-level radioactive waste and spent nuclear fuel that may result from the use of such license. (2) Except as provided in paragraph (1), no spent nuclear fuel or high-level radioactive waste generated or owned by any person (other than a department of the United States referred to in section 101 or 102 of Title 5) may be disposed of by the Secretary in any repository constructed under this chapter unless the generator or owner of such spent fuel or waste has entered into a contract with the Secretary under this section by not later than-- (A) June 30, 1983; or (B) the date on which such generator or owner commences generation of, or takes title to, such spent fuel or waste; whichever occurs later. (3) The rights and duties of a party to a contract entered into under this section may be assignable with transfer of title to the spent nuclear fuel or high-level radioactive waste involved. (4) No high-level radioactive waste or spent nuclear fuel generated or owned by any department of the United States referred to in section 101 or 102 of Title 5 may be disposed of by the Secretary in any repository constructed under this chapter unless such department transfers to the Secretary, for deposit in the Nuclear Waste Fund, amounts equivalent to the fees that would be paid to the Secretary under the contracts referred to in this section if such waste or spent fuel were generated by any other person. (c) Establishment of Nuclear Waste Fund There hereby is established in the Treasury of the United States a separate fund, to be known as the Nuclear Waste Fund. The Waste Fund shall consist of-- (1) all receipts, proceeds, and recoveries realized by the Secretary under subsections (a), (b), and (e), which shall be deposited in the Waste Fund immediately upon their realization; (2) any appropriations made by the Congress to the Waste Fund; and STATUTORY ADD 115
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 165 of 245 (3) any unexpended balances available on January 7, 1983, for functions or activities necessary or incident to the disposal of civilian high-level radioactive waste or civilian spent nuclear fuel, which shall automatically be transferred to the Waste Fund on such date. (d) Use of Waste Fund The Secretary may make expenditures from the Waste Fund, subject to subsection (e), only for purposes of radioactive waste disposal activities under subchapters I and II, including-- (1) the identification, development, licensing, construction, operation, decommissioning, and post-decommissioning maintenance and monitoring of any repository, monitored,1 retrievable storage facility2 or test and evaluation facility constructed under this chapter; (2) the conducting of nongeneric research, development, and demonstration activities under this chapter; (3) the administrative cost of the radioactive waste disposal program; (4) any costs that may be incurred by the Secretary in connection with the transportation, treating, or packaging of spent nuclear fuel or high-level radioactive waste to be disposed of in a repository, to be stored in a monitored,1 retrievable storage site2 or to be used in a test and evaluation facility; (5) the costs associated with acquisition, design, modification, replacement, operation, and construction of facilities at a repository site, a monitored,1 retrievable storage site2 or a test and evaluation facility site and necessary or incident to such repository, monitored,1 retrievable storage facility2 or test and evaluation facility; and (6) the provision of assistance to States, units of general local government, and Indian tribes under sections 10136, 10138, and 10199 of this title. No amount may be expended by the Secretary under this subchapter for the construction or expansion of any facility unless such construction or expansion is expressly authorized by this or subsequent legislation. The Secretary hereby is authorized to construct one repository and one test and evaluation facility. STATUTORY ADD 116
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 166 of 245 (e) Administration of Waste Fund (1) The Secretary of the Treasury shall hold the Waste Fund and, after consultation with the Secretary, annually report to the Congress on the financial condition and operations of the Waste Fund during the preceding fiscal year. (2) The Secretary shall submit the budget of the Waste Fund to the Office of Management and Budget triennially along with the budget of the Department of Energy submitted at such time in accordance with chapter 11 of Title 31. The budget of the Waste Fund shall consist of the estimates made by the Secretary of expenditures from the Waste Fund and other relevant financial matters for the succeeding 3 fiscal years, and shall be included in the Budget of the United States Government. The Secretary may make expenditures from the Waste Fund, subject to appropriations which shall remain available until expended. Appropriations shall be subject to triennial authorization. (3) If the Secretary determines that the Waste Fund contains at any time amounts in excess of current needs, the Secretary may request the Secretary of the Treasury to invest such amounts, or any portion of such amounts as the Secretary determines to be appropriate, in obligations of the United States-- (A) having maturities determined by the Secretary of the Treasury to be appropriate to the needs of the Waste Fund; and (B) bearing interest at rates determined to be appropriate by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturities of such investments, except that the interest rate on such investments shall not exceed the average interest rate applicable to existing borrowings. (4) Receipts, proceeds, and recoveries realized by the Secretary under this section, and expenditures of amounts from the Waste Fund, shall be exempt from annual apportionment under the provisions of subchapter II of chapter 15 of Title 31. (5) If at any time the moneys available in the Waste Fund are insufficient to enable the Secretary to discharge his responsibilities under this subchapter, the Secretary shall issue to the Secretary of the Treasury obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions STATUTORY ADD 117
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 167 of 245 as may be agreed to by the Secretary and the Secretary of the Treasury. The total of such obligations shall not exceed amounts provided in appropriation Acts. Redemption of such obligations shall be made by the Secretary from moneys available in the Waste Fund. Such obligations shall bear interest at a rate determined by the Secretary of the Treasury, which shall be not less than a rate determined by taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligations under this paragraph. The Secretary of the Treasury shall purchase any issued obligations, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of Title 31, and the purposes for which securities may be issued under such Act are extended to include any purchase of such obligations. The Secretary of the Treasury may at any time sell any of the obligations acquired by him under this paragraph. All redemptions, purchases, and sales by the Secretary of the Treasury of obligations under this paragraph shall be treated as public debt transactions of the United States. (6) Any appropriations made available to the Waste Fund for any purpose described in subsection (d) shall be repaid into the general fund of the Treasury, together with interest from the date of availability of the appropriations until the date of repayment. Such interest shall be paid on the cumulative amount of appropriations available to the Waste Fund, less the average undisbursed cash balance in the Waste Fund account during the fiscal year involved. The rate of such interest shall be determined by the Secretary of the Treasury taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States of comparable maturity. Interest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so deferred shall themselves bear interest. STATUTORY ADD 118
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 168 of 245 Nuclear Regulatory Commission, Final Rule on Licensing Requirements for the Storage of Spent Fuel in an Independent Fuel Spent Storage Installation, 45 Fed. Reg. 74,693 (Nov. 12, 1980) STATUTORY ADD 119
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 169 of 245 74693 Rul.es and Regulations Fedral Register Vol. 45. No. 220 Wednesdily, November 12.. 1980 This section of the FEDERAL REGISTER thought to be potentially interested in Is designed to codify certain existing cootaios regulalo!y documents having this 1ubjecL regulatory practices and better define general appficability and legal eff9ct. most Seventy letters, containing more than licensing requittments covering the of which are keyed to and oodilied in 600 individual commenta, were received storage of pent fuel in an ISFSJ, is the Cooe of Fooeral Regulatiorl$, whic:tt is in responae to this request. Individual consistent with the NRC objective of pubfished under 50 tides pursuant to << u.s.c. 1510. letters were submitted on behalf of having applicable regulations in place to The Code of Federal RE9,llalions is 901d severe! contributors. In addition, meet anticipated needs. by the Superiotendoot of Documents. comments were received from interested 2. Purpo,e and Scope of Part 72. In the Prices of new books are listed In the NRC staff members. The comment1 opinion of those commenters who first FEDERAL REGISTER issue of each covered generic subject* in addition to consider spent fuel to be a high-level month. ones addreued to 1pecific 1eclions of waate, the licensing of sent fuel storage the draft rule. After a careful Ia the de facto licensing of the temporary NUCLEAR REGULATORY consideration of all of the comments 1torage of high-level wastes. Others COMMISSION received, the Commi11ion has adopted commented that Part 72 could be 10 CFR Part 72 10 CFR Part 72 in effective form. Major expanded to cover the temporary issues contained ln these comments and 1torage of high-level wastes in a facility Licensing Requirements for the like an ISFSI to allow further Storage of Spent Fuel In an resulting change, in the rule are di.scu11ed below. The detailed responses radioactive decay prior to placement in Independent Fuel Spent Storage a repoaitory. lnstanatlon to individual commenla are documented in NURBG--0587, "Analy1e1 of Part 72 is limited in scope to the AGENCY: U.S. Nuclear Regulatory temporary storage (up to 20 years with Comrnenta on 10 CFR Part 72." Copies of Commission. this report are available from the renewal at the option of the ACllON: Final rule. Division of Technical Wormation and Commi11lon) of spent fuel (and Document Control, U.S. Nuclear radioactive materiaJs associated with
SUMMARY
- The Nuclear Regulatory spent fuel storage) in facilities designed Regulatory Comml11ion, Washington, Commission (NRC) is adding a new Part D.C. 20555. specifically for this purpose. The to its regulations to cover the specific purpoe of Part 72 is to prescribe the licensing requirements for the storage of Issues Addrened in Public Com.mania regulatory requirements for this activity.
spent fuel in an independent spent fuel 1. Need for a Rule at Thi, Time. Fifty The Commission has stated that spent storage installation (ISFSI). Such commenters ahowed a broad recognition fuel from power reactors is high-level activities are currently licensed under of the need for the proposed role at this waste for the purposes of Section 202(3) the Commission's general regulation for time and endorsed this action by the of the Energy Reorganization A.cl 1 Thus the Domestic Licensing of Special NRC, although exceptions were taken to an ISFSI that is operated by the Nuclear Material, 10 CFR Part 70. some of the 1pecific requirements. Department of Energy must be licensed Experience with licensing actions under Twelve commenters were opposed to byNRC. this regulation demonstrated the need this rule and its promulgation at this 3. De Facto Support ofNuclear Power. for a more definitive regulation to cover time. For example, 1ome of these Some commentera interpreted the spent fuel storage in an ISFSL This new commenters expre11ed a concern that promulgation of Part 72 as de facto Part was developed to meet this need. the promulgation of a rule covering support by the Commission of the DATES: Effective date: November 28, 1980. spent fuel 1torage would decrease continuing production of eleclricity by Note.-The NRC did not submit this rule to pressures on both lnduatry and nuclear power (and its resultant waste the Comptroller General for a review or ii* government to solve the radioacti\'c generation) without a national waste reporting and record.keeping requirements waste problem. Others ad,*ocated a halt management policy. The Commission's because the projected number of lioen.aee1 to the generation of spent fuel, i.e., shut intent in promulgating Part 72 is simply involved. fewer than 10. makes It exempt down nuclear power plants until the to have applicable regulations in place from. the Federal ReportJ Act. a1 amended. t4 waste problem is solved. for the protection of the health and USCSS1%. safety of the public and of the Following the Pre1idenf1 deferral of FOR FURTHER INFORMATION CONTACT: reprocesaing of ,pent fuel in April 1977 environment if applications are received Dennis W. Reisenweaver, Office of came the general recognition that. for the alorage of spent fuel in an ISFSI. Standards Development. U.S. Nuclear regerdleaa of future de\'elopments, spent Tho Commission's position on the Regulatory Commission, Washington, fuel would have lo be stored for a subject of waste management was D.C. 20555, (301) 443-5910. number of years prior to its ultimate addressed in the Federal Register notice SUPPLEMENTARY INFORMATION: On disposition, and that the 1toragc of spent on 10 CFR Part 51, published on August October 6, 1978, the NRC published in fuel in an JSFSl would be a likely 2, 1979 (44 FR 45362) promulgating a the Federal Register (43 FR 46309) a additional new step in the nuclear fuel final rule which sets out in Table S-3. notice of proposed rulemaking covering cycle. The NRC expects a number of Table of Uranium Fuel Cycle the storage of spent fuel in an license application, covering this En,ironmental Data, re,ised independent spent fuel storage activity ln the near future. Part 72 environmental impact values for the installation (ISFSI). In addition, copies establishes 1peci0c regulatory 1 Sla!em,nt of Dr. JOffph R. Hmdrit. t!:en of the proposed rule with a request for requirement, for thi1 ecth*ity. Cb~uman of the U.S Nuclear Rtgulalor)* comments were sent to individuals, It is the judgment of the Commission CominlNloa bdon: the Comm.itltt on Enug)* and organizations, and government agencies that the promulgation of Part 72, which r-,1tur.l .Rno~1. U.S. Sena!t, May 10, l!r.'9, STATUTORY ADD 120
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 170 of 245 74.694 Federal Register / Vol. 45, No. 220 / Wednesday. November 12, 1980 / Rules and Regulations uranium fuel cycle including waste quantities of radioactive materials are present in spent fuel ere proporUonnl lo disposal and the notice or proposed. not present. There are no high burnup: but within the limits of expoolocl rulemaking on 10 CFR Paris 60 and 51, temperatures or pressures present burnups, this is nol a significo.nl fuctor "Storage and Disposal of Nuclear during normal operations or under for spent fuel aged more then ono ycor. Wasles,"*published on October 25, 1979 design basis accident conditions to The one-year deCl'IY stipulation has (44 FR 61372}, cau.se the release and dispersal of been retained as this is a basis for lho 4, Adequacy of Technology Base. A radioactive materials. This is primarUy reguirements of Part 72, I.e.. the number or commenters questioned the ' due to the low heal generation rate of presumption is mnde thot no shorl-Jlvod adeguacy and availabillty of the spent fuel with more than the one year radionuclides are present ond tho levels technology base for the development ol of decay before storage in an JSFSI of volatile radioactive motcrials are very 11 rule covering extended spent fuel required by the rule and with the low substantially reduced. storage. In fact, there is a very broad itiventory of volatile radioactive* lnasmuoh as the dennilion of spiint
~f:!chnology base for both wet and dry materials readily available for release lo fuel eligible for storage in on ISFSI modes of spent fuel storage for the
- the environs. * (Section 72.a(v)J spucifies thut the fuel contemplated lifetime of an 18.FSI. However, it is essential to mail1tain must have undergone at least a yoor's Water basins ate simple structuJes safe storage conditions. For water decay since its Irradiation in a power that have. been used since the mid-1940s basins, this means that the pool reactor. any facility [or lemporary fot lhe handlin.g, transfer and sto*rage of structure. storage racks and possibly storage of fuel irradiated in a power spent fuel and other highly radioactive other items such as crane tiedowns, reactor which has nol undergone o sources such as 60Co and for the must be designed lo withstand the year's decay would be liconsed undor
. shielding of research reactors, initially maximum potential natural phenomena. Part 50 rather than Parl 72. . al government plants and later al including earthguaku, lo which the 6. Definition of Tomporory Slorase, In commercial reactors. The engineering ISFSI may be exposed, *For this teason, response to commenls, a deflnllion of practices and procedures involved in the rule slres.ses the selection of sound temporary stotage hos boen udded as their design and construction are well sites and designing for the most severe poragroph 72.3(x). Temporary slorogo. 111 established, The operation of II water nalural phenomena reported for the site the context of Part 72, means "Interim basin is also st~aightforward, the water and surrounding area. The same storage of spent fuel for a limited limo chemistry is well established, and the considerations are applicable to JSFSI only, pending its ultimole disposal. maintenance of high quality basin water designs other than water basins. 9, Molerial Versus Facility Lice11se. is readily achievable. These water 6. Coverage ofDry Storage and Some confusion and mfaundcrstondlng conditions are essentially non-corrosive
- Existing Facilities. ~ number of over the differences between o Part 70 lo both the materials involved in the commenters suggested that the purpose "material" license undo Port 50 basin itself and the components of spent and scope be written ~ more definllive "facility license was reflected l,y 11 fuel assemblies from colllll'lercial light langua.ge and specifically to cover dry number of commentors. Under Porl 70, o waler reactors, Both experience and storage and other radioactive materials licensee ls authorized lo receive llllo lo, theoretical analyses of basin storage associated with spent fuel, recognizing own. acquire, deliver. rocelvo, possess, conditions indicate that spenl fuel can that this was intended in the pi:oposed use, and transfer special nuclear bo stored underwater for several rule. The wording was .ch.angetl for material for a slated purpc;,so, such us decades without serious degradation. improved clarity in response to these fuel manufacturing, lo be curried out In Although dry storage bas not been
- suggestions. In addition, paragraph _," an approved plant complex: however, used for cornmercla,1 Jight water reactor 72.2(c) was added to the scope to clatify the plant itself is not licensed but Its (LWR) fuels, dry storage has been used the fact that this rule covers bod1 wet operation ls regulated. Under Part 60. o for a number of years for other types of and dry slorage. Other appropriate licensee is authorized to transfer or spent fuels'and other highly radioactive changes were made in the body of tho recejve in lnterslale commerce, molerials, patticularly at the Idaho
- rule to further clarify this point. manufacture. produce, transfer, ocquiro, Nuclear Engineering Laboratory. Dry 7. Types ofFuel Covered and Decoy possess or use a production or slorage is used for spent MAGNOX versus Fuel Characteristics. Comments ulilizalion facility, os defined by Um fuels al lhe Wyfla Power Sh1tion in were received suggesting that the role Atomic Energy Act: the llcenso covers Wales. Canada ls developing dry be broadened lo cover other than LWR the facility. not the materiol, Tho storege for CANDU reactor fuels, and spent fuel. e.g.. CANDO reactor fuel that possession o! fuel by a reoctor llconaoo the U.S. Department of Energy (DOE) is might be received from abroad. In is covered undor a P,,rt 70 llcenao, whlcl1 evaluating the storage or high bumup response. the definition of spent fuel fs incorporated into lhe Port 50 llconso.
LWR foels both In concrete and steel was broadened to cover all types of The licensing of spent fuel storage in 1111 canisters similar lo the Canadian design power reactor fuels. An JSFSl would ISFSl under Perl 72 Is a materlol lypu of and in near-surface dry well storage al have lo be desig11ed lo accommodate the license: however. Part 72 includes the Nevada Test Site. "* types of spent fuel to be stoted, and ony requirements for un ISFSJ that ore
- 5. Is s,pent Fuel Storage a Low Risk restrictions oo fuel types would be a condilions under whtch u llcenso 10 Operalion? Some commenters subject of ficense conditions. possess spent fuel wlll be Issued, questioned wbelher the extended S9me commenter.. questioned the one- 10. 0/18 License Application and Ono storage of spent fuel is a low risk year deuay slipulallon, preferring that Safety Analysis Report. For some tlmo operation os staled In the preamble to this requirement be expressed in terms the NRC hos endeavored to simplify hs the proposed rule. of specific power. bumup, or other regulations ond licenoing ocUvltlos, As Radiological risks lo the public result pertinent fuel characteristics. In spent fuel storage in an lSFSl Is o elmplo from a release of radioactive materials praclice, specific power is important operation. does not require o complox nnd their dispersal to the environment. only for fr~shly dlscherged fuel es 1ho plant and is subject to few controvor1;lul Onoe in place, spent fuql storoge is a power le.ve] prior lo shutdown Is the technical Issues, a one step licensing stotic ope.ration end during normal controlling factor for the concentration procedure requiring onl.V. one oppllcutlon oparotlons the conditions required for of r.hort-lived radlonuclldes present fn end one SAR was adopted fn Port 72.
the release ond dispersal of significant Gpent fuel. The long-lived radionuclldcs This on? slop licensing procoduro wus STATUTORY ADD 121
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 171 of 245 Federal Register / Vol. 45, No. 220 / Wednesday. Nu\*embcr 12, 1980 / Rules and Regulations 74695 the subject of a number of comments. It dccommiuiuning shoulJ bl! mJdC' bdvrC' uwn i£ no ch.inges have been made. The is believed that the rewording of the text a license is iuued, ,1110ual upd.iting will also address the of tbe l'\lle plus the discussions of Although decommil6iuning of an s1gnilicance of any changes to codes. individual comments in NUR£G--OS87 lSFSl should require only the remo\'al of standards', regulations. or regulatory have clarified requirements aod the one surface contamination. planning for guhles which the lice.nsee bas committed application and ooe SAR requirement decontamination and decommissioning tu meeting that are applicable lo the has been retained in Part 7i; However. ii is an easehtial element of design input. design. const.r,iction. or operations of tr.e should be recognhed that localing an The value or a decommi,sionmg plan ISFSI. Changes al an lSFSI after ii :s lSFSI on a nuclear power plant site may being developed al the license l,uilt urc expected to be limited to require an amendment to the Part 50 application sta~ i* lhal lhi1-pl,.in support s~*stems with only marginal license to take into accowit possible dcmonatratea the extent to whirh the safoty significance. This requirement is interactions with the JSFSI. propo1ed ISFSl has b!!cn dc~ignc,J fur t omparable lo that or the proposed Section 2..764 of 10 CFR Part 2 has decomminioning. umendmenl to i 50,il cf 10 CFR Part 50, been llll}ended by adding a new The provi1ion5 for fimmcsni; lhl' commonly refened to as the "fSAR paragraph (c) which provides that an ultimate decommi11ioning or .mISFSl Update Rule:
- initial decision directl.f18 the isauance were alao the aubject of many commc*nts reflecting that this is a problem ~*ct to be 15. Content of Em'ironmen.tal Repa:ts, under 10 CFR Part 7Z of an initial license resolved. This ahould nol bl! a Sl*rious 1'he content or the environmental report for the construction and operation of an required by § n .20 was the subject of a independent spent fuel storage problem Bl the coat of decommissioning an ISFSI that is designed for number or comments. The installation (ISFSJJ shall not become en, ironm<'ntJI report requjred for an effective until review by the decommiuioning should be am.all compared to these co&ts for some othc*r ISFSl is an C\'alualion of the Commission bas been completed and environmental jmpact of the ISFSI on that the Director of Nuclear Material nuclear facilities.
- 13. Prequ0Micatic11 ofParl SCI the region in which ii is located.
Safety and Safeguards shall not Issue including the transportation that is such an initial license until expressly licensees. Some commenlers, particularly utilities. suggested that P,,rl ln\'ol\'ed. Discussions of generic issues authorized to do so by the Commission. CO\'Cred by DOE and NRC generic This ame.ndtnent does not affect and is 50 licensees should be con~idcred to be prequalified. Thia suggestion v.*as nut t*n,*iroruneotal impact statements may not intended lo alter in 8JIY way the I><' Incorporated by referen-:e. previous action of the Commission adop ted. although no actious difficultr is temporarily suspending the immediate anticipated in the qualification of a PJrt 16, Prorision forPub!icHearfogs a.'7.d effectiveness role (10 CFR 2,764 [a} and 50 licenaee. A Part 50 licensee must State and Local Pa;ticipation in the (b)J in certain proceedings aa provided satisfy the requirement in P.:irt 7:? thJI un Lfo*t>:1,:ir,,-: Process. A number of in Appendix B to Part 2 (44 FR 65049 applicant h11\*e an adequately trJined commcnters expressed concern o\'er the November 9, 1979.) staff committed lo the dui11n. omi~sion in proposed Pc1tt 72 of anr construction and operation of thL* rrfort.1nce to public hearings or other
- 11. Accident Analyses. A number of proposed ISl-"Sl, The alora~e of i.pent comments addressed the subject of r n,,*isions covering state and local fuel in an ISFsl is a low risk operalion participation In the licensing p1ocess. la accident analyses. particularly on provided the ISFSI is dc,igncJ .
apparent inconsistency between the 24- ,1ccordance with the requirements of constructed and operated in accordancC' Sec. 189a of the Atomic Energy Act, as hour inhalation/ingestion doae with required standards. A comnutmenl addressed in paragraph 72.15{al(13) and amended, which pro,ides in part "*.. to this erTect on the part of Jn apvlicanl the Commission shall grant a hearing the 2-hour direct radiation dose used as is considered important. a site evaluation [actor in § 72,67. Uplm the request of an}* person ~hose
)4. Required Vetail UJIU (fpi/1.Jtills uf into~*I may be affected by the In response to those comments and lhe SAR Questions were r.iisl*d on the upon further consideration, paragraph proceeding ** * ," the Office of Xuclear required deti1il in the SAR and it~ Materials Safety and Safeguards has 72.15(a){13) was revised to require updoling, The single license granll>d accident analyses to cover both cstoblfshed the practice of publicizing under P11rt 72 prior to the &hnl uf proposed spenl fuel storage Ucensin.g immediate dose and long-term dose r.onstruction requires conaiderabll' commitment based on the duration of nctions and holding public hearings on a detail i.n the hcen" applic.itfon, request by anrperson whose interest the postulated e\*ent rather lhllll on an pctrlicuh1rly 1n the SAR. There must be arbitrary liJDe limit. Accident criteria to my be affected. A section based o::i the sufficient detail lo: (1) Support lh11 PT0\'ision~ of§§ 2.104 and 2.105 of 10 be used in site evaluation were removed findings enumerated in § ;:: Jt fiir Ilic from U 72.65 and 72,67 and placed in a issuance or a license, and CFR Part 2. has been added to the rule new § 72.68 which addresses the criteria (Sl,e § 72..34},
(2) Sen e lll the bases for l,uth the for establishlng the controlled area for license condition, apphcJl1ll* tu lh:~*~n ti'. Applicabilit;*oflicense an lSPSl. und tona\ruction and tho liccnsu Conditions. Some corrunenters raised
- 12. Decommisslonlng Plan. The conditions. mcluding technical questions on the content and requirement in Part 72 that the license apec1£lc11tlons, appli~l,le to oprrJl1ons, opplicabililr o[ license conditions, application include a plan for The wording h11s beon i;ht1n)!,*J mcognWng that license conditicns are decommissioning or the proposed lSFSl throughout the rule to clanry lhi~ point. t.n importdnl ai.pect of lhe sinte and the financial arrangements Updating the SAR during the dci.1gn prceonstn1ction license issued under therefore were the s11bject of manr 11nd 1.onstruction phase of the proj,1l' t i~ P,irl 7Z. ln tt:sponse lo these con-..r.:ients.
comments. The reason for this required. l lowl'~er, sud1 upJ,,tinR ,~ lhl! wording of i 12.33 ,1,*as changed to requirement is that the decommlssioning limited to un elaboration or m11d1fo..i1iu11 r.luriry the point lhat license conditions plan provides design input (aee § 72.70) of the infut111ation in an appro\'cJ SAR, ,ire opplicable lo design, const.r,iclion, and the ba&is for the costs of Any changes involving an unrc\*iewcd ond operalionul aclMties. Since license decommissloni.ng. Part 72 m11lces it a tH1fety question requite an JffiCndmunt cund1lions upplicable to ISFSI requirement that adequate financial to the license. An unnuul updJllng u( the operations ore technical i.n nature. these arrangements to cover the coat of SAR uftcr the ISFsl Is liu1lt 19 rcqJ1tcJ ho,*c 1mm fdimtified by the more STATUTORY ADD 122
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 172 of 245
.74696 Federal Register / Vol. 45, No. 220 ) Wednesday, November 12, 1980 / Rules and Regu_lalions familiar term "Technical intended to be used for olhet than potential release or radlonctlve Specifications." reactor sites. The use of these terms* materials, including short-lived speclos 18, At-Reactor versus Away-From- from 10 CFR Part 100 for an JSFSI is such as 'i I. Design bnsls accidents or Reactor Siting. Some commenlers . inappropriate. concern at an lSFSI prltnarlly Involve
- favored restricting the siting cifISFSls to Furthennore, the "R,eport of lh.e Siting direct radiation from exposure to tho reactor sites, with the thought that this Policy Task Force." NUREG--0625. has spent fuel rather than releases of might reduce perceived transportation recommended several pbanges in the radioactive' materials. The areas risks and keep pressure on the nuclear basic criteria of10 CFR Part 100. requiring control or protective nollon industry lo help solve the waste Therefore using the current terminology measures for the protection of tho public management problem. Others favored ofl0 CPR Part 100 in 10 CPR Part 72 is are quite different and hence using away-from-reactor siting, perceiving this not appropriate due to the potential different terminology for each ovoids to be safest solution even though changes that may be made in Part 100. confusion.
transportation might be increased. For example, it is proposed to change The four site-related terms and tholr Also, some commenters interpreted the term (and de6nllion) of "low defmitions, I.e., site, controlled oreu, lhe promulgation of Part 7Z as reflecting population zone" to "emergency neighboring area (now 1SFSI-EPZ), ond an NRC bias favoring away-from- planning zone" (EPZ), This terminology region, establish each of the reactor siting. This conclusion i& not was used in the proposed revision of geographiool areas and the correct. The NRC is not aware of any Appendix E (now titled "Emergency interrelationship thul would exlsl compelling reasons generally favoring Planning and Preparedness for between these areas and the need to either at-reactor or*away,£rom-reactor Production and Utilization Facilities"} to protect public health and safety and tho siting or an JSFSJ. There are .many 10 CPR Part so, that was published for environment. The site tneons the rcol factors to be considered in each
- comment on December 19, 1979. properly on which lhe ISFSI is locoled, in situation and the licensing actions Consistent with this proposed revision, The controlle.d area, which may or muy Involved; accordingly, the rule permits lhe term "neighboring area" in 10 CFR not be the slime as the site, hos tho either. Parl 72 has been changed to "ISFSI purpose of defining licensee control fot
- 19. The Use ofNew Sile*Related Emergency Planning Zone" (ISFSI-BPZ) meeling regulatory licensing Terms. One subject or particular interest because these are comparable in requirements. The conltolled areo, lq to many commenters was the use jn Part concepl. The size of an ISFSI-EPZ is mosl cases, will be enclosed by soma 72 of new site-related terms {"controlled, expected to be much smaller tb{ln that physical barrier such as o fence, to area," "neighboring area" and "region,") or a reactor EPZ. ;; provide the needed control of actlvllios rather than the more familiar site- 20. Criteria for &tablishing I.he within the .11rea. Beyond the conlrollod related terms used In 10 CPR Parts 20 Contra/led Area, Nei9hboril!g Area,' area, the licensee doos not necessurlly and 100. and Region as Applied ta the Site of on exercise authority over octlvltios, Several considerations went into the ISFSl A number of commenters , The ISFSJ-Emorgency Planning Zono development of new terms for site* expressed the heed for criteria for (JSPSJ-E:PZ) Is thol nrea in the related areas around an lSFSI. While the establishing the controlled area, the immediate vicinily of an ISFSl upon terminology used In 10 CFR Part 20, neighboring area and the region for an , which local and Sia tu governments specifically 'restricted' and 'urueslricted' JSFSI as these terms are used in Part 72 should base their radiological response areas, applies to all nuclear faciliUes, ll and noted that there-was a potential plans. The requirement to define o Is limited to radiation protection conflict of terms in the proposed rule, In . neighboring area in the proposed 10 CPR concerns associated with norm.al - response to these comments, more Part 72, in which State and local opo;alions and the means u.s ed by the definitive.criteria have been governments could tokt? protecllvo llconsee to control the access to areas of incorporated in the pertinent seclions of action In the event or on emergency, ls potent.la! radiation exposure. With the the rule and clarifying changes in the comparable in concept to the emorgoncy advent of as low as is reasonably text and definitions have been made. planning zones for reoclors.,The torrn achievable obj(?clives and Another concern with the JSFSI-EPZ has been adopted to environmental radiation protection implementation of these defined areas differentiate this 20110 and its stan~ards promulgated blt the for ah lSPSfis the possible conflict in requirements from those of on EPZ for n Bnvironmontal Protection Agonoy in 40 terminology for an JSFSl looated on the teaclor, Cf'R Part 190, the le.rm "unrestricted" ~ame site with a nuclear power reactor The regions around on ISFSI slto will used in 10 CPR Part 2015 too narrow in licensed under 10 CFR Parts 50 and 100 vary in geosraphicnl 11re11 and looollon meaning £or applications to areas requir ements, depending upon lhe event being beyond the boundaries of the Ucerisee*s Part of this concern appears due to a evaluated to determine Its Impact on tho property. \ misunderstanding and the impressiun ISFSI. A. resion hos the purpose of The current ternunology used In 10 that the controlled area for an lSFSl ls defi!1ing the area within which fluc:h tin CFR Part 100, specifically 'exclusion the same as the exclusion area for a event can have an impact on tho publlo area* a.nd 'low population 'Zone', i,s reactor and that the neighboring area health and safety or environment, This applicable to postulated radlolog1cal (since changed 10 ISFSJ-BPZ) for an impact must be assesued from tho consequences to individuals beyond the JSFSl is the same as the low population consequences postulated for tho ovonl11 site boundary from potential accidents zone for a reactor. In concept, these evaluated. ,
In lest and power reactors. Its areas are similar but the bases for thejr 21. Dose limits for Normal oppllcoblllty Is limited to specific type& establishment are different. The Operations andAccidents, I\ number of of nuclear reactors, not other nuclear controlled area for an ISPSI ls not the commentera addressed tho subjoot of lnstallaliono, and to well-defiJJed same as the exclusion area for a reactor dose lirnllo for normo.l operutlons tmd rc(ere.noe dose guldellnes and risk~ beGause the design basis accidents are accidents. Although spenl fuel storouo Is associated with such nuclear reactors, different. Reactor accidents involve a . nol speclflcolly identified as o fuel cyclo The terminology used in 10 CPR Part l0Q operation in 40 CPR Port 190, is loo restrictive in meaning for use at 'Tho tnnn "noiahbotlng 1rc11" hes bocn chanicd "Environmental Rodia lion Proloctlon multi-purpose sites and was never to "l!IFSt~RP?.." . Stondnrds for Nucleor Powor STATUTORY ADD 123
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 173 of 245 Federal Register / Vol. 45, No. 220 / Wednesday, November 12, 1980 / Rules and Rl'~ulations 74697 Operations," the dose limits specified in conservative and adequate to offset appropriate for the protection of an this regulation are used in Part 72. uncertainties in an evaluation or a ISFSI which could contain a large Section 72.67 was rewritten lo better specific site on a probabilistic basis. inventory of spent fuel. The Commission clarify the requirements on effiuents and However, it was not pouible lo la coJUidering a revision of Appendix A direct radiation during normal obtain a consensus among expert. in the to Part 100. However, it is anticipated operations and anticipated occurrences. field on this approach. It was generally that such re\ision would be in the The accident dose limit of 5 rem waa agreed that probabilislics techniques are nature of a clarification ofils placed in a new § 72.68, that defines the adequate to determine potential requirements and that the rule would criteria for establishing a controlled seismicity on a regional basis, but these atill be applicable to ISFSI siting. area for an ISFSL The 2-hour criterion techniques are not yet adequately The principle of selecting sound sites was deleted: the controlling design basis developed for application lo a specific has been retained in the final rule. For accident for the specific ISFSI covered site. example, floodplains and sites that lie in the application is to be evaluated. The As an alternative, the proposed rule within the range of strong nearfield 5 rem cumulative exposure limit is allowed a site specific "g" value lo be ground motion from earthquakes on derived from protective actions determined by the procedures or larger capable faults should be avoided. recommended by EPA for projected Appendix A to Part 100, "Seismic and This principle is consistent with the doses to populations for planning Geologic Siting Criteria for Nuclear recommendations in the "Report of the purposes.2 Power Plant,." Thia provision waa in Siting Polley Task Force," NUREG-0625. The reference to 24 hours in Subpart E. "Siting Criteria," and waa 23. The ISFSI Design Earthquake paragraph 72.15(a)(13} was deleted; the intended for uae In the evaluation or site (ISFSI-DEJ. The standardized ISFSI-DE requirements for the accident an.alysis characteristics. such as potential soil of 0.25 g for massive structures. such as section of the SAR were changed to call liquefaction, under earthquake water basins, bas been retained in the for the evaluation of a dose commitment conditiona in areas of low potential final rule for use at sites east of the due to the event that would take into seismic activity where the use of the Rocky Mountain Front that are in areas account the total dose from a single standard design earthquake of 0,25 s of low potential seismic activity and exposure as well as dose reduction due was conaidered to be unduly restrictive. hence do not need to be evaluated by to protective action. The final rule makes a differentiation the criteria and level of Investigations of In response to comments on the between the regions eaat and west or Appendix A of 10 CFR Part 100. applicability of Appendix I to 10 CFR the Rocky Mountain Front, For sites west of the Rocky Mountain Part 50 and Part 100 to an lSFSI, approximately 104* west longitude, and Front and in regions in the eastern Appendix I is applicable only to light in the east makes a further United States of known seismic acthity, water cooled power reactors and Part differentiation between areas of low the ISFSI-DE must be determined using 100 is applicable only to power and test seismic potential and areas of known the level of Investigations and the reactors. Neither of these regulations is seismic potential, including, but not criteria of Appendix A of10 CFR Part applicable to an ISFSI. limited to, New Madrid, Mo.: 100, including the requirement that it be
- 22. Geological and Seismological Charleaton, S.C.: and Attica, N.Y. no le,s than 0.10 g.
lnvesligalions. In the proposed rule, th( In areas of low seismic potential 1n For an ISFSI that is located on a geological and seismological the eastern United States, a proposed power plant site which has been investigation requirementa for an ISFSI site will be considered acceptable if the evaluated by the criteria and level of site were based on the reasoning that it results from onaite foundation and investigations of Appendix A 0£10 CFR should be possible to select sound site! geological investigation, literature Part 100, the ISFSI-DE for structures for the few ISFSis expected to be built. review, and regional geological shall be equivalent to the safe shutdown Seismologically, a sound site was recoMaiuance show no unstable earthquake (SSE) for a nuclear power considered one having potential grounc geological characteristics, soil stability planL motion of less than 0.25 g from problem,, or potential for vibratory For ISFSl's which do not Involve earthquake with a return period of 500 ground motion at the site in excess of an massi\*e elntctures, such as dry storage years. This earthquake potential could appropriate reaponae spectrum casks and cannisters, the required be determined on a probabilistic basis; anchored at 0.2 g. Un,table geological design earthquake will be determined on i.e., read from seismic zonation maps characteristica are defined ea capable a case-by-case basis until more such as those published by the U.S. faults, surface offset potential, experience ia gained with the licensing Geological Survey.s Uncertainties In subsidence or collapae features, upllgbt of these types of unita. such determinations could be offset by or downwarp, active tectonism, or 24. Probability Basis Used for Other overdeslgn. landslide or mudflow potential. In the Natural Phenomeno. Some commenters This use of probabilistic techniques western United States and in regions of wanted to go one step further and use a was considered appropriate as a site known seismic potential in the eastern probabilistic basis for other natural selection criterion: it was not intended United Stales, the 1ei1micity at a phenomena such as tornadoes and to be used for determining the design proposed ,lie must be evaluated by the flood,. It baa been common practice in earthquake for structures. Assuming a criteria and level of investigations of the United States to use probable sound site as defined above, the use of a Appendix A of 10 CPR Part 100, maximum event, as design bases for standard design earthquake of 0.25 g "Seismic and Geologic Siting Criteria for radiological 1afety-related structures, (which has a return period that is much Nuclear Power Plan ta," 1y1tem1, and components. When a greater than 500 years) waa considere1! The con1ervaU1m reflected both in the frequency or probablllstic analysis of use of a 1tandard dealgn earthquake of hialorical data is used to estimate such a 11::PA 520/1-7 ~ . "M,noel orllrotectJve Act~ 0.25 g for the deai.gn of alntcturu at 1lte1 low probabUity event, there is generully Cuidt1 *!Id Pl'otetUw Acttoo1 (Of Nuclear in area* of low 1ei1rnic potenliol or the too much uncer1ainty to make the lnGldentJ." September, 1117S, alternative of developing* site apeclflc estimate useful for design purposes.
*Sllcll u Ai,.l'lftl1ffll *nd i,.rkln*. uses.~ 1 F/Je R~port ~ --no. 2A ..A Prooablll,tJc &Utut I deaign earthquake by the very U1orough Therefore, the probable maximum Oood, orMulffilllll Aoc.lmtlon In Rock In tht Contli,i 1111 lnve,Ugatlon required by Appendix A of for example, is estimated u,ing Uniltd S1*111o" Part 100 I* con,ldcred nocouary and dotenniniatic hydrologic models whrch STATUTORY ADD 124
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 174 of 245 7469B Federal Register / Vol. 45, No. 220 / Wednesday, November 12, 1980 / Rules and Regulations utilize meteorological input lhat Criticality has been a ~ubjecl of study individual's proficiency to opcrulo upproaches the upper limit possible for and experiment in the nuclear industry equipment is considered odequntc. that location, takirig into account and has received .much attention among 32, Definition of tho term ex.isling climate and time of year. nuclear engineers. The technology used "Independent*: The i:neaning of tho term
- 25. Prequolificotion of Reactor Sites in evaluating a giyen desig~ for "Independent" as used in Pert 72 when
- and Their Population Distribulions. cri6cality potential is now highly
- applied to an ISFSI that ls localed on tho Some COJlU?lenters recommended that developed with sophisticated computer site of another licensed facility, wns thu reactor sites be prequalified with no site codes. These codes have been bench- subject of n number of comments und speo!flc investigatfons :rtiquired for an marked'by actual measurements in considerable staff diGcussion.
at-reactor siting of an ISFSI. While a site various kinds of lattices and An ISFSI may be o free-standing,
!hat has undei:gone a full safety and configurations of critical arrays or fuel eway-trom-reactor, fully independent environmental review and has been elements. Because spent fuel storage type of facility or it may be located on approved for a Part 50:facility is likely to
- racks are designed with a la.rge safely the site of an existing facility such us o be found acceptable for a properly factor to prevent criticality, the nuoleer power plant. Such o location designed ISFSI, the pre-qualificatJon of possibility of a significant criticality in ., could have the economic benefit of sites licensed under Part SO without ISFSr is very remote, sharing some utilities, services ond review in relation to the proposed 29.'Application of ALARA to personnel behveen the ISFSI nod an design of the ISFSI does not seem Occupaliondl Exposures. Some e>dsting facility on the site.
prudent. Information on a specl.6c site commenters objected to the application Tbe rule is applicable lo either typo or that has been submitted to the NRC in of the AI.ARA principle lo the design of location and an JSFS[ muy be provided connection with othei: licensing actions a facility a,s this might affect with services from an existing facility need not be repeated in a Part 72 license occupational exposures. These and still be considered "Independent." application. It can be incorporated by objections were based on two points: The use of services from on cxisllng speclfi'c references .to previous (l)'The thought that AI.ARA applied facility Ci: e,, electricity, makeup wotor, submissions. .only to public health and safety, and waste treatment, etc.) is ellowoblo (2) Occupational exposures are provided the Commission finds thoro Is 26, Tronsporiatior;i ConsideraUons. A number of commenters considered that controlled by administrative procedures. reasonable ussuroncc that the the lransportal.ion involved 1n spent fuel In response, the ALARA concept does construction and opei*ation or tho ISFSI apply to occupational health protection will provide adequate protection to lho shipments lo an ISFSJ could be an health and safety of the public from tho important consideration in an as specified in '10 CFR Section 20.1(c). standpoint of both facilities Involved, evaluaUon of site suitabllity. This might
- Furthermore, although it is recognized Any physical conm;*clion be two en be pa.rlioularly true of a large that occupational exposures can be
- facilities must be evaluotcd, bul any installation. The Commis:iion agrees and controlled to some extent by penetration of the reactor storage pool a new § 12.70 has been added to the rule administrative procedures, design walls will be considered concluslvo lo specifically address this point. provisions such as adequate shielding of showing that the ISFSI is anot
- 27. Missile Protectlon. Part 72 requires sources and proper eqwpment layout to "independent." and hence is not within protection from natural phenomena with *minimize exposures are also important the scope of Part n mad should bo the exception of tornado missiles. factors in k_eeping occupational covered by licensing clion undor Porl Tornado missile protection at reactors is exposures to a minimum. It.is often 50. .
of concern because rupture of recently impossible to fully compensate for a 33. licensiJ1g Aotior.s lnvolvi11p. discharged fuel al a reactor could cause poor design uslog administrative Previously Licensed Facilities. Th ore the potential release of volatile shotl- procedures. Al.ARA (and its are now in existence lhree foelllllos for lived radlonuclldes, particularly n11. predecessor Al.AP) bas been a sptmt fuel storage that hove boon Since the quantity of m1 present in aged comerstone ofradiatlon protection for subfect lo previous ll1r-1nslng ocllons.
- fuel at an ISFSI ls reduced a factor of many years and lt has always been These are:
10 ~ due to radJoeclive decay in the first copsidered lo apply to all types of G.E.-Monis. llJ.-built undor o Port year after discharge, the potential risk exposure, occupational end public. 60 Construction Permit nulhorlzotlun r.w from the rupture of aged fuel is orders of 30. Broadened Applicobilily of a reprocessinl; plant: spent fuel sloraco. masnitude lower for an m1 release. The Quality Assurance Program. Some now licensed under Part 70; radionuclides which could polenOally be coromenters look objection to what they NFS-West Valley-now licen1ll!d released as a Timilt of a tornado missile interpreted as a broadening of the QA under Part 50; event are long-lived ~Kr and 1291. program, e.g., coverage of operations ACNS-Bomwoll, S C.-built under o However, an accident evaluation In and the physical security system. It is Part 50 Construction P-,rmit NUREG--0576, 6 Section 4.2.3.2, using the Commission's view that a Hoensee's authorization as a reprocessing plunt: conaorvatlvc assumptions demonstrates QA program must cover not only design but no operatlnr; license i,;suod. thnt the consequences from the release and construction, but all activities that In the event of an oppllcnlion for ,u: of the nuclldes attr-ibutable to a tornado are important lo safely throughout the or one of the above facilities as on missile would not be significant. Hence,
- life of a facility. . ISFSI, a license would be issued If tho a requirement for protection from 31. Certification versus Licensing of facility meets the requirements of Port tornado missiles does not appear lo be
- Operating Person.nel. The safely of an 72. Such licensing actions will require
~Ufi~
- ISFSlis achieved by static means, th~ preparation of on onvlronmcntol
- 28. Criticality. A number of primarily its configuration. Its safety is impact statement or opproisol under commenters expressed concern over the not dependent on dynamic reactions to conforming amendments of Port 51. Jn prosp'ect ~fa criticality in an ISFSI.
- the manipulation -of controls like a . this regard see § 51.5(a)(10) for Issuance reactor. It is necessary that operating of an initial license-for storage of spent
- Final Gonoric £nvironmcntol Irnpoct Statement personnel be adequately trained but not fuel in an ISFSI at a site not occupied by on HondUns end Storage or Spent Ugbt Water necessarily licensed by the NRC. A a nuclear power reactor; § 51,5(b)(4) for .
Reactor Fuol, August 1979. . ,.
- certjficalion by the licensee of an . issuance of certain amendments to a
- STATUTORY ADD 125
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 175 of 245 Federal Register / Vol. 46. No. Z20 / Wednesday, November 12. 1980 / Rules and Regulations 74699 license for storage of spent fuel in an Sec. SUbpart H-Phylk:al Protection ISFSI; § 51.S(b)(5) for issuance of a 12.12 BUmlnaUon or Repetition. Sec. renewal license for storage of spent fue 72.13 Public lnlpection of application,. 72.81. Pby1lcal ucurity plan. Content, of 1ppllcaUon: General and in an ISFSI; and § 51.S{b)[9) for issuanc,! 72.14financl1I 72.82 Design for pby1lcal protection. information 72.83 Safesuanh cootiogmcy plan. of an initial lioense for storage of spent 72.1S Content, of application: Technical 72.84 Changes to physical ,ecurity and fuel in an ISFSI on the site of a nuclear lnfonnaUon. power reactor. These environmental **fesuanh contingency plans. 72.18 Content, or application: Technical impact assessments will include an Subj)ert I-Training And CettJflcatJon of 1peclllcaUon1. evaluation of feasible alternatives. 72.17 CoatenlJ of application: Appllcanlt'
'5FSIP*rsonntl However, since the site selection technical quliflcaU0111. 72..ln Operator requlrements.
process for an existing facility hes 72.18 Deoomml11lonin8 plan. Including 72.112 Operator training and certification financing. program. already been completed, no comparathe 72.93 Physical requlremeotJ. review of alternative sites will be 72.19 Bmers-ncy plan. required unless there is new informatio:t 72.20 Bnvlronmental report. Authority. The provisions of this Part 72 72..21 Requlred llcentlJll documenlt are lpued under the Atomic~ Act of which could alter the original site 1954, 11 ameudtd. aec:a, 51, S3 u amended. 57 SUbpart C-lacuanot and Condltlona ol evaluation findings. In practice. this lJoenaff 11 amended. ez. 83, 85, ee. 81 11 amended. means that alternative sites need not b 1 72.31 l11uance of liceiuts. 181b, h. I. o, 1SZI II amended. 183 as reviewed and that the existing facility 72.32 DunUon of llceDR; Renewal. amended. 184 11 amended. 186. 187, Pub. L would be rejected for siting 72.33 Uoen,e oondilion.t. 83-:-00, 88 Sl1L 929, ll30 11 amended by 71 considerations on1y if the site involved 72.34 Public hearina** Stal. S78. 72 SlaL e.32 and 711 StaL eoz. 932 as found to be unsuitable with respect to 72.35 Ch&Jl8ea, le11J, and experiment,. amended by 78 Stal. 005 and 88 StaL 475,933. either safety or environmental impact 72.38 Trenarer of Ucerue1. 1134, 935 as ameded by M StaL 475 and 92 considerations. 72.37 *Oeditor regulation,. a, Stat. 30311, 948. 953 amended by 70 StaL An application for renewal of the 72.38 Appllcationa for lennln1tion of 1069, 951 11 ame.nded by 78 StaL eoz. 955 (42 Uoenaea. u,s,c. 2071, 21173. 21117. 2092. 20Q3, ~ 2089, license for the G.E.-Morris facility 2111, 2201(b), (b), (i), (o). 2232. 2233, 2234, under 10 CPR Part 70 was received on 72.39 Application for amendment of licerue. 72.40 I1111ance of amendment. 2238. 2237); ue. 234, Pub. L 91-181, 83 StaL February 27, 1979 and has been under 72.41 Modification. revocation, and 444 (42 U.S.C. 2282); 1ec. 274c. as ameDded. review since that time. As 10 CFR Part 1u,pen1ioo of licen1t1. Pub. L 88-273, 73StaL68811 ameuded by 72 bes become effective prior to 72.42 Backfilling. Pub. L ~ . 112 StaL 3036 (42 U.S.C. completion of this licensing action, sue 1 SUbpert D-RIOOfds, R1ports, Inspections 202l(c)); under sec. 102{2){C] of the N1tiooal licensing action wilJ proceed pursuant o and Enforcement Environmental Policy Act of 1969, Pub. L 91-1110, 83 Stal. 853 (42 U.S.C. 4332) and under 10 CPR Part 72 which is specifically 72.50 Safety 1n1ly1i1 report updating. the Ene13Y Reorganization Act of1974, u designed to covenpent fuel storage in 72.S1 Material balance, inventory and amended. 1ec. 201, 11 amended. 202. and 206. an.ISFSI. This is expected to result in reoordJ requirements for atored Pub. L 93-438. 88 SlaL 1242. as amended by some procedural delays in the C.E.- m1terial1. e9 St1L 413, 1243, 1248 (42 U.S.C. 5841, 5842. Morris proceedings. 72.52 Report, or accidental criticality or lo.a 5&48). Pursuant to the Atomic Energy Act 0£ of special nuclear material. Subpart A-General Provisions 1954. as amended, the Energy 72.53 Material 1tatua report,. Reorganization Act of 1974. as amended, 72.54 Nuclear material tran1rer reporlJ. f 72.1 PurpoM. and sections 552 and 553 of title 5 of the 72.55 Other records end report,. 72.58 lnlpecUona and tu11. The regulaUooa in this part establish United States Code, the following new requirements, procedW"es, and criteria 72.57 Violation. Part 72 and related conforming for the laauance or licenses to possess amendments of Parts 51, 70, 73 and l SC Subpart E--SIUng Ev1luallon Fectors power reactor spent fuel and other to Chapter I of Title 10, of the Code of 72.81 General Contiderationa. radioactive materials associated with Federal Regulations are P,Ublished as f 72.82 Deiln b-i* external natural event, 1pcnt fuel ,!orage, in 11D independent document subject to codification. .72..M De1ign ba1i1 exlemal man-induced apent fuel storage installation (lSFSI)*
- 1. A new 10 CFR Part 72 Is added to event,. and the terms and conditions under read as follows: 72.M Identifying region, around ID ISFSI 1lte.
which the Commi.asion will issue such PART 72-LICENSING 72..85 Defining potential elfectJ or the ISFSJ licelUCI, REQUIREMENTS FOR THE STORAGI: on the region. 72.08 Geological and Sellmologlcal f72.2 ~ - OF SPENT FUEL IN AN INDEPENDENT (a) IJcenaea Issued under this Part are SPENT FUEL STORAGE chuacteri1Uc,. 72.ffl Criteria for radioactive meleriau In limited to the poaseasion of power INSTALLATION (ISFSI) effiuenlJ and direct radlaUon from 111 reactor spent fuel to be stored in a Subpart A-General Provision* JSPSJ. complex that la designed and 72.88 Controlltd area or an ISFSI. constructed specifically for the Sec. 72.ell lSPSI emergency planning zone. temporary storage of power reactor 72.l Purpose. 72.70 Spent fuel lra.nlportaUon. 72.2 Scope. apenl fuel aged for at lea.I one year, and 72.3 Definitions. Subpert F-Gentral Dt&Jgn Criteria to the po11e11ion of other radioactive 72.4 Communication,.
- 72.71 General oonalderaUona. materials uaociated with spent fuel 72.S Interpretationt. ' 72.72 Ovtr&ll rtqulremeolJ. alorage.
72.6 Ucellle requlred: typea of Uoen1e1. 72.73 Criteria for oucl11r criticality u!ety. (b) The regulations in this part apply 72.7 Speciftc exemptio111. 72.74 Criteria for radlologJcal protecUon. to all pel'lon1 In tlle United States, 72.8 Denial of Uoe111lng by qreement ,ta ea. 72.75 Criterf1 for 1pend fuel and radloacUve Including pel'lona in Agreement Stales. w11te 1torage and handlill8, Subpert B-Ucenae Appllcatlon, Form,* Id 72.78 Criteria for decommlulonlng. (c) The requirements of this regulation Contents are applicable, as appropriate, to both 72.11 PUing of appllcaUon.1 for 1peclflc Subpart G-Oolltty ANuranoe wet and dry modes or storage of spent llcene111; oath or alfumaUon. 72..80 Quality IIIW'IDCI program; reoord,, fuel. STATUTORY ADD 126
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 176 of 245 74700 Federal Register / Vol *45, No. 220 / Wednesday, November 12, 1980 / Rules and Regulations (d) Licenses covering the storage of the specific velues or ranges of values fo) "NEPA" means the Notional spent fuel in an eKistlng spent fuel chosen fgr controlling parameters as Envlronmental Policy Act or 1960 sto;age facility shall be issued in reference bounds for design. These including any amendments thereto. accordance with the requirements of values may be restraints derived from (p) "Person" means (1) any indMdual. this pert as stated in § 72.81. gene~ally accepted "slate-of-the-art" corporation, partnership, firm, practices £or achieving functional goals association, trust, eetoto, public or § 72,3 Det1nlUon11. , or requirements derived from analysis private insUlutlon, group, Govemmonl As used in this part: fa) "Act" means (based on calculation or experiments) of agency other than tho Nuclear the Atomic Energy Act of 1954 (68 Stat. the effects of a postulated event under Regulatory Commission or tho 919) Including any amendments thereto. which a structure, system, or-component Department of Energy (DOE), except (o) "As low as is reasonably must meet.its functlon11l goals. The that the DOE sholJ bo considered o achievable" (AI.ARA) means as low-as values for controlling parameters for person within the meaning of tho , ls reasonably achievable taking info external events include: (1) estimates of regulations In this part to tho extent lhut account lbe state of technology, and the seve.re natural events to be used for its facilities end actlvJUes are subject to economics of improvements in relation deriving design bases that will be based the licensing and roJoted regulatory to {1) benefits to the public health and on consideration of historical data on authority pf the Commission pursuant lo sarety, (2) other societal and the associated parameters, ,Physical Section 202 of the Energy socioeconomic considerations, and (3) data, tir analysis of upper limits of the Reorganization Act or 1974 (88 Slot. the utilization or atomic energy In the physical processes involved and (2) 1244}; (2) any State; any pollllcol public interest. estimates of severe external man- subdivision of o stale, or ony politico.I (c) Atomic energy" me11its all forms induced events lo be used for derivmg entity within. a State, (3) any foreign of energy released in the course of design bases that will be based on government or nation, or any political nuclear fusion or nuclear analysis of human activity in the region subdivision of any such government or
- transformation. takIJig Into account the site nation. or other enllly: 1111d (4) any logo I (d) "Byproduct material" means any cbaracteristics and the risks associated successOt', representative, agent, or radioactive material {except special , With the event.
- agency of the foregoing,
- nuclear material) yielded in, or made (j) "Design capacily"lileans the * (q) "Population" moons the peoplo radioactive by exposure to, the rac]jaUon quantity in metric tons of SJ?enl fuel, its that may be affected by tho chongo In incident lo the process of producing or* m(OOD!um bu.mup in MWD/M.TU, and environmental condlUono duo lo the utilizing special nuclear material. tlie total heat generation in Btu per hour construction, operation, or (e) "Commission" means the Nuclear that an lSFSJ is designed to decommissioning of an ISFSI.
Regulatory Commission or its duly accommodate. . (r) "Regi.on" means the geogrnphlcul authorized representatives. * (k) "Floodplain" means the lowland area surrounding and l~ludlng tho ello, (0 "Commencement of construction" and relatively Oat areas adjoining inland which is large enough to contain (1) oil means any cleadng of land. excavation, and coastal waters including flood- the features related to o phenomenon or or other substantial action th'at would . prone areas of offshore islands. Areas lo a particular event that could adversely affect the natural environment subject to a one percent or greater potenllaUy impact the safety of the or a site, but does nof me1U1: chance of flood.ins in any g:iven year are ISFSl llJld (2} all ,meos11TI1blo affects of (1) Changes desirable £or the included. environmental impa-ct, both rodlologlcul temporary use of.the land for public (I) "Historical data" means a and nonradlological, that are due to tho recreational uses, necessary borings or compilation of the available published construction, oporallon or excavations lo detennine subsurface and unpublished information cbncerning decommissloning o! an ISFSI. rnelerials and foundation oondltions, or a particular type of event. (s) "Sito" means tho root properly on other preconsltuclion monitoring to (m) Independent spent fuel storage which the ISPSI is locnted. establish background infonnalion installation" (ISFSO means a ao1nplex (t) "Source material" means (1) related to the suitability of Ute slte or to designed and construoted for the storage uranium or thorium, or any combination tbe (ltotectlon of environmental values; of spent fuel end other radioactive thereof, in any physicol or chomlcal (2) Construction of enVironmental , motedols associated with spent fuel form or (2) ores that contain by woloht rnoniloring faoilllles; . storage. An ISFSI wbtoil Is located on one-twentieth of one porcenl (0.05%} or (3) Procurement of manufacture of the site of another facility mey share more of (i) uranium, (II) thorium, or (ill) components of tho lnstallaHom or common utilities and services with such any combination thoroof. Source (4) Construction of means of access to a facility and be physically connected material does not Include spoclol tho site as may be .necessary to
- with such other facility and still be nuclear material.
accomplish the objectives of sections (1) considered to be independenl,provided (u) "Specfol nuclear material" moons and (2} above, that such sharing of utilities and (1) plutonium, uranium 233, uranium (g) "Confinement systems" moans servjces or pl\ysical connections does enriched In the isotope 233 or ln tho those systems, including ventilation, not (I) lncrease the probability or isotope 2i35, and eny other material that act as barriers between areas consequences of an accidenl or wblolt the Comm.lasion, pursuant to the contolnlng radioactive substances and malfunction of components, structures provisions of section 5'1 of the Act, tho environment. or systems that are important to saJety; determines to be special nuclear (h) "Controlled an:a" means tbat area or (ii) ~educe the morgln of sofoty ai, moteriol, but does not include sourco tmmodiately surrounding an ISFSI for defined in the basis for any technical' materiel: or (2) ony material orllflclolly which tho licensee exercises authority specifications of either facility." enriched by any of the forogolng but ovor Its use and within which JSFSI (n) "ISFSl-eroergencyplanning zone does not include sourc11 moterlol. operations are performed. {ISFSt-EPZ) means that area in the (v) "Spent fuel ee uued ln this Part (I) "Design bases" means that vicinity of an ISFSI within which means Irradiated nucloor fuel that hue infonnatlon that identifies the specific protective acUon measures may be undergone at least one yettr'o deOCIY functions to be performed by a structure, needed in the event of on accident at an since being used as ~ sourco of enorsy In sys tom, or component of a facility ond lSFSI. o power reactor. Spent fuel Includes tho STATUTORY ADD 127
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 177 of 245 Fede1181 Register / Vol. 45, No. 2.20 / Wednesday, November 12. 1980 / Rule11 and Regulations 74701 special 11'1cieer )Jlaterial, byproduct § 72.7 Spedftc enmptloM. regulation, contained in Part 2 and Part material, source material. and other The CommJuion may, upon 9 of this chapter. radioactive materials associated with application by any intereated person or f 72.14 Contents of applkaUon: Genecal fuel assemblies. upon its own initiative, grant such and flnancilll lnformaUon. (w) "Strucblres, systems, and exemption, from the requirements of the Each application shall slate: components important lo safety" means regulation, in this Part aa It detennine1 (a) Full name or applicant those features of the ISFSI whose are authorised by law and will nol (b) Address of applicant: function is (1) lo maintain the conditions endanger We or property or the common (c) De,cription of business or required to store spent fuel safely, (2) to defense and security and are otherwise occupation of applicant: prevent damage to the spent fuel during in the public intere1t. (ti) If applicant i1: (1) an individual: handling and storage, or (3) to provide § 12., Denial of 11o9ns1ng by agrMmenl citizenship and age; reasonable assurance that spent fuel stat.N. (Z) a partnership: name, citizenship, can be received, handled. stored and Agreement Slate, may not illue and address of each partner and the retrieved without undue risk to the licenses covering the storage of ,pent principal location at which the health aM safety of the public. fuel in an ISFSI. partnership does business; (x) "Temporary storage" means the (3) a corporation or an unincorporated interim storage, protection, and SUbpart B-Uoense Appllcatlon, Form, association: safeguarding of spent fuel and Contents (i) the State in which it is incorporated radioactive materials associated with spent fuel storage. for a limited time 7 11 F1tng 01 appllcatk)ns t o r ~
§ 2. or organized and the principal location only, pending its ultimate disposal. lloenNS; oelh or afflnnatlon. at which it does business; and (ii) the namu, addresses, and (a) Place 0 1filing. Each application for
§ 72.4 Communications. citizenship o( its directors and principal a license, or amendment thereof, under Except where otherwise specified, all thi1 Part should be filed with the officers; or communications and reports concerning Director. Division of Fuel Cycle and (4) acting as an agent or the regulations in Ibis Part and Material Safety, Office of Nuclear representative of another person in filing applications filed under them should be Material Safety and Safeguards, U.S. the application: the identification of the addresed to The Nuclear Regulatory Nuclear Regulatory Commiuion. principal and the information required Com.mi86ion, Office of Nuclear Materials ....16 on, D.c. 20555. W a,"'-ftl underh thi paragraph l with respect lo Safety and Safeguards. Division of Fuel Applicalion1, communications. reports sue principa
- Cycle and Material Safety, Washington. and oorre1pondenoe may al,o be (e) Information sufficient to O.C. 20555. Communications, reports, delivered in person at the Commision*, demonstrate to the Commission the and applications may be delivered in offices at 7915 Eaatem Avenue, Silver financial qualifications or the applicant person at the Commission's Offices at Spring. Maryland, or at 1n1 H Street, to carry out, in accordance with the 7915 Eastern Avenue, Silver Spring, NW., Waahlngton, D.C. regulations in this chapter, the activities Maryland, or at 1717 H Street, N.W .. (b) Oath or crtfirmotion. Ellch for which the license is sought This Washington, O.C. application for a license or license infonnalion shall state the place at amendment {Including amendments to which the activity is to be performed,
§ 72.5 Interpretations. such applications) shall be executed in the general plan for carrying out the Except as specifically authorized by an original aig:ned by the applicant or activity, and the period of time for the Commission in writing, no duly authorlud officer thereof under which the license is requested. The interpretation of the meaning of the oath or affirmation. information shall show that the regulations in thi.s part by an officer or (c) Num~rof copies of applications. applicant either possesses the necessary employee of the Commisalon, other than Each filing of an application for 1i1 funds. or that the applicant has a written interpretation oy the General licenae or license amendment under this reasonable assurance of obtaining the Counsel, will be recognized to be Part (including amendment to such necessary funds; or that by a binding upon the Commission. applications) shall include, in addilion combination or the two, the applicant § 72.6 Ucense requlnM:I; types of llcenuc. to the signed originals, the documents will have the necessary funds a\*ailable listed in I 72.zt. to co\*er the following: (a) I.Jcenses for spent fuel are of two (d) F~** The application, amendment, (1) Estimated construction costs; types: general and specific. Any general and renewal fees applicable lo a license (2) Estimated operating costs over the license provided in th.is part is effective coverl113 the storage of 1pent fuel in an plaMed life of the JSFSl comp le."<; and without the filing of applications wilh ISFSI are tho1e shown In I li0.31 of this (3) Eslimaled shutdown and the Commission or the issuance of licensing documents lo particular chapter. decommissioning cosls, and the necessary financial arrangements to persons. Specific licenses are Issued to named persons upon applications filed
§ 72. ° 12 E.llmlnatlon 1 ,-.p4ttltlon.
- pro\*ide reasonable assurance prior to In an~* applic111ion under this par!, thl' licensing that shutdown, pursuant to the regulations in this part. applicant may incorporate by reference decontamination. and decommissioning (b) A general license is hereby issued infonnation contained in previou, will be carried out after the removal of to receive title to and own spent fuel applications, statements. or reports filed spent fuel from storage.
\\;!bout regard to quantity. with the Commisaion: Proi*ided, that (c) No person may acquire, receive, or such referenoes are clear and apecific. § 72.15 ContW1ta of applcation: Technical possess spent fuel or radioactive lnlomaUon. material associated with spent fuel for § 72.13 Pubic ln..,.ctlon of applications. (o) Each application for a license the purpose of storage in an independent Applications and documents under this part shall include a Safety spent fuel storage installation except as submitted to the Commission in Analysis Report describing the proposed authorued in a specific license iaaued connection with application may be lSFSl for the storage of spent fuel, by the Commission in accordance with made available for public inspection in including how the ISFSI will be the regulations in th.is part. accordance ~th provi lons of the operated. The minimum information to STATUTORY ADD 128
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 178 of 245
. 74702 Federal Register / Vol. 45, No. 220 / Wednesday, November-12. 1980 / Rules and Regulations be included in this report sh~ll consist of will be probable license conditions and . accidents or natural phenomena events the following: .' technical specifications. Such subjects that result in the release of radioactive (1) A description and safety shell cover the design, construction, material to the environment or direct assessment of the site on which the operation, and decommissioning of the. radiation from the JSFSI, The JSFSI is to be located, with appropriate JSFSI. calculations of Individual dose or doso attention to the design bases for (8) A plan for the conduct of commitment shall bo performed for external events. Such assessment shall operations, inclu.ding the planned direct exposure, inbnlation, and contain an analysis and evaluation of managerial and administrative controls ingestion occurring as a result of tho the major structures, systems, and . system, and the applicant's postulated design basis event.
components of the JSFSI that bear on the organization, end program fo~ training of (14) A description of the quality suitability of the site when the ISFSI is personnel pursuant to Subpart I of this assurance program to be applied to tho operated at its design capacity. H the. ParL
- proposed JSFSI is lo be located on the (9) H the proposed ISFSI incorporates design, fabrication, constructlon, testing,
.site of a nuclear power plant or other structures, systems, or components and operation of the structures, systems, licensed facility, the potential important to safety whose functional . and components of the ISFSI Important Interactions between the ISFSI and such . adequacy or reliability have not been to safety, as required by § 72.80. Tho other facility shall be evaluated. demonstrated by prior use for that description of the quality assuronco (2) A description and discussion of the pwpose or cannot be demonstrated by program shall Identify structures, JSFSI structures with spe_c lal attention to reference to performance data in related systems and components important to design and operating characteristics, applications or to widely accepted safety and shall show how the criteria ln 11J1usual or novel design features, and engineering principles=-an identification Appendix B to Part 50 of this chapter principal safety considerations. of such structures, systems, or will be applied to those safety-relatod (3) The design of the ISFSI in components along with a schedule components, systemo, and structures in sufficient detail to support the findipgs showing h9w such safety questions will a manner consistent with lholr fu § 72.31, including: be resolved prior to the initial receipt of importance to safety.
(I) The design criteria for the lSFSI
- spent fuel for s.torage at the ISFSI. (15) A description !or the dotallod pursuant to Subpart F of this Part, with (10) The teclµtical qualifications of the security measures for physical ldenlificallon and justification for any applicant to engage in the proposed protection, including design features and addillons to or departures from the- activities, as required by § 72.17 of this the plans required ~y Subpart H of thls general design criteria;* Part. Part.
(ii) The design bases and the relation (11) A description of the applicant's of the design bases to the design criteria; plans for coping with emergencies, as (16) A description of the program (ill) Information relative to materials required by § 72.19 of this part. covering preoperational testing and of construction, general arrangement. (12) A description o( the equipment to initial operations. dimensions or principal structures, and be installed to maintain control over (17) A description of tho descriptions of all structures, systems, radioactive materials in gaseous and
- decommissioning plan required imdor and components important to safety, in liquid effluents produced during normal § 72.18 of this Part.
sufficient detail to support a finding that operations and expected operational
§ 72.16 Contents of 1ppllc1tlon: Tochnlcal the ISFSI will satisfy the design bases occurrences. The description shall specifications.
with an adequate margin for safety; and identify the design objectives and the (Iv) Applicable codes and standards. means to be used for keeping levels of Each application under this Part shall (4) An analysis end evaluation of the radioactive material in effluents to the include proposed technical
.design and performance of structures, environment as low as is reasonably specifications in accordance with tho systems, and components important to achievable end within the exposure requirements of§ 72.33 and a summary safety, with the objective of assessing limits stated in § 72.67 of this part. The statement of the bases and justifications the impact on.public health and satety . description shall include: for these technical specifications, resulting from operation of the ISFSI and (i) An estimate of the quantity of each Including determination of: of the principal radionuclides expected § 72.17 Contents of application:
(i) the margins of spfety during normal to be released annually to the Applicant's t echnical qualifications. operations and expected operational environment in liquid and gaseous Each application under this Part shall occurrences 9uring the Jife-0f the ISFSI; effluents produced during normal ISFSI include: (a) The technical quallflcatlone, and
- operations; and'prior to the first receipt including tra!JJlng and experience, of tho (U) the adequacy of structures, of spent fuel, a second estimate applicant to engage In the proposed systems, and components provided for confirmlng the original estimate or, if the activities.
the prevention of accidents end the expec!ed releases and exposures are (b) A description of tho persoMol mitigation of the consequences of significantly different from the original training program required under Subpart accidents,' Including natural and man- estimate;
- I of this P!lft.
made phenomena and events. (ii) A description of the equipment (5) The means for controlling and and processes used in radioactive waste (c) A descripllon or the applicants' limiting occupational radiation systems; and . operating organization, delegations of exposures within the limits gjven in Part (iii) A general description of the responsibility and authority, and tho 20 of thls chapter, and for meeting the provisions for packaging, storage, and minimum skills and experlonco objective of exposures as low as is cl.Jsposal of solid wastes containing qualifications relevant to tho various reasonably achievable,
- radioactive Jnaterials resulting from levels of responsibility and outhorlty, (6) The features of ISFSJ design and treatment of gaseous and liquid efflue.nts (d) A commitment by the applicant lo operating modes to maintain low waste and from other sources. have and maintain an adoquato volumes. (13) Ait analysis of the potential dose complement of trained and cortinod (7) An Jdentlfication and Justification or do11e commitment to an individual plant personnel prior to the retolpt of
. for the selection of those subjects that outside the controlled area trom spent fuel for storage.
- STATUTORY ADD 129
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 179 of 245 Federal Register / Vol. 45, No. 220 /. Wednesday, November 12, 1980 / Rules and Regulations 74703
§ 12.18 . Decommissioning plan, Including public and (ii) such aclMties will be flnancln,g. * ,
- conducted in compUance with the (a) ~ach applica~on IJ!lde~ this P.11.fl 25- applicable .regulations of this Chapter.
shall in.elude a proposed . , and decommissionlno plan that contains ' ~ 5.tom:Ucd wJJ\ rc:n::u c;,sf'".co!!on. (14} The issuance of the license "-ill
"-O sufficient infoaoation oo proposed . .
- PITJsC3l p:v:cdc:'I F'.lm **:i to * ~ 5orn ~ not be inimical to the common defense practices and procedures for the * :* ' ctz~ i,y 1110 N!!C. and security. .
decontamination of the site and * (b) Grounds for denial for a license to facilities and for disposal of residual Subpart C-lssuance and Conditions slore spent fuel in the proposed ISFSl radioactive materials llfter all spent fuel of .Uce,ises may be commencement of construction ' has been removed, in order 10* provide prior to a conclusion or finding by the
§ 72.31 J~suance of llcenses.
reasonable *assurance that \he
- Director or the Office of Nuclear decoolamination and decommissioning (a) Ex,cept as provided in paragraph (c) of this secUon, the Commissron will Materials Safety and Safeguards or his
. of the ISFSI at the end oiits useful life deslgnce or after a public bearing. the will'provide adequate protection lei th~ issue a license under this Part upon o. *health and safety of the public. This determinatloil that lhe appllcotion for 11 Presiding Office. Atomic Safety and p1an shall identify end discuss those license meets the standards and ' Ucensing Board, or the Commission.
design features of the ISFSI that requirements of lh.i: Act nnd the actins as a collegial body, as facilitate its decontamination and-
- regulaUons of the Commission, o.nd upon appropriate, on the basis or information decommissioning at the end of its useful finding tho t: , fiJed and evaJualioos made pursuant lo life. - (1) The applicant's proposed ISFSI Part S1 of this chapter. and after design complies with Subpart For thJe weigblng lhe environmental, economic.
(b) The decommissioning plan shall
- part; include-ihe financial 3lTangements*made technlcal and olher benefits against
{2) The proposed slla compiles with eov!roamental costs and considering by the applicant to provide reasonable the criteria in Subpart E o~ \his Parl; assurance that the planDed nvailoble altemaUves, that the action. {3) If on the sile of a nuclear powor called for is the issuance of the , decontamination and decommissioning plant Dr other licensed actJvlly or of ilie lSFSJ wm be carried out. facility, the proposed ISFSI would not proposed license with any appropriate
. conditions to protect environmealal § 72.19 Emergency plan. *"'
pose an undue risk lo the safe operation values. of such nuclear power phmt or olhcr An appllc?,tion to store spent fuel in licensed activity or facmty; ~ (c) For facilities that have bee11 an lSFSI shall include plans for coping (4) The applicant ls qualified by covered under previous licensing actions with emergencies. These plans shall reason of training and experience io including the issuance of a Construction contain the elements that are listed lo conduct the operation covered by the Pennit under Part 50 of this chapter, a Section IV, "Content of Emergency regulations in this Part;
- reevaluation of the site is not required Plans," of Appendix B to Part 50 of this (5) The applicant's proposed operollng except where new information is chapter. * .. procedures to protect-health and to discovered which could aller the minirniz.e danger lo life or properly are original site evaluation findings. In this
§ 72.20 Environmental !!!Port.
- adequate; use, the site evaluation factors Each application for a license under (6) Tbe applicnnt Is llnanclaUy involved will be reevaluated.
this part sh!ill be accompanied by an qualified to ensage in tho ptoposed
- Enmonmental Report which meel.$ the. activities in aC<:Ordonce with lbe $ 72.."32 Dur:JUon ol ll~nse; renewal requirements of Part 51 of this chapter.
§ 12.21 Re.qufred llcenslng documents.
regulations ln tWs Part; (7) The oppllcont'a quality ossura.ncc
. (a) Each licc.nse issued under thls Part shall be for a weed period of time to be
~ ~ ;i=
- - - - - - - - - - - - - - provisions comply with Subpart Hor 72.14--'- U - ~ l l o t l - 25 3 plan complies wllh Subpart G of lhi8 Part;
{6) The. op_pllcnnl's pbyslcol protection this Part: specified in lhe license but no! to exceed 20 years f.rom the dote of issuance. Ucenses may be renewed by the Commission at the e.-q,ir3lion of that n.15 _ _ s..loty1-.'l-s's 10 period upon application or the licensee. R<,:,ot1*. - - (9) The applicant's personnel lrllining (b} AppUcnlions for renewal or a 72.18-- *D t c o ~ u _. __ program complies with Subp11rtl of this Plan. Part: license should be Died in accordance . 72-111-- ene,g,nq, Pl-l'I * -- 72.2() _ _ En'<tonmenial Rc;,ort * - ,: :==- {10) The applicant's decommissioning with the applicable provisions of 72.lS{b)- Report ol lSFSI u 3 plan and ils financing pursuant to Subpmt B of this Part al least two years Dosl;nAnd
§ 72,18 of this Part provide rcusonoble prior to the expiration of the ~ling Procodurol: anngcs.
72.35{b)-- Aj)p(ica!n>n IOl 25 3 assurance that the decontnmlnnUon ond license. Information contained in Trv,s!er al Umua decommissioning of !he JSFSI at the end previous applications, statements, or 72..38_ _ .Ap;C!:a~ f<>! 25 3 Tcrmmtion OI o£its useful life wilt provide adequate reports !lied with the Commission under Ucenso. protection to the health and safety of the the license *may be incorporated by 72.39 _ . _ Amendmont to Utense. 25 3 public; reference: Proi'ided, that such references 25 _ _
.72.80-- OUofilyA$Swance (11) The applicant's emergency pl:in are clear and specific.
Program*. 72.81 _ ._ _ Physfc:,l Soc:uri!Y. 10 complies with,§ 72.19 of this Po.rt: (c) In any case.in which a licensee,
. Plan**. * -- (12) The applicable provisions of Part not less than 2 yea.rs prior to expiration 72.82 _ . _ ~gn ror Ph)"S!C31
'"I( 10 - - 170 of this cha'pter have been sot.lsfied: of his existing license, bas filed an Prcitcellon* *.
72.83 _...:_ 5afoguard$ . 10 _ _ _ (13) There is reasonable assuranci: application in proper form for renewal . Contingency Plan* *. - that (i) the activities authorized by the of a license, such existing license shall 72.84 - - Changes to Ph)'S!:al
- 10
*. Socurilyand
-- license can be conducted without not expire until a .final decision endangering lb~ health and safety of the concerning the application for renewal
** * , Con~Plans.
- has been made by the Commission.
STATUTORY ADD 130
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 180 of 245 74704 Federai Register / Vol. 45. No. 220 / Wednesday, November 12, 1980 / Rules and Regulations
§ 72.33 License condlUons. uncontrolled release of radioactive dose commitment to the public resulting (a) Each license iissued under this part materials. (ii) Monitoring instruments from effluent releaces. On tho bosls of shall include license conditions. The and limiting control.settings for an ISFSI such reports and any additional.
license conditions may be derived from are those related-to fuel handling and information the Commission mny obtain the analyses and evaluations included storage conditions.having significant from the licensee or others, tho in the safety analysis report and safety functions. . Commission may from tlme to IEmo amendments thereto .submitted pursuant {2) LimiUng conditions. Limiting require the licensee to take such action to § 72.15 of this pa:rt. License conditions conditions are tlie lowest functional as the Commission deems opproprlato, pertain to design, construction and capability or performance levels *of (e) The licensee shall make no chango operation. The Commission may also equipment required for safe operation. that would decrease tbe effectlvonoss of include such additional license (3) Surveillance requirements. the physical security plan prepared conditions as*it finds appropriate. Surveillance requirements include: (i) pursuant to § 72.61 of this Part wtlhout (b) Every license issued under this inspections of spent fuel in ,torage and the prior approval of tho Comm.fission, A Part shall be subject to the following monitoring; (ii) inspection, test and licensee desiring to moke such a chongo conditions, even if they are not calibration activities to ensure that the shall submit an application for on explicitly stated therein:
- necessary integrity of required systems, amendment to the license pursunnt lo
{1) Neither the license nor any right components and the spent fuel in § 72.39 of thJs Part. A licensee may muko thereunder shall be transferred. storage is maintained: (ill) confirmalion changes to the physical security plan assigned, or disposed of in any manner, that operation of the ISFSI is within the without prior Commission approval, either voluntarily or involuntarily, required functional and operating limits: provided that such changes do not directly or indirectly, through transfer of and (iv) a conflll'Il1ation that the limiting decrease the effectiveness of tho pion, control of the license to any person, conditions required for safe storage are The licensee shall furnish to tho unless the Commission shall, after met. * . Commission a report contoinlng a securing full infonnation, find that the (4) Design features. Design features description of each change within two transfer is in accordance with the include items that would have a months after the chunge le made, and provisions of the Atomic Energy Act and significant effect on safety if altered or shall meintainrecords of changes to tho give its consent in writing.
- modified, such as materials of plan made without prior Commission (2) The license shall be subject to construction and.geometric - approval for a period of two years from revocation, suspension, modification, or arrangements. the date of the change.
amendment in accordance with the (5) Administrative controls. (f) A licensee shall follow and procedures provided by the Atomic Administrative controls include the maintain In effect an emergency plan Energy Act and Commission regulations. organization and management that is approved by the Commls1Slort, (3) Upon request of the Commission, procedures, recordkeeping, review and The licensee may make changes to tho the licensee shell, at any time before audit. and reporting necessary to assure approved plan without Commission expiration of the license, submit written that the' operations involved in the
- approval only if such changes do not .
statements, signed under oath or storage of spent fuel in an ISFSI are decrease the effectiveness of tho plan, affirmation, to enable the Commission to performed in a safe manner. and if the plan, as changed, cont!nuos to determine whether or not the license (d) Each liceme authorizing the contain the elemenlo of Section IV of should be modified, suspended, or storage of spent fuels under this Part Appendix E of10 CFR Part 60. Within revoked. shall include technical specifications six months after any such change Is (4) Prior to the receipt of spent fuel for that,"in addition to stating the limits: on made, the licensee shall submit o roporl storage at an ISFSI, the licensee shall the release of radioactive materials for containing a description of any chongos hav(! in effect an NRG-approved compliance with limits of Part 20 of this made in the plan to the approprl!oto NRC program covering the training and chapter and the "as low es is reasonably regional offi:ce specified In Appendix D certification ofISFSI personnel that , achievable objectives" for effluents, to Part 20 of this chapter with a copy to meets the requirements of Subpart I of require that: the Director, Office of Nuclear Ma torial this Part. {1) Operating procedures for control of Se(ely and S"i1feguards. Proposed (5) The licensee shall permif the
- effluents be established and followed, changes that decrease the offecUvonosd operation of the safety-related and equip~ent in the radioactive wa~_te of the approved emergency pion shall equipment and controls of the ISFSI only treatment systems be maintained and not be Implemented unloss tho llceneoo by personnel whom the licensee bas used, to meet the requirements of § '72.67 bas received prior approval of such certified as being adequately trained to of this Part: changes from the Commission.
perform such operations, or by . {2) An environmental monitoring uncertified personnel who are under the program be established to ensure § 72.34 Public hearings. direct visual supervision of a certified compliance with the technical (a) In connection with each Individual. specifications for effluents; and application for a license or on (c) Technical specifications submitted * (3) An annual report be submitted to amendment to a license under this Port, pursuant to§ 72,16 of this Part-shall the appropriate regional office specified the Commission shall issuo or couso lo include requiremen'ls in the following in Appendix D of Part 20 o(this Chapter, be Issued a notlce of hearing In categories: with a copy to the Director, Office of accordance with § 2.104, or a no,tfce of (1) Functional and operating limits Nuc.lear Material Safety and Safeguards, proposed action in accordonco wlth and monitoring instruments and limiting within 60 days after January 1 of each § 2.105, of.this chapter, as oppro_prloto. control settings. (I) Functional and* year, specifying the quantity of each of Except os provided in paragraph (b) of operating limits for an ISFSI ere limits the principal radlonuclides released! to this section, a hearing may not bo hold on fuel handling and sto,rage conditions the environment In liquid and in gaseous until after 30 days' notice and that are found to be necessary to protect effluents during the previous lZ months publication onco in the Fodorol Rogletor. the Integrity of the stored fuel, to protect
- of ope.ration and such other information (b) In the absence of a request for employees against occupational as may be required by the Commission bearing by any person \,\'hose lntorost exposures and to guard against the to estimate maximum potential radiation may be affected, tho Commission may STATUTORY ADD 131
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 181 of 245 Fecl~ral Register / Vol. 45. No. Z20 / Wednesday, No\'ember 12. 1980 / Rules and Regulations 74705 issue a license or an amendment to a with a copy to the Director, Office of (1) That the proposed transferee is license without a hearing upon 30 days* Nuclear Material and Safeguards, a qualified to be the holdar of the license: notice and publication once in the report containing a brief descriplion of and Federal Register of its intent to do so. such change!, tests. and e,periments. (:!} That transfer 0£ the license is The Com.mission may dispense with including a summary of the safe!)' con~islcnl with applicable pro\isions of such 30 days' notice and publication e\'aluation of each. An:r report th e law, and the regulations and orders with respect to an application for an submilled b}* a licensee pursuant lo this issued by the Commission pursuant amendment to a license i.s sued under parc1graph will be made a part of the- thereto. this Part upon a determination by the public record pertaining to this license. Commission that lhe amendment does § 72.37 CreditOC" regulations. (c) The holder of a license- issued not involve a significant hazards (aJ Pursuant to section 18-l of tbe Ac t under this Part who desire (1) to .:hang consideration or an unreviewed safet_\ the Commission consents. \'oithout the license cond111or.s, {:!) to change lhC' question. intlh*idual application, to lhe creation of ISFSI or the procedures dc~cnbed in the-any mortgage. pledge, or other lien on
§ 72.35 Changes, teats and experiments. Safety AnalySJs Report. or (3) to conducl special nuclear material contained in (a)(l) The bolder of a license issued tests or expenmenls not dl*scribcd in th spent fuel not owned by the United under this Part may, without prior S<1fe1y Anahsis Report thJt im*oh'e an States that is the subject of a license or Commission approval unless the unreviewed safetr quf'shon. u on an~* intc-rest in such special nuclear proposed change, test or experiment significant increase m occupalion.il material in spent fuel: Proi*ided:
im*olves a change in the license exposure, or significant unre,*icwed (1J That the rights of any creditor so conditions incorporated in the license en\'ironmental impact. shall submit a n c urnd may be exercised only in
- an unreviewed safety question. application for amendment of the compliance with and subject to the samf significant increase in occupational license. pursu,mt to § 7~ 39 of this PJrt requirements and restrictions as would exposure or a significant unreviewed apply to the licensee pursuant to the
§ 72.36 Transfer ol llc.nHI, environmental impact: (i) make changes pro\*1sions of the license. the Atomic in the ISFSI described in the Safety {a) No license or any r,ght mcludcd in Energr Act oi 195-1. as amended. and Analysis Report. (ii) make changes in a license iuued under this Part shall be regulations issued b)* the Commission the procedures described in the Safely transferred, assigned, or m any manner pursuant lo said Act: and Analysis Report. or (iii) conduct tests or disposed of. either \'oluntarily or f::?J That no creditor so secured may experiments not described in the Safety invo!Jntanly, d1rectl)' or indirectly, take possession of the spent fuel Analysis Report. through transfer of control of the lic('nsc pursuant lo the pro\'iSions of this section (2) A proposed change, test: or to any person. unless the Commission prior lo either the issuance of a license experiment shall be deemed to in\'oh*e gi\'es its consent in writing. from the Commission authorizing such an unreviewed safety question (i) if the {b)(1) An application for transfor of a possession or th e transfer of the license.
probability of occurrence or the lic~nse shall include as much of the fbl Any creditor so secured may apply consequences of an accident or information described in U 7:!.1-1 and for transfer of the license co\'ering such malfunction of equipment important lo 72.17 of this Part with respect lo the spent fuel by filing an application for safety previously evaluated in the identity and the technical and financial transfer of the license pursuant lo Safety Analysis Report may be qualifications of the proposed transferee § 72.36tb). The Commission \\ill act increased: (ii) if a possibility for an as would be required b>* those seclions upon such application pursuant to accident or malfunction of a different if the application were for an initial § 7:!.J6(c). type than any evaluated previously in license. The application shall also lcl Nolhing contained in this the Safety Analysis Report may be include a statement of the purposes for regulation shall be deemed to affect the created; or (iii) if the margin of safety as means of acquiring. or lhe priority of, which the transfer of the license is defined in the basis for any technical any tax lien or other lien pro\ided by requested and the nature o( the specification is reduced. law. (b){1) The licensee shall maintain transaclion necessitatm~ or making desirable the transfer of the liccmse. (d) As used in this section, "creditor** records of changes in the ISFSI and of includes. without implied limitation, the changes in procedures made pursuant to {2) The Commission may require any person who submits an application for lrustee under a ny mortgage, pledge, or this section if such changes constitute lien on spent fuel in storage made to changes in the ISFSI or procedures the transfer of a license pUJSuanl to the provisions of this section It file a secure any creditor; any trustee or described in lhe Safety Analysis Report. rcce1\*cr of such spent fuel appointed by The licensee shall also maintain records wrillen cansenl from lhe existing licensee. or d certified copy of an order a court or competent jurisdiction in any of tests and experiments carried oul action brought for lhe benefit of any pursuant to paragraph.(a) of this section. or judgment of a court of competent jurisdiction, attesting to the person's credit~r secured by such mortgage, These records shall include a wrillen pledge. or lien: an)' purchaser of sucb safety evaluation that provides the right-subject to the licensing requirements of the Act and these spent fuel at the sale thereof upon bases for the determination that the fore1,lc,sure of such mortgage, pledge, or change, test, or experiment does not regulations-to possernon of the spent fuel and the lSFSl im*ohed . lien or upon exercise of any power of in\'olve an unreviewed safety question. sale contained therein: or any assignee The records of changes in the ISFSI and (cl After 11ppropriate notice lo uf any such purchlser. of <:hanges in procedures and records of interestrd persons. including the tests shall be maintained for the lifetime e,isting licensl'e, and obsen*ancc of § 72.38 Applieatlons for termination or of the ISFSI. such procedures as mill' Le required b~* licenses. (2) Annually, or at such shorter the Act ur reguldt1ons or orders of the (a) The licensee shall apply to lhe interval as may be specified in the Commission. the Comm1s ion will Commission for authority to surrender a license, the licensee shall furnish to the appro\'e an cipplication for th e transfc:r lil..cnse ,*oluntar1k and to decommission appropriate regional office, specified in of u license. 1f the Commi sion 1hr JSfSI and dispose of the materials Appendix D of Part 20 of this chapter. determint><.
- tared therein. The Commission may STATUTORY ADD 132
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 182 of 245 74706 Fe~eral Register / Vol. 45, No. 220 / Wednesday, November 12, 1980 / Rules and Regulations require information, including regulation, license, or order of the - factors, including tlte results of information as to proposed procedures Commission. environmental monitoring programs. for the disposal of radioactive material *(cJ Upoo revocation of a license, the {2) A description end analysis of end decontamination of the she, to Commission may immediately cause the changes in the structures, systems, und determine whether there is reasonable retaking of possession of all *speci11l components of the J.SFSI, with emphualu as.surance that the decommissioning and *nuclear material containe~ in spent Cuel upon (i) petformonce requuoments, (II) disposal w.ill beperfoonedin hel9 by the licensee. lrl cases found by the bases, with technlcol jusU(lcolio11 accordance with the regulations in this the Commission lo be of extreme therefor, 11pon which such requiremonls chapter and \VIII not be inimical to the importance to the national defense and have been established, and (Ul) common dsifense and security or to the security o~ to the health and safety of evaluations sbowins that safety health and safety of the public. the public, the CoOlJllission prior to functions will be *eccompllshed, (b) Upon a finding ofreasonable following any of the procedures (3) An anaJysls of the significance of assurance that the decommissioning of provided under sections 551-.558 of title any chenses to codus, standards, ISFSI and disposal of the materials ' 5 of the United States Code, may cause regulatlons, or regulatory guides which stored therein will be perfonned in the ta.Icing of possession of any special the licensee hos committed to meeting accordance with the regulations in this nuclear material contained in ~pent fuel the requirements that are IU)pllcoblo lo chapter and will provide adequate held by the licensee." the design, construction, or operation of protection to the health and safety of'the the ISFSL
§ 72.42 Backfltting.
- public, and after notice to interested persons, the Commission will authorize , (a) The Collllllission may require the § 72.51 Material balance, Inventory, ond back.fitting of an ISFSI ifit f"lllds that records requlremenls for
- torod m11terl11l1.
such dei:;ommissioning and disposal and terminate the license upon completion of such act.Ion will provide substantial Ta) Bach licensee ohall .keeprecords such procedures in accordance with any additional protection to the showing lhe receipt, inventory conditions specified in )he authorization. environment.. or o_ccupalionel or public (including locaUon), disposal,
- ' health and safety. As used in this acquisition, end transfer of all spent fool § 72.39 Application for amendrnentof section, "backfi.tlil)g" means the in storage.
lfcense. addition, elimination, or modification of (b) Bach licensee oholl conduct o Whenever a holder of a license structures, systems, or components of an physical inventory of all spent fuel In desires lo amend*the license, an JSFSI after the license has been issued. storage at inlervals not lo exceed twolvo application for an amendme.nt shiµl be (b) The Commission ma,y at any liJDe months unless* otherwlae directed by tho filed with the Commission fully require a holder of a licens,e to submit Commission. describing the changes desited and the such information concerning the (c) Ee.ch licensee shall estoblish, reasons for such changes, and following backfitting or the proposed backfitting maintain, ond follow written motorlul os fer as applicable the form pre$cribed of the JSFSI as it deems approp.tiate, control and accounting procedures th11l for original applications. are sufficient to enable the llconsoo to Subpart D-Records, Reports, account for the spent fuel ln storogo,
§ 72.40 Issuance of amendment. Inspections, and Enforcement (d) Records of spent fuel in storoso In determining whether an shall be kept In duplicate. The duplloolo amendment lo a license will be issued lo § 72.50 Safety analysis report updating.
set of records shell be kept at a soporoto the applicant, the Commi~sion will be * (a}'The design, description of planned location sufficiently remote from tho guided by the considerations that govern operations, and other information original records that a single evonl the issuance'of initial licenses, submitted in the Safety Analysis Report would not destroy both sets of records. s}1all be updated by the licensee and Records of spent fuel transferred out of
§ 72.41 Modification, revocation, and submitted to the Commission et least supenslon of llcenses. an lSFSI shall be preser11ed for a pofiod once every six months after issuance of of five yeers ofter thu dole of transfer, (o) The terms and conditions of ell the license d,uring final design and licenses are subject to'amendment, construction, until' preoccupatlonal § 72.52 Reports of 1CCldcnlal crllla1111ty or revision, or modific*etion by 1eason of testing is completed, with final loss o f special nuclear matorlal, amendments to the.Atomic Energy Act completion and submittal lo llie Each licensee shall report*
of 1954, or by reason ofrules, Commission at least 90 days pdor to the immediately lo the appropriate NRC regulations, or orders Issued in planned receipt of spent fuel. This final regional Office specified In Appendix D accordance with the Act or any submittal shall include a final analysis of Port 20 of (his chapter by toJophono amendments thereto. and evaluation of the design and and lelegrom or teletype, ony case of (b) Any license may be modified, performance of structures, systems, and accld~ntal criticality 11J1d ony loss ot revoked, or suspended in whole or.in components that are important lo safety speci111 nuclear mate1-lnl. port for any oJ the following?(i) for any taking into account any pertinent ,* materiel false statement in .the information developed since the § 72.53 Material atcturi roports. application or In any statement of faot submittal of the license application. &ch licensee shall com_pleto and required under Section 102 of the Act: Changes affecting safety margins will submit Material Status Reports to tho (ii) conditions revealed by such require Commission approval prior to Commission on Form NRC-74Z, In application or statement of Ieot or any the receipt of spent fuel. accordance with prinlod inslrucllo11, for report, record, inspection or other means (b) After the iirsl receipt of spent Cuel completing the form. The reports shall which would warrant the Commission IQ for storage, the Safety AnaJysi~ Report provide information concomlng tho refuse lo grant a license on an original shall be updated annually end special nuclear material conlolnod Jn appllcation: (ill) failure lo operate an aut>mitted to the Commission by the spent fuel possessed, received, ISFSI in occordo.pce~with the terms of licensee. This submittal shall i{)clude tho transferred, disposed of,,or lost by U10 the license: (h:) violation of, or failure to following: * , llcensee. All .such report9 shull bo mudo obaeive any of. the terms and conditions (1) New or revised lnfor(llatlon as of moroh 31 ond S£'plombor 30 of ouch of the Act,,or of any applicable relating to app\icable l!ile evaluption year and shell be fued~lth tho U.S* STATUTORY ADD 133
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 183 of 245 Pedetal Register / Vol. 45, No. 220 / Wednesday. No\*ember 12. 1980 / Rules and Regulations 74707 Department of Energy, P.O. Box E. Oak inspection, upon ttasonable notice. U of the Energy Reorganization Act of Ridge. Tennessee 37830, within 30 days records li.ept by the hcensce pertaining 1974. as amended. or any regulation or after the end of the period covered by to his receipt. possrssion. or lransfer of order issued thereunder. A court order the report. The Commission may, when spenl fuel. may be obtamed for the payment of a . good cause is shown, permit a licensee (c)(1) Each licensee under this Pctrl ci\'il penalty imposed pursuant to to submit Material Status Reports at shall upo.n request by the Director. section 2;H oF the Atomic Energy Act for other tunes, Office of Inspection .ind Enforcement viulalion or U 53, 57, 62, 63, 81. or 82 of pro\ide rent-free ofrlce space for the the Atomic Energy Act. or section 206 of
§ 72.54 Nuclear material transfer reports. exclusive use or the Commission lhc Energy Reorganization Act of1974, Whenever the licensee transfers or inspection personnel Heat. air or any rult'.', regulation. or order issued .receives spent fuel, thelicensee shall condiliorung. light. electrical outlets and thereunder, or any term, condition, or complete and distribute a Nuclear janitori11l sef'\*lces shall be furnished by limitation of am* license issued Ma terial Transaction Report on Form each licensee. The office shalt bl? thereunder. or for any '-iolation for NRC-741. Each licensee who transfers con\'enient to ilnd have full access to lhi: which a license may be tei*oked under spent fuel shall submit a copy of form inslallalion and !hall provule the section 186 of the Atomic Energy Act NRC-741 to the U.S. Department of inspector both \'isual and acoustic An~* person who willfully violates .my Energy, P.O. Box E. Oak Ridge1 privacy pro,*ision of the Atomic Energy Act. or Tennessee 57830, and three copies to the (2) For a site \\ ith a single storage tiny regublion or order issued receiver of the material promptly after installation thP space pro\'ided shall be thereunder, may be guilly of a crime the IJ'ansfer takes place, Each licensee adequate to accommodate a rull*time and. upon convlcUon. may be punished who n?ceives spent fuel shall submit a inspector, a part*lime secretarr and Ls fine or imprisonment or both, as copy of form NRC-741 to the transient l\'RC prrsonnel and will be pru,*ided by law. "
Department of Energy and to the shipper generally commensurate \\ith other of the material within 10 days after the office facilities at the site. A space or Subpart E-Siting Evaluation Factors spent fuel is received and unloaded and 250 sq. !t., either within the site's office: its identity is verified. complex or in an office trailer. or other § 72.61 General considerations. on site space, is suggested as a guide. (a) Site ~hilracteristics that may
§ 72.55 Other records and repons. For sites containing multiple focililles dircclly affect.the safetl* or
[a) Ea.ch licensee shall maintain any additional space ma}' be rt?quested lo en\*uonmenlal impact of the lSFSI shall reco.rds and make any reports that may accommodate additional Iull*lime h11 investigated and assessed. be required by the conditions of the inspectors. The office space that is (b) Proposed sites for the ISFSI sha!l license or by the rules, regulations. and provided shall be subject 10 the be examined with respect to the orders of the ColllIDission in effectuati.ng approval of the Director. Office or frequencs and the se\'erity of extemal the purposes of the Act. Inspection and Enforcement. All notural and man*induced events that (bl Each licensee shall furnish a copy furniture. supplies and Commission could affect the safe operation of the of its annual financial report, including equipment shall be furnished by the JSFSL the certified financial statements, to the Commission. (c} Design blsis external events shall Commission. (3J Each licensee under this Pa.rt sh.ill bl' determined for each combillation of (c) Records that are required by the afford any NRC resident inspector regulations in this part or by the license proposed site and proposed ISFSI assigned to that site, ot other NRC design. conditions shall be maintained for the inspeclora identified by the Region;il period specified by the appropriate Director aa likely to Inspect the (d) Proposed sites with design basis regulation or license condition. If a installation, immediate unfettered c.'l:.temal events for which adequate retention period is not otherwi.se ecce11, equivalent to access provided protection cannot be pro,ided through specified. such records shall be regular plant employees, following JSFSl design shull be deemed unsuitable maintained until the Commission proper identification and compliance !or the location or the ISFSL authorizes their disposition. with applicable access control measures (el For each proposed site. pursuant to (d) Any record that must be for security. rc1diolog1cal protection and Part 51 of this chapter. the potential for maintained pul'$uant to this Part mar be personal s11fety. radiological and other em*ironmental either tbe original or a reproduced copy (d) Each hc!'nsee shull perform. or impacts on the region shall be esaluated ot microfonn provided that any permit the Commission to perform, sueh with due consideration of the reproduced copy or microfonn is duly tests as the Commission deems choracteristics of the population, authenticated by authorized personnel appropri11te or neceasary for the including Its distribution. and of the and that the microform ls capable or admlnislratiun or the regulations in this regional environs. including its historical producing a clear an legible copy after part. and eslhelic values. storage for the period specified b~* lei A roport of the preoperallonal lest (I) The foclllty shall be sited so as to commission regulations. acceptance criteria and lest results 1hall O\'Oid to the extent possible the long-be submitted to the appropriate. regionol lenn and short-term adverse impacts
§ 72.SG tnspeetlons and test$.
omce specified in Appendix D of Part 20 associated with the occupancy and (a) Bach licensee under this part shall of this chapter with a copy to the modification of floodplains. pennll inspection by duly authori,:ed Director. Office or t-:uclear Moteriol representatives of the Conunlssion of his Safety and Safeguards at least 30 days § 72.62 Design basis external natural reoo,ds, premises, activities and of spent events. prior lo the receipt of spent fuel. fuel in possession related to the specmc (u) Natural phenomena that may exist license. as may be necessary to f 72.57 Violation. or Iha l can occur in the n?gio11 of a effectuated the purposes of the Act. An injunction or other court order proposed site shall be identified and including Section 105 of the Act. mil)( be obtained prohibiting ony ilnessed according lo their potential (b) Each licensee under this Part shall \'Iola ti on of any pro\'ision of the Atomic effecu on the safe operation of the make available to the Commission for Energy Act of1954. as amended, or title ISFSJ. The important natural phenomena STATUTORY ADD 134
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 184 of 245 74708 Federal Register / Vol. 45, No. 220 / Wednesday, November 12, 1980 / Rules and Regulations that affect the JSFSJ desigo shall be § 72.65 Definlo9 potential effects of the {aJ For sites that have been evoluoted identified. ISFSI on the region. under the criteria of Appe.ndix A of 10 (b) Records of the ocCWTence and (a) The proposed .site shall be CFR Part 100, the JSFSI-DE shall be severity of those important natural evaluated with re&pect to the effects on equ.ivalent to the safo shutdown phenomena shall be collected for the populalion.s in lhe region* resulting from earthquake (SSEJ for anucle.ar powor region and evalu.ated for reliability, the release of.radioactive ma.tatials plant. accuracy, and completeness. under normal and accident conditions (b) For those. sites that have not been d uring operation and decommissioning evaluated under the criteria of Appendix (c) Appropriate methods shall be . A o! 10 CFR Parl 100, th,ut are easl of tho adopted for evaluating the design basis of the ISFSI; in this evaluation both usual and unusal.regional and site Rocky Mountain Front, and thot are not natural events based.on the . oharaeleristics shall be .taken into in areas of known seismic activity, o characteristics of the region and the account. . standardized ISFSI-DE described by on current stale of knowledge about such appropriate response spectrum events. (b) Each site shall be evaluated with respect to the effects on the regional anchored a t o.25 g mny be used,
§ 72.63 Design basis external man* environment resulting from construction, Altematlvely, a sile-tipeciflc ISFSI-DE Induced events. operation and decommissioning of the may be determined by uslng the crltorla ISFSJ; in this evaluation both usual and and level oflnvestigotlons required by (a) The region shall be examined £or Appeadix A of Part 100 of thls cboptot, both post and present man-mode unusual regional and site characteristics shall'be taken into account. (c) Regardless of the results of the facilities and activities that might invesUgations anywhere In the endanger the proposed ISFSI. The § 72.66 Geologlcal and selsmologlcal continental U.S., the ISFSI- DB shall importanLpotentiaJ man-induced events characteristics. have a value for the horizontal ground that affect the ISPSI design shall be (al Massi'lle Water Basi.n and Air- motion of no less than 0.1.0 g with tho Jdentlfied, Cooled Co11yon Types of JSFSI appropriate response spectrwn.
(b) Information concerning tlie Structures: (b) Other't ypes of JSFSJ Designs, potential occurrence and severity of * (1) Bast o( the Rocky Mountain Front For lSFSJ designs U1al do not use such events shall be collected and (east ofapproximetely 104* west massive wator basins or sir-cooled evaluated for reliability, accuracy, and longitude), except in areas of luiown canyons, such as canisters, casks, or completeness..
- seismic activity including but not limited silos, a site specific invooUgollon Is (cJ Appropriate methods shall be to the regions 01:ound New Madrid, Mo,, required to establish olto sultabllily adopted for evaluating the design basis . Charleston, S.C., and Attica, N.Y., sites commensurate with the opec;IOc external man-Induced events, based on will be acceptable if the results from requirements of the pi:oposed ISFSI.
the currenlsta~e ofknowledge about onsite foundation and geological
§ 72.67
- Crtterla for radloacUvo moterlol* In such events. investigalionrliterature review, end emuerab and dlreot radlollon from an ISFSI.
regional geological reeonnassiance show
§ 72.64 Identifying regions around an no unstable geological charactertislcs, (a} During norm.al oparaUons and ISFSI alle. sol! stability problems, or polential for 4Ulticipo,ted occurrences, the onnuol (a) The regional extent of external vibratory ground motion at the site in dose e:quivslent to any reol lndlvlduul pbenomerio,, man-made or JJ.atural, that excess of an appropriate response who is located beyond the controlled area shall not exceed 25 mrem to tho are u.sed as a basis for the design of the spectrum ac'.hored at 0.2 g. whole body, 75 mrem to tlhe thyroid nnd ISFSl shall be defined. - (2) W ~st of the Rocky Mountain Front 25 mrem to ony other organ as n result (b) The potential Jegional impact dlue (west of approximately 104* west of exposure to (1) plnnned dlschargoa of to the constructioJl, operation or
- longitude), and in other areas orknowll radioactive matetiols, radon and Its decommissioning of the JSFSI shall be potential seismic activity, aeismloity will daughters excepted, to tho gonernl Jdentified. The extent of such regional be evaluated by lhe techniques of environment. (i} cllrecl radiation from
- 8 h 8 II b d t
- d th Append~ A of Part 100 of 'this ohoptei:. JSFSl operations and (3) any other lmpoots e e ernune on e Sites that Ile within the range or strong basis of potential measurable effects on near-field ground motion from hisloricol radiaUon from uranium fuel cycle the popu.latlon or the environment, from l operations Within tho region.
lSFSI activities. . earthquakes on arge capable faults (b) Operational restnctfons shall be should be avoided. established to meet as low os Is (cJ Those regions identified pursuant (3) Sites other than bedrock sites shall to paragMphs (a) and (b) or this section be evaluafed for theit liquefaction reasonably achievablo obJecUvos for shall be investiga1e<\ as appropriate with potential or other soil instaility due to ra{lioa:ctive materials In offiuents and l'llspect to (i) the i:,tesent and future vibratory grou.nd motion. direct.rodiaUon lovels ossoclntcd with character and the distribution of (4) Site-specific investigations and JSFSI operations. populaUon, (ii) consideration of present laboratory'Gllalyses must show that soil {c) Operational Um.Its sball be and projected future uses of land and conditions are adequate for the established for radlooctlve ma teriols ln water wJthln the region, and (ill) any proposed foundation loading. effluents ond direct rodln Uon lovols special oheracteriistlcs that may (5) In an evaluation of alternelive associ-oted with JSFSJ operatfons to influence the potential *consequences of sites, those whlch require a minimum of meet the !units given in pmasroph (a) or a release of radlooct!ve material duril:\g engineered provisions to correc.t site this se:ction.
- the operatlonal lifellme of the ISFSL deficiencies areyreferred, Sites wllh * * § 12.ea. Con1rollod aroa or en ISFSI, (d) If the distribution of population In unstable geologic characlerlstics ~hould {a) For each lSFSI site, o controllod ony detineit region ls such that odqunte be avoided. area shall be catobllehed.
protective actlon..connot be provided (8) The ISFSI des!Bn earthquake (bJ Any indJvidual localed on or through emergency planning the (ISFSI-DB) for use .In the desrgn of beyond the nearest boundary of tlio proposed site shall be unsuitable for the structures shall be determined as controlled area shall not receive o dooo location ofon ISFSI. fo11ows: greater than 5 tem to U1e w holo body or STATUTORY ADD 135
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 185 of 245 Pedead ll'aegist.er / Vol. 46, No. t20 / Wedaeeday, November 12. 1990 / Rules and ResuJ.ations 74108 any organ Crom ar,y deaign basis with normal operation. maintanmce, other facilities 1UlleN ii le 1hown that accident. The minllllWll distance from and tee tins of the JSPSJ; and to such sharing will not impair the the spent fuel handling and storage withstand poetalated aocident1. capablUty of ei1ber facility to perform it.5 facilities to the neareat boundary of the (2) Structuru. l)'ltama, and ufety functiom. lncludin, the ability to controlled area shall ba at least 100 componeoll important to safety shall be return to a safe caodition in the event of meters. dealped to withstand the effects of an accident. (cl The controlled area may be natural phenomena nch u (e) Proximity ofaittt.-AD. JSFSI traversed by a highway, railroad or earthquaba. tornadoet. llghtning. located near other nuclear facilities w aterway, ao long aa appropriate and hurrlcanea. Boodl. tsunami. and seichea, 1hall be designed and operated to effective arransementa are made to without impalrir18 their capability to ensure that the cumulative effects of control traffic and to protect the public perform safety function,. The detlgn their combined operations will not health and safety. bases for the.e 1trocturet, ay1tern1, and con1lilute an unre11ooable ri1k to the components ,hall renect (I) appropriate health and safety of the pnblic. 72.69 ISFSC emefgency planning zone. consideration of the m01t tevere or the (f) Testing and mainlenance of (a) For each lSPSl site, an ISPSI natural phenomena reported for the ,lie syslems and component1.-Sy1tema and Emergency Planning Zone (ISPSI-EPZ) and surTOunding area, with appropriate components that a.re important to safety shaU be established. The ISPSI- EPZ margins to take into account the ahall be designed to permit inspection. shall provide reasonable assurance that limitation* of the data and the period of rttaintenance, and testing. protective actions beyond its outer time in which the data have (gl Emef8ency copobih"ty.-StructlllH, boundary would not be necessary. accumulated. and (U) appropriate syatems, and components important to (b) The boundaries of an ISPSI-EPZ comblnatiool of the effect, of nonnal safety shaU be desisned for for a particular ISFSI will be detennlned and accident oondition, and the effect, emergencies. 1ne design shall provide
- on a case-by-case basis ta.king into ofnaturalphenomena.AnlSPSlneed for acceuibility to the equipment of account both the cbaracleriatica of the not be protected from tornado miulle, onsite and available oUsite emergency specific facility and'Jocal oonditions but should be designed to prevent facilities and SttVlces auch as hospitals.
such as demography, topography, I.and massive oollapae of building 1tructures fire and police depa.rtmenta, ambulance characteriltics, acoess routes and local or the dropping of heavy object, on to sen*ice. and other eme,zency agencies. jurisdictiooal boundaries. the stored *pent fuel a, a reault of th) Confinement barriers and
§ 72.70 Spent fuel transportation. building ,tructural failurea. s.rstems.-{1) The fuel cladding shall be (3) CapablHty shall be provided for protected agaimt degradation and gross The proposed ISPSI shall be evaluated ruptures.
determining the Intensity of natural with respect to the poteetial impact on (2) For underwater storage of spent phenomena that may occur for the environment of spent fuel being compari1on with design buea of fuel in which the pool water serves 119 a transported into the area. structvet, eyatems, and components shield and a confinement medium for Subpart F--General Design Criteria important to Hfety. radioacth*e materials, systems designed (4) Uthe ISPSI le located over a.n for maintaining water purity and the
§ 72.71 General Considerations. aquifer which l1 a major water resource, pool water level ,ball be designed so Pursuani to the pl'OTi*i~ of i 72.15 me&1ure1 shall be taken lo pttelude the that any abnormal operations or failure of this Part. an application to store spent transport of radioactive material, to the in tko1e systems from any cause will not fuel in an ISPSI must include the design environment lhrovsh thi1 potential cause the water level to fall below safe criteria for the proposed storage pathway. limit,. The design ,hall preclude complex. These design criteria establish (c) Protacuon Aaain,t FinJs and installations of drain,.-permanently the design. fabrication. oooatniction, Expl°'ion.. connected 1y1tem1, and other features testing. and performance requirement.a Structures, l)'ltems, and component* that could by abnormal operations or £or structures, systems, and components important to Hfety shall be designed failure cause a significant loss of waler.
important to safety aa defined in I 7Z.3. and located 90 lhat they can continue lo Pool water level eqwpmmt shall be The general design criteria identified in perform their Hfety functions effectively pro\*ided to alum in a continuously this section establish minimum under a-edible fire and explosion manned location if the water level in the requirements for the design criteria for exposure conditions. Noncombustible fuel storage pools faU1 below a an ISFSI. Any omissions in these seneral and heat-re1lstant material, shall be predetermined level. design criteria do not relieve the used wherever pr.ctical throughout the (3) VentUation and off-gas syatems applicant from the requirement of ISFSI. particularly in location* vital to ahnll be provided where necessary to providing the necessary safety features the control o( radloaciive materials and en au.re the confinement of airborne in the design of the ISFSL to the maintenance of aafety control radioactive particulate materiaJs during function,. Exploeion and fire detection. nonnal or off-normal conditions.
§ 72.72 O v e r a l l ~ alann. and auppreNion sy1tem1 shall be (1J lnstrumentolion and control (a) Quality Standatds.-Structurea, designed and ))l'Ovided with 1ufficient srst£'ms.-lnstrumentation and control systems. and 001Dpooents important to capacity and capability to minimize the systems shall be provided to monitor safety sb..ll be designed, fabricated. adverse effect, of fire, and explosions 1yslem1 that are important to safety erected, and teated to quality standards on 1tructure1, ,yateina, and components over anticipated rangH for normal commensurate with the importance to important to aaraty. The de1ign of the operation and off-normal operation.
safety of the function to be performed. ISFSI shall include proYi1ion1 to protect Those instruments and control systems (b) Protection again*t envirorummtal againet adnrte errects that misht result that must remain operational under condiJions and natural phenomena.-{1) from either the operation or the failure accident conditions ,ball be identified in Structures. systems, ami components of the fire 1uPP"ff9ion ay,tem. the Safety Analysis Report. important to safety shall be designed to (d) Shari,w of1/.roctu1W, ,y,tcms, and (j) Control room or control areos.-A acoommodate the effects of, and to be componenta.-Stroctttre1, sy,tem1, and control room or control areas shall be compatible with, site characteristics and component1 Important to aafety shall designed to permit oocupancy and environmental 'OOnditions aHociated not be shared between an ISPSI and actions to be talcm to monitor the JSFSI STATUTORY ADD 136
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 186 of 245 74710 Federal Register / Vol.* 45, NQ. 220 / Wednesday, November 12, 1980 / Rules and RegulaUons safely under normol conditions, and to which operation, maintnenance, and § 72.75 Cr1tet111 for ,p,nt ru,t and provide safe control of the JSPSJ under required inspections may involve such radlo:ictlve w1111te 1torage
- nd handling, off-normal or accident conditions. exposure shall be designed, fabricated, (a) Spent Fuel and Jladioactlvo Wasta (k) Utility servlces.-{1) Bach utility localed, shielded, controlled, and tested Storage and Handl/119 Systems.
service system shall be designed to meet so os to control external and internal Spent fuel storage, radloocUve wool(! emergency conditions. The design of radiation exposures to.personnel. The storage, and other eystems thot might utility services and distribution systems design shall include means to: contain or handle rodlooctlve motorloli, that ore Important to safety shall include (1) prevent the accwnulatlon of associated with spent fuol, shall be redundant sy4tems to the extent radioactive material 1n those syetems designed lo ensure adequate aofoty necessary to maintain; with adequate requiring access; under nonnal and accident condttloni,*
. capacity, the ability to perform safety (2) decontaminate those systems lo These systems shall be deelgnod w1U1 (1) functions assuming a single failure. which access is required; a capablllty to test and monitor (Z) Emergency utility services shall be ,. (S'J control access to areas of potential components lmportant lo safety, (2) designed to*permit testing of the contamlnation or high radiation within suitable shielding for radloUon functional operability and capacity, the ISFSI; , protection under nonnal ond accldont Including the full operational sequence, (4) measure and control contamination of areas requirmg access; condlllona, (3) confinement structures of each system for transfer between and systems, (4) a heat-removal normal and emergency supply sources; (5) minimize the time required to perform work ln the ylclnit:y of aepablllty havi.ng testability and and to permit the operation of reUablllty consistent wllh lta importonco associated safety systems. radioactive components; for example, by providing sufficient apace for ease of to safety, and (5) meons'to mlnlmlzo tho (8) Provlsion(I shaUbe mode so that, in quantity of radioar.Uvc wastes the event of a loss of the primary operation and designing equipment for ease of repair and replacement; ind generated.
electtic J?.OWer source or circuit, reliable (b) Waste Treatme11/, and timely emergency power will be (6) shield personnel from radiation provided to Instruments, utility service exposure. Radioactive waste treatment focllltlo!I systems, the central security alarm (b) Radiological alarm sy_ptems.- shall be provided. Provisions shall bo station, and operating systems, in Radiological alarm systems shall be made for the packoging of slte-genorutcd amounts sufficient to allow safe storage provided in accessible work areas to low level wastes in a form aultablo for conditions to be maintained and to warn operating persoMel of radiation transfer to disposal sites. permit continued functioning of ell and airboi:ne radioactivity levels above a given setpoint and of concentrations of § 72,76 Crflerla for decomml11lonlng. systems essential to safe storage. radioactive material in effl'uente above The JSFSI shall be designed for
§ 72.73 Criteria for nuclear crltlcallty control llmitS'. Such systems shall be decommlssionirtg. Provisions shall bo safety. designed with provisions for calibration made to fecilitale decontamlnotlon of (a) Design for criticality safety.- _and testing their operability. structures nnd equipmenl, mlnJmito tho Spent fuel h1U1dling, transfer, and (c) Effluent and direct radiation . quantlty of radioactive wasles and storage systems shall be designed to be monitoring.- . contaminated equipment, and fncllltoto maintained subscrltical and to prevent a (1) Effiuent systems shall be provided the removal of radloacll\lo wastes oncl nuc.lcar criticality acc1dent. The design, with means for measuring the amount of contaminated materials al tho Umo tho of handling, transfer, and storage radionuclides in effiuents during normal ISFSI Is permanently decommlsslonod.
systems shall include margins of safety operations and under accident for the nuclear criticality parameters conditions, A means of measuring the Subpart G-auallty A~surance that are commensurate with the flow of the diluting medium, either air or f 72.80 Q!Jallty assurance program; uncertal.nties in the handling, transfer water, shall also be provided. Reco~. and storage conditions, In the data and (2) Areas containing radioactive . methods used in colculaUons, and in the materials shall be provided with (a} A quality assurance progtam nature of tJ1e immediate environment systems for measuring the direct based on the criterht In Appendix B lo under accident condltiona. radiation levels in and around these Part 50 of this chapter shall bo (bl Methods ofcriticality control.- areas. established and Implemented for tho The design of an JSFSI shall be based on (d) Effluent Control. structures, systems, and components or eiU1er favorable geometry (spacing) or The ISFSI shall be designed to prov:lde an JSFSI that are l'mporlont to sofoly, permanently fixed neutron absorbing means to limit to levels as low as Is The application of the quality assuronco materie_ls (poisons). Where solid neutron reasonably achievable the release of program should be oommensurolo with absorbing materials are used, U1e design radioactive materials in effluents durira the Importance to safely of ldontlfled shall provide for positive means to normal operations; 11nd control the activities and individual structures, verify their continued efficacy. In release of radioactive materials under systems, and components. criticality design analyses for accident cond!Uoos. Analyses shall be (b) The quality assuronoo program underwater storage systems, credit can made to show that releases to the shall cover all acUvlUes Jdontiflod aa be taken for the neutron absorption of general environment during normal being important to uofety throughout tho
-rack structures and the water within the operations and anticipated occurrences life of the llceneed.nctlvlly-from alto storage unit. will be within the exposure Umits given selectlon through docommlsslonlns-in l, ?2.!37. AnaJysea of design basis prior to termination of tho liconse: § 72.74 Criteria for radlologlcal protection. accidents shell be made, to show that (c} Appropriate rucords of tho doslgn, (o) Exposure control.-Radiatlon releases to the general environment will fobricotion, erection, tostlng, protectJon systems shall be provided for - be within the exposure limits given in maintenance and oc:cupollon of ell areas and operation& wbere onslte § 72.68. Systems designed to monitor the &tructuroa, systems, and eompononto personnel may be exposed to radiation release of radioactive materials shall important to safety shell bo molntolnod or airborne radiooctive materials. ba\le means for calibration nnd testing by or under tho control.of tho llconooo Structures, systems, and component~ for their operabWty. _
- throughout the llfo of tho lSPSJ.
STATUTORY ADD 137
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 187 of 245 Fede~ Register / Vol. 45. No. 220 / Wednesday, November 12, 1980 / Rules and Regulations 74711 Subpart H-Physlcal Protection lnformation (Background, Generic need not categorically disqualify a
- PlaMing Base, Ucensee Planning Base, person, so long as appropriate
§ 72.81 Physic.ii s~~tirlty plan. *. and Responslbillly ~atrl.x) contained In provisions are made to accommodalc A plan fof detailed security measu,es tha licensee anfeguords conUnt!ency such defect.
for pb_yslcal'protec~o_n shall be . plan without the prior approval of the established, This plan shall consist of Conforming Amendments Com.mission. A licensee desiring to i"wo parts.,Part (*shall demonstrate'~li\\l make such a change sboll submit no PART 2-RULES OF PRACTICE FOR the applicant plans to comply witJ:l tb'e
- application for an amendment to his DOMESTIC LICENSING PROCEEDINGS applicable reqlllrements of Part 73 of license pursuant to § 72.39.
this chapter at!d during transportation 'to (b) The licensee may, without prior 1, Section Z.764 ls amended-by adding and from the peopoaed lSFSI en~ lib.all Commtssion approvaJ,-make changes to the phr.ise .Except as provided ill include the design for physical . . the physical security pion or the paragraph (c) of this section." at the protection and the licensee's safeguards safeguards contingency plao, if the b eginning of paragraphs (a) and (b). by -contmgency plan and guard !raining changes do not decrease the safeguards adding a new parag..,pb (c) and by plan. Part n shall li~L tests, inspections, effectiveness of these plans, The revising footnote 1 to read as follows: audits, and other means to be used to licensee shall maintain records o{ § 2.764 lmm~te etfectlveness oflnrtial demonstrate compliance With such changes to any sucb plan made without decision dl~cUng llsuance or amendment requiremeols. prior approval for a period of 2 years of conslnlatlon permit or o perating from the date of the change and shall ucense.1
§ 72.82 Design for physical P.roteatlon.
furnish to the Director of Nuclear (a} Except as provided ln paragrapb The design for physical protection Material Safety and Safeguards, U.S. (c) of this section. an initial decision shall show the site layout and ISFSI Nuclear Regu)arory Commission. **
- design featuresJ!_rovided to protect the Washington, D.C. 20555, with n copy to (b) Except as provided in paragra2h lSfSl from sabotage. It shall include: the appropriate NRC RegiC>nal Office [c} or this section. the Director of .
(a) The design crileria for the physical specified in Appendix A lo Part 73 of Nuclear Reactor Regulation or * * .. protection of the proposed ISFSI; this chapter. a report containing a {c) An Initial decision ditectmg the (b) The design bases and the *r elation description of each change wilhln 2 Issuance of an initial license for the o[ the design bases to the design criteria mooths after the change is made. construction and operaUoo of an submitted pursuant.to paragraph (a.) of lndependent spent fuel storage this section; and Subpart I-Training and CertlflcaUon IJlstallation (ISFSI) uoder 10 CFR Part n (c) Information relative to materials of Of ISFSI Personnel 0£ this chapter shall not become *
-construction, equipment. geoeral effective until review by the arrangement. and proposed quality § 72.91 Operator requirements.
Commission bas been completed. The assuran.ce program sufficient to provide Opera.tion of equipment and controls Director of Nuclear Material Safely and reasonable assurance that the final that have been identified as important to Safeguanls shall not issue an initial security system will coriform to the ~afety in the Safety Analysis Report and license for the construction and design bases for the principal design in the license shall be limited lo trained operation of an indepeodent speot fuel criteria submitted pW'Suant to paragraph and certified personnel or be under the stora£e installation {JSFSO underlO CFR {a) of this secli?n. direct visual supervision of an Pa.rt 72 of this chapter until expressly individual with training and cerli!ication authorized to do by the CotnlXli.ssion.
§ 72..83 Safeguards conUngency plan, in such operation. Supervisory (a) Tlie requirements of the licensee's personnel who persooally direct the PART 54-UCENSING AND safeguards contingency plan for dealing operation of equipment and controls REGULATORY POLICY AND with threats and industrial sabotage that are important lo safety must also be PROCEDURES FOR ENVIRONMENTAL
.shall be as*defined in § 73.40(b) of.this certified in such operations. PROTECTION. Chapter. This-plan shall inclu~e Background, Generic Pl~g Base, § 72.92 Operator training end cerunc:auon ?- ln § 51.S(a) pill'agrapb (10} is Licensee Planning Base, and program. redesignated as paragraph (11) and a Respoosi.bility Matrix, the first lour The applicant fore license under thh, new paragraph (10) is added 1n § st.5(b) oafegories ofµifonnation !9lating to part shall esteb1isb a program for a ne\" subparagraph (4)(iv) and
- nuclear facilities licensed under Part 50 tra.iniog, proficiency testing, ond paragraph (9) is add\!d. Paragraph of lhia chapter. (The fifth.category of certification of ISFSl personnel. Th.is 51.S(b)(S) is chmised to include the information, Procedures, does not have program shall be submitted to the above addiUoftlil $Ubparagrapn (4)(1V).
to-be submitted for approval.) Commission for approval with the As amended § 51.5 reads as follow: (b) The licensee sh~ prepare and license appllcaUon. § 51.S Actions requlrtng prep.sration or maintainsafeguards contingency plan § 72.93 Phystc:il requtremenlll. onvlronmento.t lmpeet statements, neg3UVe procedures in accordance with dccl:ir:iuont. environmental lrr:pact Appen.dix'C to 1 0 CFR Part 73 for The physical condltion and lhe appraisals; actions excluded. effecting the actions and decisions general health of personnel cerUfied for (a) An environmental impact contained in the Res_ponsibµily Matrix the operation of equipment and controls statement will be prepared and of U\elicensee's safeguards contingency lhat are important to safety shall not be circuloted prior to laking any oI the plan. - such as might cause operotlonnl errors following types of actions: that could endanger other ia-pl:lnt
§°72.84 Chaage to physical s ei:urlty :,nd personnel or the public health ond safeguards c.ontlngency plans. . (10) lssu1111ce of a license pursuant to safety. Any condiUon which mls}tt couse Port 72 of this chapter for the s lorage of (a) The licensee shall make no ch9.Di8 Impaired judgment or,no tor that would decrease the, safeguards coordination must ba considered in tho 'The ICIDJIOrtllY :;uspCll.:lloo o( § U&t(m) ud tb) effeclivl!ness of the physical 1lecurity selection of persoMcl (or aclMUes that In ccrtllla Pllla:l?dl'.n.;, nod rtlllwl m.lllffl ts plan or t!ie first four categories o[ are important to safely. Such conditions oddn:,,sed In Ap~dillB ta t&1.s part.
STATUTORY ADD 138
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 188 of 245 74712 Federal Register / Vol. 45, No. 220 / Wednesday, November 12, 1980 / Rules and Regulations spent fuel in an independent spent fuel of spent fuel stored in on independent product labeling, program llslln8, ond storage installation (JSFSl) at a site not spent fuel storage inetallatlo.n (ISFSJ) warranty requirements. occupied by a nuclear power reactor. licensed under Part 72 of tliis Chaptar. In order to make men.ufoqtutora, (11) Any other action which the euppllers, ond contreqtora oworo of tho CommJssion determines is a major PART 160-EXEMPTIONS AND requlroments for lobollng, worronly, Commission ecUon slgnlOcantly CONTINUED REGULATORY listing, and the molerlol 11tondorde, wo aftec;tlng the quality of the human AUTHORITY IN AGREEMENT STATES hove scheduled 11 briefing for trodo environment. UNDER SECTION 274 easoclatlona which reprosonl (b} Many licensing and regulatory manufacturers. tontruolors and 5, Section 150.15(11) Is amended by dlstrlbutors of energy conserving and ecllons of the Commls9lon other than adding e new paragraph {8) to rend as those listed In paragraph (a) may or me.y: renewable resource measures to oddioSB follows: . these guidelines. not require preparation of an environmental impact statement, - * § 160.15 Persons not exempt. OATES: The briefing wlll bo hold dependlJ1g upon the circumstances, In (a) Persons in agreement States are November 20, 1980, from 2:00 p,m,, lo determJning whethe.r an environmental not exempt from the Commission'!! 4:30 p.m. Request for ettendencc should Impact statement should or should not licensing and regufatory requirements be received before November 14, 1070. be prepared for such action, the with respect to the following aclivllles: Direct ell requests to Gloria Purnell ut Commission shall be guided by the
- the address listed under the sccllon Council on Environmental Quality 150.15(a)(7) The storage of spent fuel entitled "For Further lnfonnollon Guidelines, 40 CFR 1500.6. Such other in an independent spent fuel storage Contee!!". Tl\e briefing will be held at actions Include: the address listed below:
. installation (JSFSJ) licensed pursuant to Part 72 of this Chapter. ADDRESSES: Quellly lnn, 415 New Jorsoy (iv) The storage of spent fuel In an Avenue, N.W., Federal Ballroom, independent spent fuel storage Dated at Washington, O.C,, this 3rd dny of wa*shington, D.C.
Installation (1SFSI) pursuant to Part 72 Novembu 1980. FOR FURTtiER INFORMATION CONTACT: qf the chapter.
- For the Nuclear Regulatory Commission. Gloria Purnell, Office of Conservation (5) Renewal of licenses to conduct and Soler Energy, noom c;H-008, 1000 activities listed in paragraph (b)(4} (j)- Samuol J. Chllk,
- Jndependence Avenue, S,W.,
(iv) of this section;" Secretary ofthe Commission. 'Washington, D,C, 20505 (ZOZ) 252-0101. (l'R Doc. - Filed 11-10-80:8.'45 am( SUPPLEMENTARY INFORMATION: Not BIWNG CODE 75'0-01~ (9) Issuance of a license pursuant to available. Part 72 of this chapter for the storage of Issued In Woshlngton, D.C. on Novcmbor 7, spent fuel In en independent spent fuel DEPARTMENT OF ENERGY 1980, storage installation (lSFSlJ on the s1te of T. E. Stelsoo, a nuclear power reactor. . Office of conservallon and Solar Conservation and Solar Energy. PART 70-DOMESTIC LICENSING OF Energy tFR Doc. eo-3SJ8t Fll*d11*1 - . &4S am) BIWNG CODE MSO-Ot-M SPECIAL NUCLEAR MATERIAL 10 CFR Pa rt §56
- 3. Section 70.1 is amended by inserting [Docket No. CAS-RM-79-101 l FEDERAL TRADE COMMISSION lhefollow:ing phrase in the begilllling of 16 CFR Part 13 per(lgraph (a) and by adding a new Resldentlal Conservation Servfce paragraph to read as follows: Program; Briefing [Docket No. 9089)
§ 70.1 Purpose. Atlantic Richfield Compony; Prohlbltod AGENCY: Department of.Energy.
Trade Practices, and Affirmative (a) Except as provided in paragraph ACTION: NoUce of'bt!efing. Corrective Actlonu (c) of this section, the regulations of this
~ . . .
pert * * * (c) The regulations in Part 72 of this
SUMMARY
- The Department of Energy ls implementing the Residential Conservation Service (RCS) Program AGENCY: Federal Tt*ado Commission.
ACTION: Modifying order. pursuant to Title n, Part I of the
SUMMARY
- This order. among other chapter establish requirements, things, reopens the proceodJng o.n d procedures, and criteria for the issuance
- National Energy Conservation Policy modifies definition (h)(1) and (2) of lho of llcen11es to possess spent fuel and Act(NECPA) (Pub. L. 95--619, Stat. 3206 el seq.). The purpose of the program is to divestiture order isoued Qn Octobot 20, other radioactive materials associated 1979, 44 FR 67643, 04 F,T.C. 1054, so thnt,
' with spent fuel storage in an encourage the installation of energy conservation measures and renewable upon prior Commission approval, Independent spent fuel storage Noranda Mines Ltd,, JNCO Ltd.. lho Installation (ISFSI) and the terms and resource measures in existing houses by Anglo American Group, or ony of tholr conditions under which the Conunlssion _residential customers of larger gas and respective subsidlorles (previously will issue such licenses. electric utilities and home healing suppliers. On November 7, 1979, DOB desigpated as "Ineligible"), may bo PART 73-PHYSICAL PROTECTION OF Issued a final rule for the RCS Program considered as "eligible to purcheeu PLANTS AND MATERIALS (44.FR 64602). properties to be dlvestod or to ongogo In Under the RCS Program, DOE has certain joint ventures with Allonllo f 73.1 Purpose and scope. established rules and guidelines that Richfield.
- 4. ln § 73.l(b) Scope, odd a new a(fect the energy conserving and OATES: Order Issued October 29, 1070.
paragraph as follows: . renewable resource products -
- Modifying order Issued Oolober 'I, 2000.
manufactured, distributed or installed FOR FURTHER INFORMATION CONTACT: (b) Scope. This pert prescribes . under the program. The riilee address FTC/C. E. Perry Johnson, Weahlnglon, re~ulromente for the physical protection matorlal and,insteilalion stando.rdu,. . o.c.20500, (202) 523-3001.
- STATUTORY ADD 139
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 189 of 245 Nuclear Regulatory Commission, Final Rule on Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste, 53 Fed. Reg. 31,651 (Aug. 19, 1988) STATUTORY ADD 140
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 190 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rule11 and Regulations 31851 vurletles of potatoes. For this rea11on, the tend to effectuate the declared policy or U.S. No. 1 and are packed In quantities commlltee recommended retalnin9 the the Act. of so pounda or more per contatnor: special purpose shipment requirement* Purauont toS U.S.C. 559, II It also Provided. That any person who desires for non-rad-skinned potatoes. These found end determined that It ill to handle such potatoes shall each requiremerwt11 could be eliminated al lmprectlceblc, unneccnory and contrnry seaaon prior to shipment apply for and some point in !he foture tr experience to the public lntereat to give prolimlnory obtain a Cetti£ica ta of Privilege rrom the Indicates that there is a viable market notice prior to putting this rule Into committee authoritlng shipment of tho for these small potatoes. effect ond thot good cause eidats for not potatoes for market expansion purposes: An editorial change Is being made postponing the errectlvc date of I.his Provided furthtlr. Thet any person who regarding tho special purpose action untll 30 daye aRer publication In ,o handle, potatoea for market nrqulrcmcnts for other 1han red*aklnned the Federal Reglaler for the followlns exponslon purposes eholl promptly potetoea. While the current regulation re11eons: l1J The harvo1t and shipment or report lh.e shipment. arodlng, ond usage apcclnes that llandlera apply for a "epecial purpose cortlncate," the propor to.rm is "Certinc:tte of Privilege." This la red-skinned potatoet has begun, and thl* relaxation of requirements ahould apply to as many shipments aa possible: or the potatof!S to the committee. D11u:d1August t8, 1938, the term used elsewhe1'11 fn the (2) po111to hnndlere are aware or this R.o~ C. Keeney. regulation. and this revision la made In action which was recommended by the !)fputy Otrccror, f'Nlt and Vosi:toblt1 the interest of consistency. committee at o public mecllng. and they Division, Section Bo of the Agricultural will not need addJtlon.a l lime to comply (1-'R Doc. 8&-18875 FUed &-1~ 8:45 em I M11rketing Agreement Act of 1937 with the changed requirements; (3) thla IIU.INO COO( M to-oi.- requires ths t when certain domeatlcnlly rule lfacllltatea the handling of red* produc~d commodities, tncludJng lrlsh skinned potatoce to meet current potatoes. are tcguJated under a Fedet8l consumer demend, 11nd expediting Its marketing order. lmporla or that effective dote wlll be advantageous 10 NUClEAR REGULATORY commodity must meet the same or producera and consumer* alike; and (4) COMMISSION comporoble grade. slic. quollty, or thla interim finnl rule provides a 30-day maturity requlremenll. Soctlo:n 8c olao comment period. and eJI comments 10 CFR Parts 2. 19, 20, 21, 51, 70, 72, provides that whenever two or more timely received will. be considered prior 73, 75 and 150 morkeling orders regulating a to the fine liiotion or I.he rule. Llcenalng Requirements for the commodity produced in difrerenl areas Utt ot SubJeets in , CPR Patt N.7 Independent Sto,.ge of $pent Nuclear or lhe United States em concurrently In Fuel Ind Hlgt,-Level Radioactive effect. the Secretary shall determine Marketing agreemml* and orders, which of lh1t areaa produces t'he Potatoes. Oregon. Califomla. w..,. commodity in mo1t direct compelilion For the reasons ael forth in lhe AOIHCV: Nucloar Regulotory with the Imported commodity. Jmpor11 preamble, 7 CFR Part 947 la amended us Commiuion.
!hen a1111t mHt the q11all1Y 1tandardt set tollows:
AeTIOlt Finol rule. for that partticulor area, Because the Import requirements for red-sldMed PART 947-IRISH POTATOES GROWN SUMMAflV: The Nuclear Waate Policy potatoes are based on the marketing IN MODOC AND SISKfYOU COUNTIES, AC'.t or tll82, at amended (NWPA) ordere cov.ering Wnshinaton potatoes CALIFORNIA, AND AU. COUNTIES IN require* that monltorild retrievable (M.O. 948) and Colorado M a No. 2 OREGON, EXCEPT MALHEUR OOUNTV ,torage faclllUH (MRS) for ,pent potatou (M.O, 948). theso changes in 1, The authority tltalion for 7 Cf'R nuclear fuel ond hlah-level radlosctJve the handling requirement* for Oregon- Perl 947 continues to read ae {ollowa: waata (HLW) be 1ubject to licensing by Colifomla potatoes will have no effect the Nuclear Regulatory CommlHlon on the potato Import regulation. A111thorltyt Secs. t - t9, 48 Stat. 31. DI (NRC). The NRC ii add1ng language to emel'lded: 7 u.s.c. 801~74, The lnfonnalion collection lta regul11tfon1 In 10 Cf'R P.art 72 to roqui.rementa contained In the 2. Section 947.340 1, amendod by provide for Uccnslng the ,torage of 1pe11t provialone or the regulaUons to be relflsillj paragraph (b) lo read 88 nuclear fuel and HLW In en MRS. The revised by I.hie in.torim final rule have follows: Commission Intends lo have the been previously approved by the Office Note...-Thl* *eirtion wl1!1 appear In the Code approprlAte regulation to fulfill the or Management and Budget (OMBl orFcidtral R11gulatlont. requirements or the NWPA ln place In a under tho provisions or 44 U.S.C. chapter llmely manner. 1'he rule would also, 35 nnd havo been assigned 0MB No. §947.340 HancttlnQ ~tton. clariCy certain Issues lhat have arisen 0581--011.2. This octlon reduce, the 11ince Part 72 was made effective on curront lnformeUon collectlom burden by (b) SiiB requiremo11t19. (1) Such November Z8. 1980 and incorporate ellminauns the reporting requltcmenta potatoes shipped to polnl.8 within the other ch1111ge, result111$ rrom public opplicoblc to shipment* oremail, high continental United Stales ehaU be at 1::ommenta received. quolil.y rcd-skfoned pot11ioe1. le881 2 Inches in diame ter or weigh at leo,1 4 ouncee. and such polatoea tFnCTIVE DATE: September 19. 1988, Bused o:n the above, the Adminislrator of AMS has determined that this ocllon shipped to export desllnatlona shall be ADOIIUSU: Coples of NtJREC--OS75. will not hove a ,ignlflcant eccnomic at least l 1/4 tncbee In dJameter. NUREG-1092. and NUREG-1140 mtty be impact on e substantial number of smoll (2) Red*aklnned varieties or potatofa purchased from lhe Superintendent of entitles. ma)I ~ *hipped wlthowt regard to any Documents, U.S. Government Printing After consideration of all relevant minimum alie requirement. tr they om1.e, P.O. Box 37082. Washtnaton. DC matter preaented. Including the otherwise grade at 10111 U.S. No. 1. 20013-7082. Coplea are also available lnformotion and recommenda tions (3) All non-red*skJnned verieties of Crom the Notlonol Techntc,JI Information tubmilled by the committee and other potntoea that measure leu than 11/4 Service, 6282 Port Royal Road. ovailoble fofonnallon, ii la found that lnchc, In diameter may be shlppod lf Springfield, VA 22161. A CQPY of each the rule. flt hettlnnfler act forth, will such potatoe& otherwlsevade at leA1t NUREC la also available for public STATUTORY ADD 141
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 191 of 245 31652 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations inspection and/or copying at the NRC Public Document Room, 1717 H Street al., Nos. 85-1757 and 86-1219, 824 F.2d 108 (U.S.C.A.D.C. August 4, 1987). Commission's regulations in 10 CFR Part 2 were sufficient to examine any new NW., Washington, DC. issues, (3) the NRC's normal systematic
- 2. Opportunity for Hearing Prior to the .
FOR FURTHER INFORMATION CONTACT: First Receipt of Spent Fuel or High- inspections are adequate to assure that Keith G. Steyer or C.W. Nilsen, Office of Level Radioactive Waste (HL W) construction was proper, (4) the nature Nuclear Regulatory Research, U.S. of the MRS is such that all issues could Nuclear Regulatory Commission, Comment: A new proposed § 72.46(c) be covered by the opportunity for public Washington, DC 20555, telephone (§ 72.34(c)) was added to 10 CFR Pert 72 review prior to issuing a license a nd (301)492-3824 or 492-3634, respectively. specifically providing that the starting construction. and (5) the SUPPLEMENTARY INFORMATION: On May Commission may, upon its own backfilling provision(§ 72.62 {§ 72.42)) 27., 1986, following Commission initiative, issue a notice of opportunity provides additional assurance that for hearing prior to the first receipt of significant issues may be ra ised by staff approval, the proposed revision lo 10 spent fuel or high-level radio-active CFR Part 72 relating to MRS licensing after the license is issued. Other reasons was published in the Federal Register waste et an MRS if it finds this to be in offered in ,objection to the new (51 FR 19106) for comment. The the public interest. In the supplementary provisions were that (6) there was no information in the Mey 27, 1986 basic difference between an MRS and comment period expired on August 25, Proposed Rule, the Commission 1988. an Independent Spent Fuel Storage indicated its own considerations on this Installation (ISFSl), (7) the small amount The NRC received 195 comment topic and expressed particular interest letters from utilities, engineering of solidified high-level waste which in receiving public comment on (1) the could be received could not justify any companies, State offices, environmental need to make e finding before MRS groups, private citizens. a nd a member change in procedure from an ISFSI, and operation that construction conforms to (8) the Safety Analysis Report (SAR) of the U.S. House of Representatives. the license application, (2) provisions for The comment letters from private update procedure will assure that any second stage hearing rights to address new issue will be known and citizens numbered about 145. (Some of specific new issues which could not these were signed by several individuals understood by NRC staff. have been litigated a t the first stage or were submitted on behalf of private and/or new information which has been Response: The Commission business firms.) From the comment revealed since issuance of the license, specifically added the new provision letters received, the staff identified 27 and (3) the format of the hearing, if held. and requested comments in order to separate topics to which specific Of the comment letters that addressed obtain as complete en understanding as responses were directed. Comments these points, some expressed no possible of whether or not any benefits were also received which addressed the preference, some favored the provisions. would accrue to the public from such a original rule, not the proposed some thought the provisions were procedure. This was done with full amendment. In response to the unnecessary. knowledge that the Atomic Energy Act comments, several changes have been The principal reasons given by of 1954, as amended, only requires one made to the proposed rule. The majority proponents of these provisions ere that hearing and that under the procedures in of these changes are mainly clarifying in the public will have more confidence 10 CFR Part 2 the opportunity always nature. that the MRS will be operated safely exists for any member of the public to In order to provide sufficient space to and that there should be a clear bring any new issues to the accommodate possible future opportunity to examine new issues Commission's attention.
- amendments to Part 72, the sections of which could be raised. Other comments In the comments received from the the final rule have been renumbered. To of proponents were that the Department public there was no indication that there aid the reader in following the of Energy has had poor public were likely to be any new safety issues discussion of comments in the preamble performance in the past, that the degree brought forward which could not have of the final rule, each reference to a of hazard is similar to nuclear power been fully addressed on the occasion of specific section of the final rule is reactors which require a two-stage the hearing held prior to issuance of the followed by a bracketed reference to the process, and thot the opportunity for a license. The licensing process of Part 72 parallel section of the proposed rule. second hearing could be an appropriate supports one-stage licensing as it A compilation of the issues raised as a time to examine technical/financial requires that all information needed for result of public comment and the information. Additional comments the licensing action be available and accompanying Commission response suggested that the rule require a second complete before a license is issued, i.e.,
follow: mandatory hearing and that funding be final design, quality assurance/ control
- 1. Backfilling provided for nonprofit groups to procedures, operator training participate in a second hearing. procedures, operating technical Comment: Several commenters On the topic of a finding it was specifications, etc. Unlike a reactor indicated that the proposed rule should suggested that (1) criteria be set forth for license where a construction pennit is incorporate the sense of the reactor any finding the Commission may make, issued prior to final design, an MRS backfilling ruJe set out in 10 CFR 50.109. and (2) the NRC inspections should application for license contains a final Response: Although these storage certify quality assurance and and complete design and therefore one-facilities are not like reactors but are, completeness of construction in an stage licensing is achievable. As to for the n;;os t part, static by nature v,rith inspection report prior to initiation of conformance of construction with the very IHUe need for design changes, the operation. One comment suggested that oppliontion and license, the Commi.s sion staff has revised the backfilling start-up of the MRS should be linked to believes that. unlike reactors, requirements of 10 CFR 72.62 (§ 72-42). the repository authorization oa an !soue construction of Part 72 type facilities The change is being made to conform at a second heating. will be simple and straightforward.
§ 72.62 (§ 72.42) more closely to § 50.109 The principal reasons given by those Accordingly, in the Commission's aa modified by the court decision in opposed to the new provielor.s fer a judgment, there will be no need, as par1 Union of Concerned Scientists, el al., v. second hearing were that (1) it would of the safety review prior to license U.S. Nuclear Regulatory Commission, e t cause unnecessary delay, (2) the issuance, to require an applicant to STATUTORY ADD 142
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 192 of 245 FederaJ Register / Vo l. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31653 "prove" ,:onformance or the as-bulh s. Emergency Plonnfna different part3 of the Commission's facility with the application. NRC would Comment: As discussed in regulations, the proposed requiraments oudit construction progress and, in the supplementary information to the for emergency plans in Parts 30. 40, a nd event some problems were found, proposed revisions to 10 CFR Part 72 the 70 contain substantially identical enforcement .-clion could be taken to provisions because thsy sre designed 10 rule was rewritten to set forth explicit correct them and, if necessary, halt the requirements appropriate to en ISFSl or protect the public against similar receip! of spent Juel until they were an MRS. rather than refer to Appendix B radiological hazards. Th2 !)roposed corrected. In this regard, § 72.82(c)(3) revision of Port 72 as published for to CPR Port 50, which is specific to (§ 72.5a(c)(3)1 provides for establishing nuclea r power reactors. Responders comment also requires applicants for on an NRC resident inspection program if commented on this change. Several ISPSI or MRS license to submit an warranted. thought that there should be a wider emergency plan (see§ 72.32 (§ 72.19).J dissemination of the emergency plan Allhough the texts of proposed § 72.19
- 3. Jnteroction with Stoles (redesignaled § 72.32} and the porallcl which an applicant would have to Comment: Comments were received prepare pursuant to the rewritten § 72.32 provisions or the proposed Emergency concerning providing of information to (§ 72.19), as well as a comment period Preparedness rule are not identical.
State and local governments end their longer than the specified 60 days. these provisions have the same purpose interar.lion in the licensing process with Another responder thought that 60 days and use the same approach. l o both DOE end the Commission. was adequate. Other comments were cases, the proposed regulaiions require Response: Under § 72.200 (§ 72.310) of tha t (1) sabotage of casks and terrorism. onsite emergency planning with provisions for offsitc emergency the proposed rule. the Governor and sabotage end military e ttack scenarios should be considered in an emergency response in terms of coordination and legislature or any State in which a monitored retrievable storage plan, (2) a fully developed and tested communicatio n with offsite authorities offsite emergency plan should be and the public. It is therefore installation may be located and the appropriate tha t in both cases these governing body of any aCfected Tndian developed. (3) the new version of§ 72.32 (§ 72.19) implies a need for offsite requirements should be expressed in the tribe will be provided timely and same way. . complete Information rega rding protective actions which le lncoJTect, (4) d.etermination s or plans made by the the supplementary information which Until the Commission promulgates the Commission with respect lo siting, will accompany the issuance of the final Emergency Preparedness rule in final development, design, licensing, rule should discuss worldwide form. it is not possible to ascertain experience and previous reviews and exactly the language that should be* construction, operation, regulation or decommission ing of such monitored studies as support for the new used. In view of these circumstances emergency planning provisions, and (SJ and since there is every expectation that retrievable storage facility. In response the emergency plan should continue to this period of uncertainty will be or to the comment, the Commission will be the same as that for nuclear power relutively short duration, we believe the change§ 72.200 (§ 72.310) "Provision of reactors. prudent course of action is to reserve MRS Information" to require that the § 72.32 (§ 72,19), Emergency pion, in the above information will a lso be provided Response: The basic concept of emergency planning in§ 72.32 (§ 72.19) final rule with the understanding that to each a ffected unit of local the text of this section will be gove_mment and to t1Je Governors of any has not been changed. None of the respondents provided any additional promulgated in final form as a contiguous States. The definition of conforming amendment when the "arrected unit of local government" information to the staff or questioned the staff analyses such as to change the Commission adopts and promulgates the which has been added to § 72.3 tracks final Emergency Preparedness rule or the definition used in the Nuclear Waste basis for the stafrs approach to emergency planning for on ISFSI or an shortly thereafter. We should point out Policy Amendments Act or 1987. (Sec. that the temporary absence from Purl 72 5002, Pub. L 100-203, 101 Stat. 1330-227 MRS. Moreover, in view of the relatively passive nature of facilities for the of requirements respecting emergency (CZ U.S.C. 10101 {31)).) Participation by plans does not present any difnculties persons, including Stales, in license receipt. handling and storage of spent fuel and high-level radioactive waste, as from a regulatory standpoint. To dote, reviews is as provided for in 10 CFR only three licenses have been issued Pert 2, Subpart C. co!'llpared to operating power reactors, emergency plans for ISFSI and MRS under Port n . Two licensees also hold
- 4. High Burn-Up Fuel need not be equivalent to emergency Part 50 licenses and are required to plans for reactors. comply with lhe provisions respecting Comment: :n response to a 1980 emergency plans set out i.n the Port. The pctl:ion for rulemaking, the Commission Since the proposed revision of Part 7Z was published for comment on May 27, Part 72 license held by the third licensee agr:::!d (51 FR 29233, June 28, 1986) to contains conditions relating to - ,,
1986, the NRC has published proposed prapare an environmenta l assessment emergency planning with which that amendments to 10 CFR Parts 30, 40, end on high bum-up fuel. The Commission's licensee must comply. 70 1 which would require certain NRC response concerning impacts of high Sabotage. terrorism. and military fuel cycle and other radioactive bum-up fuel should be provided. materials licensees that engage in attacks are not treated as emergency Response: The Commission Issued an activities thot may have the potential for preparedness issues. The Commission's e nvironmental assessment addressing a significant accidental release of NRC- established practice with respect to lhe subject or high burn-up fuel in licensed materials to establish and dangers of enemy oction is that lh2 f'2bruary 1968 "Assessment of the Use maintain approved emergency plons for prot~ction or the United States against or Ext:mded Burnup Fuel in Light Waler responding lo such accidents. Although hostile enecny acts Is a responsibility of Power .:teactors" (NUREC/CR-5009). applicable to persons licensed under the nation's defense establishment 3nd The e3sessmont concluded the various agencies having internal "Env:rcnmentelly, this burnup increase ' Plopo1ed rule on Eme,sency PropareJne11 (or security functions. Acts other than would have no significant Impact over Fuol Cyclo *nd Olher Radloaccl*e Mslorf,1 military are covered under a planning nonnal bumup," Ucel\lttS. S2 FR 12921. April 20. 1987. system Included In Subpart H or Part 72. STATUTORY ADD 143
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 193 of 245 31654 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations which contains requirements respecting its s tatutory responsibility. Under these being served in each instance, ln physical security and safeguards circumstances additional NRC oversight choosing a nominal deoey period of 10 contingency plans that are specifically is unnecessary end inappropriate. years and a five-year minimum decay designed to preclude the occurrence of As to possible conflicts in the period in the design parameters for the such acts. The primary purpose of an licensing end regulatory process MRS the Department of Energy (DOE) is emergency response plan is to prescribe between orders and procedures of the merely exercising its own prerogative to measures to be token to miligate the Department of Energy and NRC use e longer decay criterion for purposes effects of accidental releases of requirements, two government agencies, of fuel receipt. Selection of a five-year radioactivity. irrespective of their cause. the commenter provided no specifics minimum decay period also reflects Thus, in the unlikely event thpt there and the Commission is not aware of any DOE'a understanding that the spent fuel should be an accidental release of such conflict, The Department will be to be received al the MRS will already radioactivity by reason of an act of provided the same latitude as any other have decayed for periods of time likely ter rorism or an act of sabotage, licensee pursu11nt to § 72.142 (§ 72,101) lo be even much greater than five years protective actions would be taken es wherein it ia stated that .. the licensee et individual power reactor sites. The prescribed in the emergency response may delegate to othera, such as original analysis for Part 72 was baaed plan, just as they would be taken in the contractors, agents, or consultants. the on one-year decay. case of accidental release arriving Crom work of establishing and executing the other causes. quality assurance program, but shall B. Physical Security Pion
- 6. Department of Energy as Licensee for retain responsibility for the program... Comment: A few commenters were the MRS The Energy Reorganization Act of concerned about the proposed change in 1974, as amended, and the Nuclear the requirements of the physical security Comment: Respondents commented Waste Policy Act ofl,982. as amended, plan for the Department of Energy in on several aspects of the licensing of the provide that upon authorization by that the Department must provide a Department of Energy for the MRS. One Congress an MRS shalJ be subject to certification that ft will provide at the commenter requested that in every licensing by the Commission. MRS "such safeguards es it requires at instance in which there would be a Accordingly, no exemptions from the comparable surface DOE facilities to difference in requirement between the provisions of§ 72.60 (§ 72.41), promote the common defense and Department and other licensees, that ..Modification, revocation, a nd security." The concerns were that thi9 that difference should be specifically suspension of licenses.. and § 72.84 was an added requirement imposed only defined in Pert 72. Other commentel'8 (§ 72,57), "Violation" ere shown for the on the Department and that there was pointed out that the funding for the MRS Department. ln the exercise of this was from the Nuclear Waste Fund as . no definition of what a "comparable" broad statutory authority and consistent DOE facility would consist of.
stipulated in the NWPA and, therefore, with its customary practice in regulating the Department should be required, Response: For all licensees physical other Federal licensees, the Commission security plans are designed for two through Part 72, to show bow these ma,y impose penalties on the funds will be adequa te for operation and Department if there is sufficient purposes: (1) To protect against decommissioning. A further commenter justification. The Commission knows of sabotage and (2) to promote the common questioned the Department's authority no other differences between the defense and security. The chenge in the pursuant both to Part 72 and its own Department and other licensees for requirements of the physical security orders to delegate quality assurance which a change in Part 72 is warranted, plan Is intended lo be' consistent with 10 responsibilities to its contracto*l* One (The commenters recommended no CFR Part 60, "Disposal of High-1,evel commenter suggested that Part 72 should specific changes In this area,) Radioactive Wastes in Geologic permit revocation or suspension of the Repositories," wherein it is recognized Department's license for the MRS since 7. Minimum Decoy Period {Age) for that the Department already carries the NRC could not impose civil penalties Receipt of Spent Fuel these responsibilities for all of its for license violations. Comment: It was noled lhat there is a facilities. Response: As discussed in the seeming discrepancy between the The Department in carrying out its supplementary information to the minimum decay period (age) of spent responsibility to promote the common proposed revisions to Part 72, the fuel as specified in § 72.2 (c>ne year) and defense end security of all its faoiUties Department of Bnergy is exempted from a reference to the environmental can best identify the surface DOE certain financial reports, creditor analysis in NUREG-1140, ..A Regulatory facilities to which the MRS is most information and finaocial plans for Analysis on Emergency Preparedness comparable for purposes of physical deoommlssioning, As pointed out In the for Fuel Cycle and Other Radioactive secu_rity without the unnecessary burden comment above, funding for the MRS Material Licensees.. (five-year decay of an NRC definition of "Comparable.** will be from the Nuclear Waste Fund. assumed). Comparability in this context is a separately accountable from public Response: The minimum one-year function of the kinds end quantities of funds. Consistent with the principle of decay period in § 72.2 Is based on nuclear materials held at the facilities full cost recovery in section 302 of the assuring the decay of radioisotopes and the potential consequences of theft NWPA (96 Stat, 2257, 42 U.S.C. 10222) having half-lives on the order of a few or sabotage. However, the NRC staff this fund will provide all financial days or less. In actuality, the decay believes that the Receiving Basin for resources for the MRS, i.e., licensing. periods are likely to be much longer Off-Site Fuel at the Savannah River construction, operation end than one year. Accordingly, the NUREG- Plant may be an appropriately decommissioning. Since DOE is a 1140 analyses were based on the more comparable facility, federal agency and the status of the realistic, but still conservative, NWPA waste fund is reported to end assumption that five or more years of 9. Continous Cask MonitorinB Provision reviewed by the Congress yearly, the decay would have taken place for the Comment: Several commenters Commission believes that Congress will spent fuel for which an accident in a dry pointed out that the wording of the assure that adequate funds are available cask was assumed. This i_a not a provision In§ 72.122(h)(4J (§ 72,92(h)(4)J and appropriated for DOE to carry out discrepancy since different purposes ate for monitoring of storage confinement STATUTORY ADD 144
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 194 of 245 Federal Register / Vol. 53, No. 161 / Friday. August 19, 1988 / Rules and Regulations 31655 systems was inconsistent with section in the preamble of the existing rule (45 outside of an existing reactor basin is 141(b)(l)(B) of the NWPA (96 Stat. 2242, PR 74693, November 12, 1980) states that already regulated under the criteria of 42 U.S,C. 10161(b)(l)(Bl) wherein it is radionuclide releases from spent fuel Pa rt 72 and these criteria have been required that an MRS facility shall be which hail undergone at least a year of used in reviewing applications for designed to permit conlinous radioactive decay would not be additional fuel storage at reactor sites. monitoring. Another commenter significant in the event of tornado suggested that the State should missile impact, citing an accident 14. Cladding participate in the monitoring. evaluation from NUREG--0575 "Generic Comment: Opposition is expressed to Response: The difference in wording Environmental Impact Statement on any lowering of fuel cladding protection, between section 141(b)(t)(B) of the Handling and Storage ofSpent Light NWPA (96 Slat. 2242, §2 U.S.C. as provided for in the existing Water Power Reactor Fuels" with 1:J16l(b)(l)(Bl) and§ 72.122(h)f4) § 72.122()1)(1) (§ 72.92(h)(1)). gaseous radionuclide releases from (§ 7Z.92(h)(4)) was inadvertent. The staff water pool storage. With the continuing Response: The revision of this has corrected the wording or development of dry storage provision (i.e.. § 72.122(h)(1)
§ 72.122(h)(4) (§ 72.92(h](4)) in the fmal technologies, which include metal casks, (§ 72.92(h){1))) addressed confinement of rule to agree with the NWPA, As to concrete silos. dry wells, and air-cooled fuel material, which is the purpose or State participation in monitoring, this is vaults, the Commission decided the protecting the fuel cladding. The revised a matter to be resolved with the designs should take into account provision specifically provides for Department or as indicated in Response tornado missile protection. unless it is additional altems.Hve means or Number 3. shown that tornado missiles will not accomplishing this objective. This
- 10. Inspection and/or Monitoring have any effect on structures, systems serves lo enhance confinement and components important to safety. protection capabilit.y rather than Comment: In § 72.44(c)(3) While offslte gaseous release Impacts diminish it,
[§ 72.33(c)C3)) the words "inspection and from fuel rod rupture due to a tornado monitoring" have been changed to missile incident would remain 15. Rod Consolidation
Inspection or monitoring." Insignificant, It is important to assure Response: The-proposed change Comment: Comments were received that design criteria for dry storage concerning t)le Department of Energy's serves no useful purpose. The degree designs continue to address maintaining and method of inspection and confinement of particulate material. All plan to consolidate rods from spenl fuel monitoring will be dependent upon safety reviews for storage licensed assemblies into sealed pac)<ages. One design end operational limits for specific under Part 72. both water pool and dry commenter suggested inserting the word cases, The words "inspection and storage, have evaluated designs with "chemically" after the word "separated" monitoring" will be reinstated. respect to tomado missile impact. S'ince in the definition of spent nuclear fuel.
safety considerations drive the concern Another comment suggested that a
- 11. Foreign Fuel with respect to the tornado missile separate environmental impact Comment: One commenter expressed phenomenon, it is not necessary to statement be prepared on rod objection to the processing and storage expand that concern beyond "structures, consolidation. It was s1,1ggested that the of foreign spent fuel or HLW at the MRS systems, and components important to NRC give rod consolidation special and stated that it should be specifically safety," consideration and that it is not clear at prohibited. present whet requirements the NRC will Response: The reference to foreign 13, Use of Part 50 Criteria use for rod consolidation.
fuel in § 72.78 (§ 72.54) of the proposed Comment: To expedite the licensing Response: Rod consolidation is the rule was limited to material transfer process for facilities proposed on sites report requirements and was not most elaborate operation contemplated which currently possess a 10 CFR Part intended either to restrict or to permit 50 license, it was proposed that the for the MRS. The Department of Energy such processing or storage. Section applicable siting evaluation factors and in its proposal and elsewhere has 302(a] of the NWPA (96 Stat, 2257, 42 general design criteria which have been indicated its intention to fully develop U.S.C. 10222(a)) does specify only "high- reviewed and approved by the NRC for the rod consolidation process for level radioactive waste, or spent nuclear the Part 50 license be directly adopted iostallaUon and operation. The rod fuel of domestic origin" a nd therefore for the Part 72 facility without additional consolidation system must meet all Lie reference to foreign fuel at an MRS review. hearings or approvals. Adequate applicable portions of the general design will be removed. reviews and approvals have been criteria. There is no precedent for thJ! completed, and any change to those preparation of an environmental impact
- 12. Tomado Missile statement in connection with a single previously approved should be treated Comment* Commenter& have as a baokfit. system or a facility for which a complete disagreed with the deletion of the Response: The storage of an increased environmental impact statement will be exemption regarding protection against amount of spent fuel.on a reactor site, prepared. The aspect of rod tornado missile impact, that is, as over that covered under on existing Part consolidation will be covered in that expressed in the existing rule, ... *
- An 50 license, requires staff action th:rougb statement, as well as in the safety ISFSI need not be protected from safety and envlro*nmental reviews. In review and evalu11tion by the st11fT in tornado missiles * * ..., Another taking this action lo authorize additional connection with the application for an 1..ommenter who favors the deletion storage capacity for spent fuel, the staff MRS. The NRC does expect to be l<ept concerning protection from tornado will apply criteria from Part 50 or Part informed by the Department of its missiles would also have the restriction 72, depending on the type of licensing developmental activities prior lo receipt limiting its scope to "' .'
- structures, action being sought. Licensing action for systems, and components important to an ISFSI would use criteria contained in of an application.
safety" deleted. Part 72 and Part 50 would be used for The insertion of the word Response: The explanation of the amending an existing reactor license. "chemically" as suggested has been exemption for tornado missiles. set out Storage or spent fuel on a reactor site accepted by the stare for the final rule. STATUTORY ADD 145
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 195 of 245 31656 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations
- 16. Accident Analysis For Two Barriers licensed or unlicensed, that could Any liquid wastes generated at the Comment: A comment was received increase the probability or MRS wiU be handled in accordance with r~garding engineered barriers such as consequences of safety significant existing regulations, canisters, ... * .- the design basis events at licensed fa.cilities.
accident scenario (i.e., release of gap 23. Quality Assuranoe--Quo/ity Control
- 21. Definition of High-Level Radioactive activity from all fuel contained in a dry Waste Comment: Comments were associated cask) should be revised to account for with the apparent difference betw_e en cases in which canister or other Comment; Some commenters noted the quality assurance criteria proposed engineered barriers are incorporated." that the definition of "high-level and the previous quality assurance Response: Most cask designs do not radioactive waste" used in Part 72 was criteria.
incorporate canistering of spent fuel not the same as the definition used in 10 assemblies. Therefore, for purposes of CPR Part 60 and expressed the view that Response: The propo11ed rule quality this rulemaking, choice of a lesser the two definitions should be consistent. assurance subpart was written to accident scenario assuming canistering Response: Since it was first incorporate the previously referenced 10 is not appropria le for a bounding promulgated in November 1960 for the CFR Pa_rt 50, Appendix B quality analysis. In a safely review involving a purpose of establishing licensing assurance criteria specifically into Part specific design. which incorporates an requirements for the storage of spent 72. There was no intent to change the additional engineered barrier, the design fuel in an independent spent fuel storage criteria. Minor conforming changes have basis accident scenario should, of installation, Part 72, unlike Part 60, has been made in the final rule. course, consider this addition in the always contained a separate d efmition 24. Criticality review analysis. of spent fuel. In revising Pa rt 72 to
- 17. Records provide for licensing the storage of spent Comment: A comment was received fuel and high-level radioactive waste in concerning the removal of the Comment: Comments were received an MRS, the Commission has revised requirement for verifying continued concerning archiving of records: by the definition of spenl fuel to conform efficacy of solid neutron poisons.
whom and how long? more closely to the definition set out in Response: The proposed rule is Response: Several changes have been section 2(23) of the Nuclear Waste made to the criticality section of the consistent with current NRC polioy Policy Act of 1982, as amended (96 Stat. concerning retention periods for records, final rule to make it co1Tespond to other 2204, 42 U.S.C. 10101(23)). The Parts of the Commission's regulations The specifir. details of I.heir physical Commission bas also 11mended § 72.3 by storage is action taken at time of and standard criticality review adding a definition of high-level practices. Verification of solid neutron licensing. radioactive waste" which conforms to poisons has been retained. Double
- 18. Operator Safety the language used In section 2(12) of that Act (42 U.S.C. 10101(12)), The definitions contingency criteria and requirements Comment: Comments were received o[ spent fuel and high-level radioactive for criticality monitors have been added.
concerning design for At.ARA. ll is not the intent of the revision Response: The licensee is responsible waste used in Part 72, though not identical to the definition of high-level concerning criticality monitors to for meeting tl1e requirementa of 10 CFR require monitors in the open areas Part 20 "Standards for Protection radioactive waste used in 10 CFR Part 60 which encompasses "irradiated where loaded casks are positioned for Against Radiation," and all its storage as that system ls static. provisions for maintaining ALARA. In reactor fuel," are not inconsistent with that definition. It should be noled, Monitors are requ_ireil where the addition § 72.24 ( § 72.15) Contents of systems are dynamic. Application: Technical lnfonnation however, that as explained in the requires applic11nts for a license to Commission's advance notice of 25. MRS Storage Capacity supply informnlion for mainta ining proposed rulemaking relating to the Al.ARA for ocr.upalional exposure. definition of high-level radioactive Comment: Commenters questioned the waste (52 FR 5992, February 27, 1987), MRS storage capacity as stated in the 19, MRS Collrlf'olion wil.h Waste the definition of high-level radioactive proposed rule in §§ 72.1 and 72.96 Repository waste used in Part 60 serves a CU 12.1 and 72.75). Comment:* .. nmenter suggested jurisdictional function, specifically Response: In lhe proposed rule, MRS expanding Ii,. , tion for collocation identification of the cla.ss of Department storage capacity values are based on the with rcpositor~ 10 include other of Energy facilities that, under section NWPA, a~ approved by Congress. (See facilities. 202 of the Energy Reorganization Act of section 1as(a){l)(A), 96 Stat. 2232, 42 Response: 'l'h., c.ollocation restrlctione 1974 [42 U.S.C. 5842) are subject to the U.S.C. 10155{a)(l)(A) and section 114(d). in§ 12.gs (§ 72 :~J are specifically licensing and related regulatory 96 Stat. 2215 as amended by 101 Stat. included in oni"r lo comply with authority of the Commission. 1330-230, 42 U.S.C. 10134(d) and section sections 141(!:) .. nd 145(g) of the NWPA 22. High Level liquid Waste 141(g), 96 Stat. 2243, 42 U.S.C. 10t61(g)). (96 Stat. 2243, -. ! U.S.C. 10161(g): 101 In addition. the Nuclear Waste Polir,y Stat. 1330-235, 42 U.S.C. 10165(gl). (See Comment: Several commenters were concerned about the storage of liquid Amendments Act of1987 provides tha t also section 135[aJ(2J, 96 Stat. 2232, 42 the MRS authorized by section 142(b) of U.S.C. 101SS(a )(2).J High-Level Waste (HLW). Response: The MRS will be designed NWPA (101 Stat. 1330-232, 42 U.S.C,
- 20. MRS Collocation with Other Nuclear end licensed for the storage of irradia led 10162(b)) shall be subject to the storage Fooilities fuel and solidified waste from the cspacity limits specified in sections Comment: Commenter was concerned processing of fuel. The MRS will not 148(d) (3) and (4) (101 Stat. 1330-236, 42 about other nuclear facilities that are receive liquid HLW and the form of the U.S.C. 10186(d) (3) and (4)). These not licensed. solid waste stored will be that which is requirements have been incorporated in Response: The licensing process compatible with the requirements for new § 72.44(g) which hes been added to considers all activities and focilitieB, permanent disposal In a repository. the final rule.
STATUTORY ADD 146
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 196 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31657
- 26. The Term-"Temporary Storage" have a 40-year license term. Further Commission license for the monitored Comment: Comments objected to the explanation of the basis for the license retrievable storage installation removal of the term ..Temporary term was also requested. All of the authorized pursuant to section 142(b) of Storage" from § 72.3 Definitions and the commenters seemed to concentrate on a 'the NWPA (101 Stat.1330-232, 42 U.S.C.
removal of the word "temporary" from license for the spent fuel rather than a 10162(b)). For an explanation of these
§ 72.2 Scope.
license covering a facility for storage. conditions, see 133 Cong. Rec. H11973-* Response: An MRS as described in 75 and S18883-84 (daily ed. December Response: In making these changes, the NWPA is intended for storage, but 21, 1987).
- the Commission does not intend to nor necessarily for the same fuel since change the scope of Part 72 which Having considered all of the above, fuel will continually be moved in and the Commission has determined that a relates to the licensing of ISFSI and out over the life of the facility in concert MRS for the purpose of storage only. final rule be promulgated. The text of with operation of a repository. A longer the final rule has some changes as noted Part 72 does not nor is it intended to license term is therefore appropriate for cover permanent disposal. Accordingly, from the proposed rule.
an MRS considering the purpose and use of the word "temporary" in the rule mode of operation of the facility. Finding of No Significant Environmental is non-definitive and unnecessary. In contrast to the MRS, the spent fuel Impact
- 27. MRS Rule Making stored in an ISFSI at reactor sites or The Commission has determined not e]s*ewhere will be collected until the to prepare an environmental impact Comment: Many commenters Department of Energy waste disposal (approximately 150), through the use of statement for the proposed amendments system is ready for its receipt. The to 10 CFR Part 72, "Licensing form letters or paraphrasing, did not current schedule indicates that this want the MRS in Tennessee, did not Requirements for the Independent transfer from reactor sites to an MRS Storage of Spent Nuclear Fuel and High-support any form of rulemaking until could begin to occur within about 10 Congress had authorized the MRS Level Radioactive Waste."
years. The Commission has in place a NUREC-o575, " Final Generic through funding appropriation, and license renewal process for ISFSI made reference to "license it twice." Environmental Impact Statement on storage which provides an opportunity Handling and Storage of Spent Light Response: The Nuclear Waste Policy for extension of the 20-year license term, Amendments Act of 1987 authorizes the Water Power Reactor Fuel,"*August with staff reevaluation of safety and
- 1979, was issued in support of the final Department of Energy to site, construct environmental aspects of the operation.
and operate one MRS and prescribes rule promulgating 10 CFR Part 72. In any event the systematic inspection "Licensing Requirements for the Storage procedures for the selection of an program of the Commission wherein the appropriate site. The Act expressly of Spent Fuel in an Independent Spent licensee's adherence to all license annuls and revokes the Department's conditions and technical specifications Fuel Storage Installation ISFSIJ," which proposal "to locate a monitored is continually being examined applies to became effective November 28, 1980. On retrievable storage facility at a site on both MRS and ISFSI storage over the January 7, 1983, the Nuclear Waste the Clinch River in the Roane County Policy Act of1982 was signed into law. entire period of a license. The On December 22, 1987, the Act was portion of Oak Ridge, Tennessee, with Commission will provide a 40-year alternative sites on the Oak Ridge license term for an MRS in the final rule. amended by the Nuclear Waste Policy Reservation of the Department of Energy On December 22, 1987, the Nuclear Amendments Act of 1987 (Pub. L 100-and on the former site of a proposed Waste Policy Amendments Act of1987 203, Title V, Subtitle A, 101 Stat. 1330-nuclear powerplant in Hartsville, (Subtitle A of Title V of the Omnibus 227). Section 142(b) of the amended Act Tennessee * * *" (Section 142(a), 101 Budget Reconciliation Act for Fiscal (101 Stat. 1330-232, 42 U.S.C. 10162(b)) Stat. 1330-232, 42 U.S.C. 10162(a)). The Year 1988; Pub. L. 100-203, 101 Stat. authorized the Secretary of the Commission's regulations are
- 1330-227) was approved by the Department of Energy to site, construct promulgated to permit the Commission President and became public law. The and operate one MRS. NWPA also to carry out its ma ndate of providing for 1987 emendments authorized the established procedures which a State or the health and safety of the public. Secretary of the Department of Energy an Indian tribe may use to negotiate an Except for the siting limitations in to site, construct and operate one agreement with the Federal Government
§ 72.96 (§ 72.75) of the final rule, which, monitored retrievable storage facility under which the State or Indian tribe among other things, prohibits an MRS subject to certain statutory conditions would agree to host an MRS within the authorized by section 142(b) of NWPA (sec. 142(b], 101 Stat. 1330-232, 42 U.S.C. State or reservation. Following (101 Stat. 1330-232, 42 U.S.C. 10162(b)) 10162(b )). As a result of these changes in enactment of legislation to.implement from being constructed in Nevada, the the statute, it has been necessary to the negotiated agreement, the Secretary Commission's regulations are silent on make certain conforming changes in the of the Department of Energy could the location of an MRS. The "license it text of the final rule. Most of the proceed to evaluate appropriate sites.
twice" concept is addressed in Response changes are minor in nature. For As in the case of the MRS authorized by Number 2. example, references have been added to section 142(b) of NWPA (101 Stat.1330-the authority section and conforming 232, 42 U.S.C. 10162(b)J, DOE must also
- 28. Increase of Licensing Period for the obtain an NRC license for an MRS changes have been made In the MRS authorized by Congress pursuant to a following sections of the rule.:
Comment: Comments questioned the §§ 72.22(d)(5), 7UO(b), 72.00(e) and negotiated agreement, The NRC staff Commission's basis, es described in the 72.86(d} [§§ 72,14(d)(Sl, 72.St (bJ, 72.70(e) has concluded that although existing 10 statement of considerellons for the and 72,7S(dJ). A new paragraph (g) has CFR Part 72 is generally applicable to proposed changes io Part 72, for been added to § 72,44 [§ 72.33), L.icense the design, construction, opera lion, and providtng a longer license term for 11n conditions, to incorporate into the decommissioning of MRS, additions al'f' MRS (40 years) than for an ISFSI (20 Commission's regulations the speciJic necessary to explicitly cover the years), Comments also included (1) the statutory conditions (see sec, 148(d) of licensing of spent nuclear fuel and high-term should start with the receipt of the NWPA, 101 Stat. 1330-236, 42 U.S.C. level radioactive waste storage in a11 spent fuel, and (2) lSFSI should also 10168(d)) which must be included in a MRS, In August 1984, the NRC published STATUTORY ADD 147
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 197 of 245 31658 Federal Register / Vol. 53, No. 161 / Friday. August 19, 1988 / Rules and Regulations an environmental assessment for this will not have a significant economic Security measures, Special nuclear proposed revision of Part 72, NUREG- impact on a substantial number of small material. 1092, "Environmental Assessment for 10 entities. This fin a I tula affects only th,e 10 CFR Port 12 Cf'R Part 72. Licensing Requirements for licensing and operation of Independent th e Independent Storage of Spent Fuel spent fuel storage installations and of Manpower training programs. Nuclear and High, Level Radio11ctive Waste." monitored retrievable storage materials, Occupational safety and NlJREG-1092 discusses the major 1ssues installations. The owners of these health, Reporting and recordkeeptng of the rule and the potential impact on installations, nuclear power plant requirements, Security measures, Sptmt the environment. The findings of the utilities or DOE. do not fall within the fuel. environmental assessment are "(1) pest scope of the definition of "small experience with waler pool storage of entities set forth in section 601[3) of the 10 CFR Port 73 spent fuel establishes the technology for Regulatory Flexibility Act or within the Hazardous materials-transportation. long-term storage of spent fuel without definition of "small business" in section Incorporation by reference, Nuclear affecting the health and safely of the 3 of the Small Business Act, 1.5 U,S.C. materials, Nuclear*power plants and public, (2) the proposed rulemaking lo 632, or within the Small Business Size reactors, Penalty, Reporting and include the criteria of 10 CPR Part 72 for Standards set out in regulations issued record.keeping requirements, Secutit.y storing spent nuclear fuel and high-level by the Small Business Administration at measures. radioactive waste does not significantly 13 CFR Part 121. a ffect the environment, (3) solid high- J0CFRParrt 75 level waste is compa.rable to spent fuel List of Subjects Intergovetlillllental relations, Nuclear in its heat generation and in its tOCPR Portz materials, Nuclear power plants and radioactive material content on a per reactors, Penalty, Reporting and metric ton basis, and (4) knowledge of Administrative practice and procedure. Antitrust. Byproduct recordkeeping requirements, Security material degradation mechanisms under material, Classified information, measures. dry s torage conditions and the. ability to institute repairs in a reasonable manner Environmental p11otection, Nuclear 10 CFR. Part 150 without endangering the health [and materials, Nuclear power plants and safely] of the public shows dry storage teactors, Penalty, Sex discriniination, Hazardous materlals--transporlatlon. technology options do not significantly Source maferial, Special nuclear lritergovemmental relations, Nuclear impact the environment." The material, Waste treatment and disposal. materials. Penalty, Reporting and assessment concludes that, among other recordkeepin.g requirements. Security 10 CFR Part 19 measures, Source material. Special things. there are no significant environmental impacts as a result of Environmental protection, Nuclear nuclear melf!'riBl. promulgation of these revisions of 10 materials, Nuclear power plants and For the reasons set out in the CPR Part 72. reactors, Occupational safety and preamble and under the authority of the B13sed on the above assessment the health, Penalty, Radiation protection. Atomic Energy Act of 1954, as amended, Commission concludes that the Reporting and recordkeeping the Energy Reorganization Act of 1974, rulemaking action will not have a requirements, Sex discrimination, as amended; 5 U,S,C, 652 end 553, and significant incremental environmental 10 CPR Part 20 the Nuclear Waste Policy Act of198Z, as iJt1pact on the quality of the human amended, tbe NRC is adopting the environment. Byproduct material, Licensed following revision to 10 CFR Pan 7Z and material, Nuclear materials, Nuclear related conforming amendments to 10 Paporwork Reduction Act Statement power plants and reactors, Occupational CFR Parts 2, 19, Z0, 21, 51, 70, 73, 75, and This final rule amends information safely and health, Packaging and 150 colhiction requirements that are subject containers, Penalty, Radiation l. 10 CPR Part 72 ls revised to read as lo the Paperwork Reduction Act of 1980 protection, Reporting a11d recordkeeping follows: l44 IJ.S.C. 3501 et seq.). These requirements, Special nuclear material, requirements were approved by the Souroe material, Waste treotment and PART 72- LICENSINO Office of Management and Budget disposal. REQUIREMENTS FOR THE approval number 3150-0132. 10 CPR Part 21 INDEPENDENT STORAGE OF SPENT Regulatory Analysis NUCLEAR FUEL AND HIGH-LEVEL Nuclear power plants and reactors, RADIOACTIVE WASTE The NRC has prepared a regulatory Penalty, Radiation protection, Reporting analysis on tllis final rule. The analysis and recordkeeping requirements. Subpat1 A-General Provlelone exR mines the benefits and alternative, 10 CFR Port 51 See, considered by the NRC. The analysis is Administrat.ive practice and 12.1 Purpose. available for inspection in the NRC procedure, Enviwnmental impact ?2.2 Scope. Pul,lic Document Room, 1717 H Street 72.3 Definltlona, NW .. Washington. DC. Single copies of statement, Nuclear ma terials. Nuclear 12.4 Communications. the analysis may be obtained from C.W. power plants and reactors, Reporting 72,5 lnlerprelutions. Nilsen, Office of Nuclear Regulatory and recordkeeping requirements. 72,8 License rrequired: typeu of license,, Research, U.S. Nuclear Regulatory 10 CFR Port 70 72.7 Specific exemptions. Commission, Washington, DC 20555 72.8 Denial of licenalns by Agreement (301--492-3834). Ha:tardous materials-transportation, Stutes. Material control and accounting, 72.9 lnformntlon collection requirements: Regulatory Flexibility Certification Nuclear materials, Packaging and 0MB approval. In accordance with the Regulatory containers, Penalty, Radiation 72,lO Employee protection. Flexibility Act of1980 (& U.S.C. 605(b)), protection, Reporting and recordkeeping 72.11 Co111pletenc,e nnd accuracy of the Commission certifies that this rule requirements, Scientific equipment, in£ormatlon. STATUTORY ADD 148
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 198 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rule's and Regulations 3l659 Sea. Sec. Pub. L. 100-203, 101 Stat. 133G-'2JS (42 U.S.C. Subpart B-Ucense Appllcatlon, Form, and 72.128 Criteria for spent fuel, high-level 10165(g)). Subpart I also i!tsued under ,ccs. Contents radioacti ve was1e. end other rudioacllve 2(2). 2(15), 2(t9), 117(o). 141(hl. Pub. L. 97-425., 72.16 Filing of application for 9peoi£io waste atorage ond handling, 96 Stat. 2202, 2203. 2204. 2222. 2244 (42 U.S.C. 72.130 Criteria for decommissioning. 101Q'J, 10137(11), 10101[hJ). license. 72.18 Elimination of repetition. Subpart G-Ouatlty Assurance f or the purposes of sec. 223, 68 Slat. 958, as 72.20 Public inspection of application. 72,140 Quality assurance require~ents. emended (42 U.S.C. 2273); §§ 72.6. 72.22, 72,22 Contents of application: General end 72.24, 12.26. 72.28(dl. 7Z,3o. 72.32. 72.44 (11) (bl 72.142 Quality assurance organization. (1], 141, (5). (c). (d) (1), (2), (c), (f/, 72"18(111. financial lnfonnation. 72,144 Quality assurance program. 72.24 Contents or epplica'tion: Technical 72.146 Design control. 72.SO(a). 72.52(b). 72.72 (b}. (cl, 72.74 (8) (b), information, 72.148 Procurement document cmntrol. 12.16. n.10. 12.104. n.100. n .120. 12.1 22, 72.26 Contents of application: Technical 7Z.l50 Instructions, procedures, and 72,124, 72,120, 72.128, 12.130, 72.140 (h). (cl, specifications. drawings. 72.148, 72,154, 72.158. 72.160, 72.166. 72.168. 72.28 Contents of application: Applicant's 1Z.15Z Document control. 7~.170, 1i.1n, 72.176, 72.180, 72.164, 72.180 are technical qualifications. 72.154 Con1rol or p1irchased material. i9s11ed under sec. 161b. 68 Stal. 948, as 12.30 Decommissioning planning, including equipment. and service~. amended (4Z U.S.C. 2201(bl): §§ 72.10 (a), (e). financ.ing and recordkeeping. n.156 Identification and control of 12.az. n ,211. 72.28, 72.28, 72.30. 72.32. 72.44 (a}. 72.32 Emergency plan. materials, purls. and components. (b) (1), (4), (5). (c). (di {l). (2) (e). (f), ?2,48(a), 72.34 Environmental report. 72.158 Control of special pro0esses. 72.SO(a). 7Z.52(b), 72.90 (a}-{d), (fl, 72.92, 72.94. 72.160 Licensee inspection. 72.98. 72.100, n .102 (c). (d). (f/. 72.104, 72.106. Subpart C-tssuance and Condition, of 72.162 Test control. 72.120, 72.122, 72.124. 72.126, 72.128. 72.130. Uconae 72.184 Control of measuring and test 72,140 (bJ, {c), 12.142, 72.144, 72.146. 12.148. 72.40 Issuance of license. equipment. 72.150, ?2.152, 72.154, 7:2.1 56, 72.158. 12.100, 72.42 Duration orlicense: renewol. 72.100 Handling, storege, and shipping 12.182, 72.164, 72.166. 72.168. 72.170, 72.172. 72.44 License conditions. control. 72.178, 72.180, 72.162. 7.2.164, 72,186, 7Z.190. 72.168 Inspection. test. and operating status, 72.46 Public hearings. 72.192, ?Z,194 are issued under sec. 161i, 68 72.170 Nonconforming materials, parts. or 72.48 Changes, tests, end experiments. components. Stat. 949. as amended (42 U,S.C. 2201{i)): nnd 72.50 Transfer of license. 72.172 Corrective action.
§§ 72.lO(e). 72,11, 7i.t0, 72.22, 72.24, 72.26, 72.52 CredJtor regulation&. 72.1 74 Q11allly assurance records. 72.28, 72.30, 72.3?, 72.44 (b)(3), (c)(5). fd)(3).
72.54 Appllcatiori for termination of license. 72.178 Audits. (e). (f), 7Z.48 (b), (c), 72.50(b), 72.54 (e), (I.>), (cJ. 72.56 Application for amendment or license. 72.58, 72.70, n.12, 72.14 (nJ, (b). 72.76(11). 72,58 Issuance of amendment. Subpart H-f'hyalcal Protection 72.78{a}, 72.80, 72.82. 72.92(b}. 72,94(b), 12.140, 72.00 Modlf'ioalion. revocation, and 72.180 Physical security plan. (b), (cJ, (d), 72.144(a), 72.146. 72.148, 72.150. suspension of license. 72.182 Design for physical protection. 72.152, 72.154 (e), (bl, 12.1so, 72.160, 72.162. 72.62 Back.fitting. 72.184 Safeguards contingency plan. 72,168, 72.170, 72.1 72, 7 2.174, 72.176. 72.180, 72.186 Changes to physical security and 72.164, 72.186. 72.192 are is5ucd under sec. Subpart o-RKOrdt. Reports, ln*Pflltlona, 111ofcguerds contingency plans. 1010. 68 Stal, 950, as amended (42 U.S.C. and Enforcement 2201(0)). Subpart I-Training and C*ertlficatlo n of 72-.70 Safety onalyais report updeting. Personnel 72.72 Material balance, inventory, and Subpart A-General Provisions records requirements for stored 72.190 Ope rotor requirements. material,. 72.192 Operator training and certHicalaon § 72. 1 Purpose. 72,74 Reports of accident11l crilfcaJity or loss program. The regulations in this port establish of special nuclear materiel. 72.194 Physical requiremenls. requirements, procedures, and criteria 72.76 Material status reports. Subport J-Provlaton of M AS Information to 1 for the issuance of Ucenses to receive, 72.18 Nu.clear material transfer reports. State Governments and lndlan Trlbea transfer. and possess power reactor 72.80 Other records and reports. Provision or MRS irnfonnallon, 72.82 ln11pectiona end tests. 72.200 spent fuel and other radioactive 72.202 Participation in license reviews. materials associated with spent fuel 72.64 Violations. 72,204 Notice lo Stales. storage in an independent spent fuel Subpart E-Sltlng Evaluation Facto.-. 7:1,208 Representation. storage installation (ISFSI) end lhe 72.90 General considerations. Authority: Secs. 51, 53, 57, 62, 63, 65, 89, 81, terms and conditions under which the 161, 182, 183,184,186, 187, 189, 68 Slat. 929, 72.92 De:sign basis external netural events. Commission wlll issue such licenses, 930, 93Z, 933, 934, 935, 948,953,954, 955, 88 72.94 Design basis external man-induced ameaded, sec. 234, 83 Stet. 444, as amended including licenses lo the U.S. evenls. (42 u.s.c. 2071, 2073, 2071, 2092, 2093, 2095, Department of Energy (DOE) for the 72.98 Siting limitations. 2099. 2111, 2201, 2232, 2233. 2234. 2236, 2237, provision of not more lhan 1900 metric 72.98 Identifying regions around en ISFSI or 2238. 2282): sec. 274, Pub. L. 88-373, 73 Stat. tons of spent fuel storage capacit.y at MRS site, 668, es amended (42 U.S.C. 2021); sea. 201,*ee 72.100 Defining potential effeot9 of the ISFSI faciHlies not owned by the Federal amended. 202. 206, 68 Stat. 1242. ea amended, Government on January 7, 1983 for the or MRS on the region. 1244, 1M6 [42 U.S.C. 5841, 5842. 5846): Pub. L. 72.102 Geological ond seismological FederaJ interim storage program under 9 ~ . sec. JO, 92 Stat. 2951 [42 U.S.C. S8Sl ); characteristics. sec. 102, Pub. L, 91.-190, 83 Stat. 853 (42 U.S.C. Subtitle B-lnterim Storage Program of 72,104 Criteria for radioactive materials in 4332): secs. 131, 182, 133, 135, 137, 141, Pub. L the Nuclear Waste !Policy Act of1982 ernuenle and direct radiation from an 97-425, 96 Stat. 2.229. 2230, 2232. 2241, sec. (NWPA). The regulalions in this parl ISFSJ or MRS. 148, Pub. L 100-203, 101 Stet. 1330-235 {42 also establish requirements, procedures, 72.106 Controlled orea or an ISFSJ or MRS. U.S.C, 10151. 10152. 101sa. 10155, 10157, 10161, and criteria tor the issuance of licenses, 72,108 Spent fuel for high*level radioactive 10188). to DOE to receive, transfer, package, waste transportation. Section 72.44(g) also loued under secs. end possess power reactor spent fuel, 142(b) and 148 (c), (d). Pub. L. 100-203. 101 high-level rodiooctlve waste, and other* Subpart f-General Design Criteria Stat. 1330-232, 133C>-236 (42 U.S.C. 10102(b), 72.120 General considerations, 10168 (c), (d)I. Section 72,46 alao laaued under radioactive materia ls associa ted with 72.lZZ Over11II requirements. sec. 169. 68 Stat. 955 {42 U.S.C. 2239); sec. 134, the spent fuel and h igh*level radioactive 72.124 Criteria for nuclear criticality sufety. . Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154), 1 waste storage, in 8 monitored 72.126 Criteria for raJlologlcal protection. Section 72.96(d) 11lso iuued under sec. 145(s). retrievable storage installa tion (MRS). STATUTORY ADD 149
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 199 of 245 31660 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations
§ 72.2 Scope. "Affected Indian tribe" means any as barriers between areas containing (a) Except as provided in § 72.6(b), Indian tribe- radioactive substances and the licenses issued under this part are (1) Within whose reservation environment.
limited to the receipt, transfer, boundaries a monitored retrievable "Controlled area" means that area packaging, and possession of: storage facility is proposed to be immediately surrounding an ISFSI or (1) Power reactor spent fuel to be located; MRS for which the licensee exercises stored in a complex that is designed and (2) Whose federally defined authority over its use and within which constructed specifically for storage of possessory or usage rights to other lands ISFSI or MRS operations are performed. power reactor spent fuel aged for at outside of the reservation's boundaries "Decommission" ineans to remove (as least one year, and other radioactive arising out of congressionally ratified a facility) safely from service and materials associated with spent fuel treaties may be substantially and reduce residual radioactivity to a level storage in an independent spent fuel adversely affected by the locating of that permits release of the property for storage installation (ISFSI): or such a facility: Provided. That the unrestricted use and termina tion of (2) Power reactor spent fuel to be Secretary of the Interior finds, upon the license. stored in a monitored retrievable petition of the appropriate governmental "Design bases" means that storage installation (MRS) owned by officials of the tribe, that such effects information that identifies the specific DOE that is designed and constructed are both substantial and adverse to the functions to be performed by a structure, specifically for the storage of spent fuel tribe. system, or component of a facility and aged for a t least one year, high-level "Affected unit of local government" the specific values or ranges of values radioactive waste that is in a solid form, means any unit of local government with chosen for controlling parameters as and other radioactive materials jurisdiction over.the site where an MRS reference bounds for design. These associated with spent fuel or high/level is proposed to be located. values may be restraints derived from radioactive waste storage. "As low as is reasonably achievable" generally accepted "state-of-the-art" The term "Monitored Retrievable (ALARA) means as low as is reasonably practices for achieving functional goals Storage Installation" or "MRS," as achievable taking into account the state or requirements derived from analysis defined § 72.3, is derived from the of technology, and the economics of (based on calculation or experiments) of NWPA and includes any installation improvement in relation to- the effects of a postulated event under that meets this definition. (1) Benefits to the public health and safety, which a structure, system. or component (b) The regulations in this part must meet its functional goals. The pertaining to an independent spent fuel (2) Other societal and socioeconomic considerations, and values for controlling parameters for storage installation (ISFSI) apply to all external events include: (1) Estimates of persons in the United States, including (3) The utilization of atomic energy in the public interest. severe natural events to be used for persons In Agreement States. The deriving design bases that will be based regulations in this part pertaining to a "Atomic energy" means all forms of energy released in the course of nuclear on consideration of historical data on monitored retrievable storage the associated parameters. physical installation (MRS) apply only to DOE. fission or nuclear transforma lion.
"Byproduct material" means any data, or analysis of upper limits of the (c) The requirements of this regulation physical processes involved and (2) are applicable, as appropriate, to both radioactfve material (except special wet and dry modes of storage of (1) . nuclear material) yielded in or made estimates of severe external man-radioactive by exposure to the radiation induced events to be used for deriving spent fuel in an independent spent fuel design bases that will be based on storage installation (ISFSI) and (2) spent incident to the process of producing or fuel and solid high-level radioactive utilizing special nuclear material. analysis of human activity in the region waste in a monitored retrievable storage "Commencement of construction" taking into account the site installation (MRS). means any clearing of land, excavation, characlerislics and the risks associated (d) Licenses covering the storage of or other substantial action that would with the event.
spent fuel in an existing spent fuel adversely affect the natural environment "Design capacity" means the quantity storage installation shall be issued in of a site, bur does not mean: of spent fuel or high-level radioactive accordance with the requirements of (1) Changes desirable for the waste, the maximum burnup of the spent this part as stated in § 72.40, as temporary use of the land for public fuel in MWD/MTU, the curie content of applicable. recreational uses, necessary borings or the waste, and the total heal generation (e) As provided in section 135 of the excavations to determine subsurface in BTU per hour that the storage Nuclear Waste Policy Act of 1982, Pub. materials and foundation conditions, or installation is designed to accommodate. L. 97-425, 96 Stat. 2201 at 2232 (42 U.S.C. other preconstruclion monitoring to "DOE" means the U.S. Department of 10155) the U.S. Department of Energy is establish background information Energy or its duly authorized not required to obtain a license under related to the suitability of the site or to representatives. the regulations in this part to use the protection of environmental values: "Floodplain" means the lowland and available capacity at one or more (2) Construction of environmental relatively Oat areas adjoining inland and facilities owned by the Federal monitoring facilities; coastal weters including floodprone Government on January 7, 1983, (3) Procurement or manufactUJ'e of ureas of offshore islands. Areas subject including the modification and components of the installation: or to a one percent or grca ter chance of expansion of any such facilities, for the (41 Construction of means of access to flooding in any given year are included. storage or spent nuclear fuel from the site as may be necessary to "High-level radioactive waste" or civilian nuclear power reactors. accomplish the objectives of paragraphs "HLW" means (1) the highly radioacive (1) and (2) of this definition. material resulting from the reprocessing
§ 72.3 Deflnltlono. "Commission" means the Nuclear of spent nucleur fuel, including liquid As used in this part: Reguli1lu1y Commission or ils duly waste produced directly In reprocessing " Act" mea ns the Atomic Energy Act authorized representatives. and any solid material derived from of 1954 (68 Stat. 919) including any "Confinement systems" means those such liquid waste thal contains fission amendments thereto. systems. including ventila tion, that act products in sufficient concentrations; STATUTORY ADD 150
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 200 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19. 1988 / Rules and Regulations 31051 and (2) other highly radioactive material (2) Any State. any political its constituent elements by reproces::ing, that the Commission, consistent with subdivision of a Sta le, or any political Spent fuel includes the ei:;eci!il nuclear existing law, determines by rule requires entity within a St11te; material. byproduct material. source permanent isolation. (3) Any foreign government or nation, material, and other radioactive "Historical data" means a compilation or aoy political subdivision of any such materials associated with fuel or the available published and government or nation, or other entlly: assembHes. unpubli~hed information concerning a and "Structures. systems, and components particular type of event. (4) Any legal successor, important to safety" mean those "Independent spent fuel storage representative, agent. or agency of the features of the ISFSI or MRS whose installation" or "ISFSI" means a foregoing. fonction Is; complex designed end constructed for "Population" means the people that (1) To maintain the conditions the interim storage of spent nucle11r fuel may be affected by the change in required to store spent fuel or bigb-level and other radioactive materials environmental conditions due to the radioactive waste safely, associated with spent fuel storage. An construction, operation. or (2) To prevent damage to the spent ISFS[ which is localed on the site of decommissioning of an JSFSI or MRS. fuel or the high-level radioactive waste another facility may share common "Region" means the geographical a rea container during ha_nd_ling and storage, utili'.:'.:::1 :.!Id sewices with such a facility surrounding and inclucl~ c:e site. or end b e physically connected with such which Is large enough to contain all the (3) To provide reasonable as3:ironce other faoty end still be considered features related to a phenome;tcn or to a that spent fuel or high-level radioactive indepzndent: Provided, that such sharing particular event that could potentially waste can be received, handled. of utilities and services or physical impact the safe or environmentally packaged, stored. and retrieved without connections does not: (1) Increase the sound construction. operation, or undue risk to the health and safety of probability or consequences of an decommissioning of an independent the public. accident or malfunction of components, spent fuel storage or monitored structures. or systems that are important retrievable storage installation. § 72.4 Communications. to safety; or (2) reduce the margin of "Reservation" means- Except where otherwise specified, all safety as defined in the basis for any ()) Any Indian reservation or communications end reports concerning technical specification of either facility. dependent Indian community referred lo the regulations in this part and "Indian Tribe" means an Indian tribe in clause (a) or (b) of section 1151 of title applications filed under them should be as defined in the Indian Self 16, United States Code: or addressed to the Director, Office of Determination and Education (2) Any land selected by an Alaska Nuclear Material Safety and Safeguards. Assistt1nce Act (Pub. L. 9:H;36). Native village or regional corporation U.S. Nuclear Regulatory Commission, under the provisions of the Alaska Washington, DC 20555, "Monitored Retrievable Storage Native Claims Settlement Act (43 U.S.C. 1nstallation" or "MRS" means a complex Communications. reports, and 1601 et seq.). applications may be delivered in person designed, constructed, and operated by "Sile means th.e real property on DOE for the receipt, transfer, h11ndling. al the Commission's Offices at 11555 which the JSFSI or MRS is located, Rockville Pike, Rockville. Maryland, or packaging. possession, safeguarding, "Source material" means-a nd storage of spent nuclear fuel 11ged a t 1717 H Street NW., Washlngton. DC. (1) Ura nium or thorium, or any for at least one year and solidified high- combination thereof, in any physical or § 72.S Interpretations. level radioactive waste resulting from chemical form or civilian nuclear activities, pending Except as specifically authorizad by (2) Ores that contoln by weight one- the Commission in writing. no shipment to a HLW repository or other twentieth of one percent (0.05%) or more dis::,osal. interpretation of the meaning of the of: reguJa lions in this part by an officer or
" NE!>A" means the Na tional (I) Uranium, employee of the Commission. other than Environmenlal Policy Act of 1969 (ii} Thorium, or a written interpretation by the General including any amendments thereto. (iii) Any combination thereof. Counsel. will be recognlzed to be "NWPA" means the Nuclear Waste Source material does not include special binding upon the Commission.
Policy Act oJ 1982 including any nuclear material. nmet>dt!;ents thereto. § 72.G Ut'1l1113 raqutred; ti1;:es of r.eer,su..
"Special nuclear material" means-
"Percon" me.ins- (1) Plutonium. u_ramurn-233, uraruum (a) Licenses for the receipt, handliPg.
(1) Any ir.dividcal. corporation, enriched In the isotope 233 or ln the storage, and transfer of spent fuel or pir.tnern~jp, firm. ai;sociolion. trust, isotope 235, and any other material
- high-level tadioactive-waste are of two es!.:t:i, public or private institution. which the Commission, pursuant to the types: general and specific. Any general grc,1p, Covernm:a,nt Bfi?nCY oth1ar than provisions of section 51 of the Act,
- license provided in this part is effective the Commi.ision or the Department o{ determines to be special nuclear without the filing of an application wiL11 Energ-3 (DOE), except that the COE shall material. but does not include source. the Commission or the issuQl'lce of a be considered a person within the material; or licensing document to a parlicular meening or the ragulations in this part to (2} Any material artificially enriched person. A specific license is issued to e Llie extent that its facilities end by any or the foregoing but does not named person upon application flied activities ere subject to the licensing include source material. pursuant to regulations !n this part.
and related regulatory authority of the "Spent Nuclear Fuel" or "Spent fuel (b) A general license is hereby issued Commission pursuant to seclion 202 of means fuel th&t has been withdrawn to receive title to and own spent fuel or the Energy Reorganization Act oft974, from a nuclear reactor following high-level radioactive waste without as amended (88 Stat. 1244), and Sections irrndJation, has undergone al least one regard to quantity. Notwithstanding any 131, 132, 133, 135. 137, and 141 of the year's decay since being used as a other provision of this chapter, a ganer:il Nuclear Waste Policy Act of 1982 {96 source of energy In a power reactor. and licensee under this paragraph is not Stat. 2229, 2230, 2232, 2241); has not been chemically separated into authorized to acquire, deliver, receive, STATUTORY ADD 151
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 201 of 245 31662 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations possess, use, or transfer spent fuel or 1974, as emended, a nd in general are activities does not automatically render high-level radioactive waste except as related to the administration or him or her immune from discharge~or authorized in a specific license. enforcement of a requirement imposed discipline for legitimate reasons or from (c) Except as authorized in a specific under the Atomic Energy Act of 1954, as adveNe action dictated by license issued by the Commission in amended, or lhe Energy Reorganization nonprohibited considerations. accordance with the regulations in this Act. (e)(t ) Each licensee and each part, no person may acquire, receive, or (1) The protected acttvities include but applicant shall post Form NRC-3. possess- are not limited to- "Notice to Employees," on its premises. (1) Spent ruel for the purpose or (i) Providing the Commission Posting must be at location sufficient to storage in an ISFSl: or information about possible violations of permit employees protected by this (2) Spent fuel, high-level radioactive -requirements imposed under either of sec1ion to observe all copy on the way waste, or radioactive material the above statutes; to or from their place of work. Premises associated with high-level radioactive (ii) Requesting the Commission to must be posted oo later than 30 days waste for the purpose of storage in an institute a ction against his or her after an application is docketed and MRS. employer for the administration or remain posted while the applica tion is enforcement of these requirements: or pending before the Commission, during
§ 72.7 Specific exemptJon1. (ill) Testifying in any Commission the term of the license, and for 30 days The Commission may. upon proceeding, following license termination.
application by any interested person or (2) These activities are protected even (2) Copies of Form. NRC-3 may be upon its own initiative, grant such if no formal proceeding is actually obtained by writing to the Re.gional exemptions from the requirements or the inrlia ted as e result of the employee Administrator of the appropriate U.S. regulations in this part as it determines assistance or participation. are authorized by law and will not Nuclear Regulatory Com.mission (3) This section has no application to Regional Office listed in Appe:n dix A. endanger life or property or the common any employee alleging discrimination Part 73 of thi.s chapter or_the Director. defense and security and are otherwise prohibited by this section who, acting Office of Enforcement, U.S. Nuclear in the public interes t. without direction from his or h.er Regulatory Commission, Washington,
§ 72.8 Denial of licensing bf Agreement employer [or the employer's agent). DC 20555, Stal e1. deliberately causes a violation of any requirement of the Energy § 72.11 Completene" and accuracy of Agreement Sta tes may not issue Reorganization Aol of 1974, as amended. Information.
licenses covering the storage of spent or the Atomic Energy Act of 1954, as fuel in an ISFSI or the storage of spent (a) Information provided to lhe fuel a nd high-level radioactive waste In amended. Commission by an applicant for a, (b) Any employee who believes that license or by a licensee or information an MRS. he or she has been discharged or required by s tatute or by the
§ 72.9 1nronnat1on collectlon otherwise discriminated against by any Commiss'ion's regulations, orders, or requirements: 0MB approval. person for engaging in the protected license conditions to be maintained by (a) The Nuclear Regulatory activfties specified in paragrph (a)(l) of the applicant or the licensee shell be Commission has submitted the this section may seek a remedy for the complete and a ccurate in all material information collection requirements discharge or discrimination through an respects.
contained in this part to the Office of administrative proceeding in the (bl Each applicant or licensee shell Management and Bu.dget (0MB) £or Department of Labor. The notify the Commission of Information approval as required by the Paperwork administrative proceeding must be identified by the applicant or licensee as Reduction Act of1980 (44 U.S.C. 3501 et Initiated within 30 da.ys after an alleged having for the reguJated activity a seq.). 0MB has a pproved the violation occurs by filing a compla int significant implication for public health information collection requirements alleging the violation with the and safety or common defense and contained in this part under control Department of Labor, Employment security, An applicant or licensee number 3150--0132. Standards Adminis1ration, Wage and violates this paragraph only if the (b) The approved information Hour Division. The Department of Labor applicant or licensee fails lo notify the collection requirements contained in this may order reinstatement, back pay, end Commission of information that the part appear in §§ 72.16, 72.22 through compensatory damages. applicant or licensee has identified as 72.34, 72.42, 72.44, 72'48 through 72,56, (c) A violation of paragraph (a) of this heving e significant implication for 72.62. 72.70 through 72,82. 72.90, 72.92, section by a Commission licensee, an public health and ~afety or commo n 72.94, 72,98, 72.100, 72.102, 72.104, 72.108, applicant for a Commission license, or a defense and security. Notification shell 12.120 . 72.126, 72.140 lhrough 72.176 contractor or subcontractor of a be provided to the Administrator of the 72.180 through 72.186, and 72,192. Commission licensee or applicant may appropriate Regional Office within two be grounds for-- working days oT identifying the
§12.10 Employee protection. (1} Denial. revocation, or suspension information. This requiremr.nl is not
{e) Discrimination by a Commission of the license. applicable to information which is licensee. an applicant for a Commission l2J lmpo9ilion of a civil penally on the already required to be provided to the license, or a contractor or subcontractor licensee or applicant. Commission by other reporting or of a Commission licensee or applicant (.3) Other enforcement action. updating requirements. against an employee for engaging in (di Actions taken by an employer, or certain protected activities is prohibited. others, which adversely affect an SUbpart B-Llcenae Appllcatlon, Form, Discrimination includes discharge and employee may be predicated upon and Contents other actions that relate lo nondiscriminatory grounds. The compensation, terms, conditions, end prohibition applies when the adverse § 72.16 Fllln9 ol 1ppllcatlon tor apednt privileges of employment. The protected action occurs because the employee has license. activities are established in section 210 engaged in protected activities. An (aJ Place of/ili11g. Bech application for of the Energy Reorganization Act of employee's engagement in protected a license, or amendment thereof, under STATUTORY ADD 152
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 202 of 245 Federal Regiater / Vol. 53, l'!o. 161 / Friday, August 19, 1SB8 / Rules and Regulations 31f-5-3 this part should be filed with the legislature of any State in which an MRS license is sought. The information must Director, Division of Industrial and is or may be located, to the Chief state the place et which the activity is to Medical Nuclear Safety, Office of Executive of the local municipality, to be performed, the general plan for Nuclear Material Safety and Safeguards, the Governors of any contiguous Sta.tes car,ying out the acUvily, and tbe period U.S. Nuclear Regulatory Commission, and to the governing body of any of time for which the license is Washington, DC 20555. Applications, affected Indian tribe. requested. The information must show communications, reports, and lhat the applicant either possesses the correspondence ma,y also be delivered § 72.10 Ellmlrmt!on of repGtl'do n. necessary funds, or that tha appJ:cant in person a t the Commission's offices at In any application under this part, the has reasonable assurance of obtaining 11555 Rockville Pike, Rockville, applicant may incorporate by reference the necessary; funds or that by a Maryland, or at the NRO Public information contained in previous combination of the two, the applicant Document Room, 1717 H Street NW., applications. statements. or reports filed will have the necessary funds available Wa~hington, DC. with the Commission: Provided, That to cover the following: (b) Oath or affirmation. Each such references are clear and specific. (1) Estimated construction costs; appfication for a license or license (2) Estimated operating costs over th~ amendment (including amendments to § 72.20 Pubilc lnil?"tlon of appltcatlon. Applications and documents plan.ned life of the ISFSI; and such applications), except for those filed (3) Estimated decommissioning costs, by DOE, must be executed in an original submitted to the Commission in connection with applications may be and the necessary financial signed by the applicant or duly arrangements to provide reasonable authorized officer thereof under oath or made available for public inspection in affinnation. Each application for a accordance with provisions of the assurance pri~r to licensing that regulations contained in Parts 2 and 9 of decommissioning will be carried out Hcense or license amendment fincloding after the removal of spent fuel and/or amendments to such e,pplications) filed this chapter. by DOE must be signed by the Secretary high-level radioactive waste from or Energy or the Secretary's authorized
§ 72.22 contents ol application: General sto1age.
and llnsnclat Information. representative. § 72.24 Contents of *ppllcatlon: Technical {c) Number of copies of application. Each application must state: tnfonnr.tJon. Each filing of an application for a (a) Full name of applicant; (bj Address of applicant; Each application for a license under license or license amendment unde.r this this part must include a Safety Analysis part (including OJnendments to such (c) Description of business or occupation of applicant: Report describing the proposed JSFSI or applications) must include, in addition MRS for the rece(pt. handl_ing, to a signed original, 15 copies of each (d) If applicant is: (1) An individual: Citizenship and age: packaging, and storage of spent fuel or portion of such application, safety high,level radioactive waste, including analysis report, environmental report, (2) A partnership: Name, citizenship, and address of each partner and the how the ISFSI or MRS will be operated. and any amendments. Another 125 The minimum infottnalion to be copies shall be retained by the applica.nt principal location at which the partnership does business: included in this report must consist of for distribution in accordance with the following: instruction from the Director or the (3) A corporation or an Director's designee. unincorporated association: (a) A description and safety (d) Fees. The application, amendment, (i) The State in which it is assessment or the s ite on which the and renewal fees applicable to a license incorporated or organized a nd the ISFSI or MRS is to be located, with covering the storage of spent fuel in an principal location at which it does appropriate attention to the design ISFSI are those shown in § 170.31 or this business; and bases for external events. Such chapter. (ii) The names, addresses, and assessment must contain an analysis (e) Notice of docketing, Upon receipt citizenship of its directors and principal and evaluation of the major structures, of an application for a license or license officers; systems. and components or the ISFSI or amendment under this part, the Director, (4) Acting as an agent or MRS that bear on the suitability of the Office of Nuclear Material Safety and representative of another person in filing site when the ISFSI or MRS is operated Safeguards or the Director'& deaignee the application: The identification of the at its design capacity.Uthe proposed will assign a docket number to the principal and th.e information required ISFSI or MRS is to be located on the site application. notify the applicant of the under this paraguph with respect to of a nuclear power plant or other docket n\llllber, instruct the applicant to such principal. licensed facility, the potential distribute copies retained by the (5) The Department of Energy: Interactions between the JSFSI or MRS applicant in accordance with paragraph (l) Tbe identification of the DOE and such other facility must be (c) of thjn section, and cause a notice of organization responsible for the evaluated. docketing to be published in the Federal construction and operation of the ISFSI (b) A description and discussion of Register, The notice of docketing shall or MRS, including a description of any the ISFSI or MRS structures with special identify the site of the lSFSI or tne MRS delegations of authority and attention to design and operating by locality and State and may include a assignmenls of responsibilities. ohar&oteristios, unusual or novel design notice of hearing or a notice of proposed (Ii) For each application for a license features, and principal safety action and opportunity for hearing as for an MRS, the provislon1tof the public considers lions. provided by § 7Z.46 of this part. In the law authorizing the construction and (c) The design of the ISFSI or MRS in case of an application for a license or an operation of the MRS. sufficient detail lo support the findings amendaumt to a license for an MRS. the {e) Except for DOE, information in t 72.40, including: Director, Office of Nuclear Material sufficient to demonstrate to the (1 J The design criteria for the ISFSI or Safety and Safeguards, or the Director's Commission the financial qualifications MRS pursuant to Subpart F of this part, designee, in accordance with I 72.200 of or the ~pplicant to carry out, in with identification and justification for this part. shall send a copy of the notice accordance with the regulations in this any additions to or departures from the of docketing to the Governor and chapter, the activities for which the general design criterh1: STATUTORY ADD 153
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 203 of 245 31664 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations (2) the design bases and the relation (j) The technical qualifications of the required by Subpart H. An application of the design bases to the design criteria; applicant lo engage in the proposed submitted by DOE for an ISFSI or MRS (3) Information relative to materials of activities, as required by § 72.28. must include a certification that it will construction, general arrangement, (k) A description of the applicant's provide at the ISFSI or MRS such dimensions of principal structures, and plans for coping with emergencies, es safeguards as ii requires at comparable descriptions of all structures, systems, required by § 72.32. surface DOE facilities to promote the and components important to safety, in (IJ A description of the equipment to common d efense and security. sufficient detail to support a finding that be installed to maintain control over (p) A description of the program the ISFSI or MRS will satisfy the design radioactive materials in gaseous and covering preoperational testing and bases with an adequate margin for liquid effluents produced during normal initial operations. safety; and operations and expected operational (q) A description of the (4) Applicable codes and standards. occurrences. The description must decommissioning plan required under (dJ An analysis and evaluation of the identify the design objectives and the § 72.30. design and performance of structures, means to be used for keeping levels of systems, and components important to radioactive material in effluents to the § 72.26 Contents of apptlcatlon: Technical safety, with the objective of assessing environment as low as is reasonably specifications. the impact on public health and safety achievable and within the exposure Each application under this part shall resulting from operation of the ISFSI or limits slated in § 72.104. The description include proposed technical MRS and including determination of: must include: specifications in accordance with the (1) The margins of safety during (1) An estimate of the quantity of each requirements of § 72.44 and a summary normal operations and expected of the principal radionuclides expected statement of the bases and justifications operational occurrences during the life to be released annually to the for these technical specifications. of the ISFSI or MRS; and environment in liquid and gaseous (2) The adequacy of structures, effluents produced during normal ISFSI § 72.28 Contents of appllcatlon: or MRS operations; Applicant's technical qualifications. systems, and components provided for the prevention of accidents and the (2) A description of the equipment and Each application under this part must mitigation of the consequences of processes used in radioactive waste include:
- accidents, including natural and systems; and (a) The technical qualifications.
manmade phenomena and events. (3) A general description of the including training and experience, of the provisions for packaging, storage, and applicant to engage in the proposed (e) The means for controlling and disposal of solid wastes containing limiting occupational radiation radioactive materials resulting from activities: exposures within the limits given in Part treatment of gaseous and liquid effluents (b) A description of the personnel 20 of this chapter, and for meeting the and from other sources. training program required under Subpart objective of maintaining exposures as (m) An analysis of the potential dose I: low as is reasonably achievable. equivalent or committed dose e quivalent (c) A description of the applicant's (0 The features of ISFSI or MRS to en individual outside the controlled operating organization, delegations of design a nd operating modes to reduce to area from accidents or natural responsibility and authority and the the extent practicable radioactive waste phenomena events that result in the minimum skills and experience volumes generated at the installation. release of radioactive material to the qualifications relevant to the various (g) An identification and justification environment or direct radiation from the levels of responsibility and authority; for the selection of those subjects that ISFSI or MRS. The calculations of and will be probable license conditions and individual dose equivalent or committed (d) A commitment by the applicant to technical specifications. These subjects dose equivalent must be performed for have and maintain an adequate must cover the design, construction, direct exposure, inhalation, and complement of trained and certified preoperational testing, operation, and ingestion occurring as a result of the installation personnel prior io the decommissioning of the ISFSI or MRS. postulated design basis event. receipt of spent fuel or high-level (h) A plan for the conduct of (n) A description of the quality radioactive waste for storage. operations, including the planned assurance program that satisfies the managerial and administrative controls requirements of Subpart G to be applied § 72.30 Decommissioning planning, system, and the applicant's to the design, fabrication, construction, Including financing and recordkeeplng. organization, and program for training of testing, operation, modification, and (a) Each application under this part personnel pursuant to Subpart I. decommissioning of the structures, must include a proposed (i) If the proposed ISFSI or MRS systems, and components of the ISFSI or decommissioning plan that contains incorporates structures, systems, or MRS important to safety. The sufficient information on proposed components important to safety whose
- description must identify the structures, practices and procedures for the functional adequacy or reliability have systems, and components importal)~ to decontamination of the site and not been demonstrated by prior use for safety. The program must also apply to facilities and for disposal of residual that purpose or cannot be demonstrated managerial and admin:istrallve controls radioactive materials after all spent fuel by ~eference to performance data in used to ensure safe operation of the or high-level radioactive waste has been related applications Or to widely ISFSI or MRS. removed. in order to provide reasonable ttccepted engineering principles, an (o} A description of the detailed assurance that the decontamination and identification of these structures, security measures for physical decommissioning of the ISFSI or MRS at systems, or components a long with a protection, including design features and the end of its useful life will provide schedule showing how safety questions the plans required by Subpart H. For an adequa te protection to the health and will be resolved prior to the initial application from DOE for an JSFSI or snfety of the public. This plan must receipt of spent fuel or high-level MRS, DOE will provide a description of identify and discuss those design radioactive waste tor storage at the the physical security plan for protection features of the ISFSI or MRS that ISFSI or MRS. against radiologicul sabotage as facilitate its decontamination and STATUTORY ADD 154
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 204 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regula tions 31665 decommissioning at the end of its useful includes an appropriate State or Federal stored, and of locations of possible lifP.. government agency or en entity which inaccessible contamination such as (b) The decommissioning funding plan has the authority to act as a trustee and buried pipes which may be subject to must contain information on how whose trust operations are regulated contamination. If required drawings are reasonable assurance will be provided and examined by a Federal or State referenced, each relevant document that funds will be available to agency. need not be indexed individually. If decommission the ISFSI or MRS. This (iii) The surety or insura nce must drawings are not available, the licensee information must include a cost estimate remain in effect until the Commission shall substitute appropriate records of for decommissioning and a description has terminated the license. available information concerning these of the method of assuring funds for (3) An external sinking fund in which areas and locations. decommissioning from paragraph (c) of deposits are made at least annually, (3) Records of the cost estimate this section, including means of coupled with a surety method or performed for the decommissioning adjusting cost estimates and associated insurance. the value of which may funding plan or of the amount certified funding levels periodically over the life decrease by the amount being for decommissioning, and records of the of the ISFSI or MRS. accumulated in the sinking fund. An .funding method used for assuring funds (c) Financial assurance for external sinking fund is a fund if either a funding plan or certification is decommissioning must be provided by establishing and maintained by setting used. one or more of the following methods: aside fuqds periodically in an account (1) Prepayment. Prepayment is the segregated from licensee assets and § 72.32 Emergency plan. deposit prior to the start of operation outside the licensee's administrative (a) (Reserved] into an account segregated from licensee control in which the total amount of (b) (Reserved] assets and outside the licensee's funds woufd be suJficient to pay (c) For an ISFSI that is located on the administrative control of cash or liquid decommissioning costs et the time site of a nuclear power reactor licensed assets such that the amount of funds termination of operation is expected. An for operation by the Commission, the would be sufficient to pay external sinking fund may be in the form emergency plan required by 10 CFR decommissioning costs. Prepayment of a trust, escrow account, government 50.47 shall be deemed to satisfy the may be in the form of a trust, escrow fund, certificate of deposit, or deposit of requirements of this section. account, government fund, certificate of government securities. The surety or deposit, or deposit of government insurance provision must be as stated in § 72.34 Environmental r9port. securities. paragraph (c)(2) of this section. Each application for an ISFSl or MRS (2) A surety method. insurance, or (4) In the case of Federal, State, or license under this part must be other guarantee method. These metho.d s local government licensees, a statement accompanied by an Environmental gunra ntee that decommissioning costs of intent containing a cost estimate for Report which meets the requirements of will be paid should the licensee default. decommissioning, and indicating that Subpart A of Part 51 of this chapter. A surety method may be in the form of a funds for decommissioning will be surety bond, letter of credit, or line of obtained when necessary. Subpart C-laeuance and Conditions credit. A parent company guarantee of (5) In the case of electric utility of.Ucense funds for decommissioning costs based licensees. the methods of§ 50.75(e) (1) on a financial test may be used if the and (3) of this chapter. § 72.40 Issuance of license. guarantee and test are as contained in (d) Each licensee shall keep records of (a) Except es provided in paragraph Appendix A of 10 CFR Part 30. A parent information important to the safe and {c) of this section, the Commission will company guarantee may not be used in effective decommissioning of the facility issue a license under this part upon a combination with other financial in an identified location until the license determination that the application for a methods to satisfy the requirements of is terminated by the Commission. If license meets the standards and this section. Any surety method or records of relevant information are kept requirements of the Act and the insurance used lo provide financial for other purposes, reference to these regulations of the Commission, and upon assurance for decommissioning must records end their locations may be used. finding that: contain the foUowing conditions: Information the Commission considers (1) The applicant's proposed ISFSI or (i) The surety method or insurance important to decommissioning consists MRS design complies with Subpart F; must be open-ended or, if written for a or- (2) The proposed site complies with specified term, such as five years, must (1) Records of spills or other unusual occurrences involving the spread of the criteria in Subpart E: be renewed automatically unless 90 days or more prior to the renewal date, contamination in and around the (3) If on the site of a nuclear power the issuer notifies the Commission, the facility, equipment. or site. These plant or other licensed activity or beneficiary, and the licensee of its records may be limited to instances facility, the proposed ISFSI would not intention not to renew. The surety when contamination remains after any pose an undue risk to the safe operation method or insurance must also provide cleanup procedures or when there is of such nuclear power plant or other that the full face amount be paid to the reasonable likelihood that contaminants licensed activity or facility; beneficiary automaticall.y prior to the may have spread to inaccessible areas (4) The applicant is qualified by expiration without proof of forfeiture If as in the case of possible seepage into reason of training end experience lo the licensee fails to provide a porous materials such aa concrete. conduct the operation covered by the replacement acceptable to the These records must include any known regulations in this part; Commission withing 30 days after information on identification of involved (5) The applicant's proposed operating receipt of notification or cancellation. nuclides, quantities, forms, and procedures to protect health and to (ii) The surety method or insurance concentrations. minimize danger to li(e or property are must be payable to a trust established (2) As-built drawings and adequate; for decomiesloning costs. The trustee modifications of structures and (6) Except for DOE, the applicant for and trust must be acceptable to the equipment in restricted areas where an ISFSI or MRS is financiany qualified Commlaslon. An acceptable trustee radioactive materials are used and/or to engage tn the proposed activities in STATUTORY ADD 155
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 205 of 245 31666 Federal Register / VoJ. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations accordance with the regulations in this reevaluation of the site is not required (2) The license shall be subject to part: except where n ew informa tion is revocation, suspension, modification. or (71 The applican t's quality assurance discovered which could alter the amendment in accordance with the plan complies with Subpart G; origi_nal site evaluation findings, In this procedures provided by the Atomic (8) The applicant's physical protection case. the site evaluation factor~ Energy Act of 1954, as amended. and provisions comply with Subpart H. DOE involved wlll be reevaluated. Commission regulations. has complied with the safeguards and (3) Upon request of the Commission, physical security provisions identified in f 72,42 Duration of lleense; renawal. the licensee shall, al any time before
§ 72.24(0); (a) Each license issued under this part expiration of the license, submit written (9) The applicant's personnel training must be for a fixed period of time to be statements, signed under oath or program complies with Subpart J; specified in the license. The license term affirmation if appropriate, to enable the (10) Except for DOE, the applicant's for an JSFSI must not exceed 20 years Commission to determine whether or decommissioning plan and its financing from the date of issuance, The license not the license should be modified, pursuant to S 72,30 provide reasonable term for an MRS must not exceed 40 suspended. or revoked.
assurance that the decontamin11tion and years from the date of issuance. (4) Prior to the receipt of spent fuel for decommissioning of the ISFSI or MRS at Licenses for either type of installation
- storage at an JSFSI or the receipt or the end of its useful life will provide may be renewed by the Commission at spent fuel and high-level radioactive adequate protection to the health and the expiration of the license term upon waste for storage at an MRS, the safety of the public; application by the licensee and pursuant licensee shall have in effect an NRC-(11) The applicant's emergency plan to the requirements of this rule. approved program covering th e trsining complies with § 72.32; (b) Applications for renewal of a and certification of personnel that meets (12) The applicable provisions of Part license should be filed in accordance the requirements of Subpart I.
170 of this chapter have been satisfied; with the applicable provisions of (5) The license shall permit the (13) There is reasonable assurance Subpart B at least two years prior to the operation of the equipment and ~ontrols that: (i) The activities authorized by the expiration of the existing license. that are important to safety of the ISFSI license can be conducted without Information contained in previous or the MRS only by personnel whom the endangering the health and safety of the application s-, statements, or reports filed licensee has certified es being public and (ii) these activities will be with the Commission under the license adequately trained to perform such conducted in compliance with the may be incorporated by reference; operations, or by uncertified personnel applicable regulations of this chapter; Provided, that such references ere clear who are under the direct visual and and specific. supervision of a certified individuaJ. (14) The issuance of the license will not be inimical to the common defense (c) In any case in which a licensee, (6)(i) Each licensee shall notify the and security, not less than two years prior to appropriate NRC Regional (bl Grounds for denial or a license to expiration ofits existing license, has Administrator, in writing, immediately store spent fuel in the proposed lSFSI or filed an application in proper form for ' following the filing of a voluntary or to store spent fuel and high-level renewal or a license, the existing license involuntary petition for banktuptcy radioac tive waste in the proposed MRS shall not expl.re until a Ona! decision under any Chapter of Title IJ may be the commencement of concerning the application for renewal (Bankruptcy) of the United Sta tes Code construction pr ior to (l) a finding by the has been made by the Commission. by or against: Director, Office of Nuclear Materials (A) The licensee;
§ 72.44 Ucen1e c:ondlllons. (B) An entlly (as that term is defined Safety and Safeguards or designee or (2) a finding after a public hearing by the (a) Each license issued under this part in 11 U.S.C. 101(14}) controJling the presiding officer, Atomic Safety and ahall include license conditions, The licensee or listing the license ot licensee Licensing Board, Atomic Safety and license conditions may be derived from as properly of the estate; or Licensing Appeal Board, or the the analyses and evaluations included (CJ An affiliate (as that term is Commission acting as a collegial body. in the Safety Analysis Report and defined in 11 U.S.C, 101 (2)) of the as appropriate, that the action called for amendments thereto submitted pursuant Uce.nsee, is the issuance of the proposed license to § 72.24. License conditions pertain lo (ii) This notification must indicate:
with any appropriate conditions to design, construction end operation. The {A) The bankruptcy court in which the protect environmental values. This Commission may a lso include additional petition for bankruptcy was filed: and finding is -to b e made on the basis of license conditions as it finds (BJ The date of the filing of the information filed and evaluations made appropriate. petition.
- pursuant to Subpart A of Part 51 of this (b) Each license Issued under thl.s part (c] Each license issued under this part chapter or In the case of an MRS on the shall be subject to the following must include technical specifications.
basis of evaluations made pursuant to oondillons. even if they are not Technical specifications must include sections 141(c) and (d) or 148[a) and (c) explicitly stated therein; requirements- in the following categories: of NWPA (96 Slat. 2242, 2243, 42 U.S.C. (1) Neither the license nor any right (1) Functional and operating limils 1016l(c), (d): 101 Stat, 1330-235, 133~ thereunder shall be transferred, oncfmonitoring instruments and limiting 236, 42 lT.S.C, 10168(a). (c)), as assigned, or disposed o f In any maMer, conlro/ 11ettings. appropriate, and after weighing the either voluntarily or Involuntarily, (l) Functional and operating limits for environmental, economic, technical and directly or Indirectly, through transfer of an JSFSI or MRS ere limits on fuel or other benefits against environmental contror of the license to any person, waste handling and storage conditions costs and considering available unless the Commission shall, after that are found to be necessary to protect alternatives. securing full information, find that the the integrity of the s tored fuel or wa&te (c) For facillUes that have been transfer is in accordance with the container. to protect employees against covered under previous licensing actions provisions of the Atomic Energy Act of occupational exposures and lo guard including the issuance of a construction 1954, es amended. and glve its consent against the uncontrolled release of permit under Part 58 of this chapter, a io wrttms; radioactive materials; and STATUTORY ADD 156
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 206 of 245 Federal Register / Vol. 53. No. 161 / Friday, August 19. 1988 / Rules and Regulations 31667 (ii) Monitoring instruments and radionuclides released lo the (2) Construction of the MRS or
- limiting control settings for an ISFSI or environment in liquid a.nd in gaseous acceptance of spent nuclear fuel or high*
MRS a re those related to fuel or waste erfluents during the previous 12 months level radioactive waste at the MRS is handling and storage conditions having of operation and such other information prohibited during such lime as the significant sarety functions. as may be required by the Commission repository license is revoked by the (2) limiting conditions. Limjting to estimate maximum potential radiation Commission or construclion of the conditions are the lowest functional dose commitment to the public resulting repository ceases: capability or performance levels of from effluent releases, On the basis of (3) The quantity of spent nuclear fuet equipment required for safe operation. this report a_nd any additional or high-level radioactive waste a t the , (3) SurveiJ/ance requirements. information the Commission may obtain site of the MRS a t any one lime may not Sunieilla.nce requirements include: from the licensee or others, the e'Xceed 10,000 metric tons of heavy (i) Inspection and monitoring of spent Commission may from time lo time metal until a repository authorized fuel or high-level radioactive waste in require the licensee to take such action under NWPA and Part 60 of thi.a chapter storage; as the Commission deems appropriate. first accepts spent nuclear fuel or (ii) inspection, test and calibration (e) The licensee shall make no change solidified high-level radioactive waste; activities to ensure that the necessary that would decrease the effectiveness of and integrity of required systems and the physical security pla n prepared (4) The quantity of spent nuclear fuel components is maintained; pursuant to § 72.180 without the prior or high-level radioactive waste at the [iii) confirmation that operation of the approval of the Commission. A licensee site of the MRS et any one time may not ISFSI or MRS is within the required desiring to make such a change shall exceed 15,000 metric tons of heavy functional and operating limits; and submit an application for a n amendment metal. * (iv) confirmation that the limiting to the license pursuant to I 72,56. A conditions required for safe s torage are licensee may make changes to the § 72.46 Public hearings. met. physical security plan without prinr (a) In connection with each (4) Design features, Design features Commission approval, provided that application for a license under this part. include items that would have a such changes do not decrease the the Commission shall issue or cause to significant effect ~n safety i£ altered or effectiveness of the plan. The licensee be issued a notice of proposed action modified. such as materials of shalJ furnish to the Commission a report and opportunity for hearing in construction and geometric containing a description of each change accordance with § 2.106 or I 2.1107 of arrangements. within two months after the change is this chapter, as appropriate, or, if the (5) Administrative controls. Com.mission finds that a hearing is Administrative controls include the made, and shall maintain records of changes to the plan made without prior requfred in the public interest, a notice organization a nd management of hearing in accordance with § 2.104 of procedures, recordkeeping, review and Comntission approval for a period of 3 audi t. and reportlng necessary to assure years from the date of the change. this chapter. that the operations involved in the (0 A licensee ahalJ follow and (b)(l) In connection with each storage or spent fuel In en lSFSI and the maintain in effect an emergency plan application for a.r, amendment to a storage of spent fuel and high.level that is approved by the Commission. license under this part, the Commission radioactive waste in an MRS are The licensee may make changes lo the shall, except as provided ih paragraph. perfonned in a safe manner, approved plan without Commission (b)(2) of this section. issue or cause to be (d) Each license authorizing the approval only if su.ch changes do not issued a notice of proposed action and receipt, handling, and storage of spent decrease the effectiveness of the plan. opportunity fQr hearing in accordance fuel or h.igh-level radioactive waste Within six months after any change is with§ 2,105 or§ 2.1107 of this chapter, under this part must include technical made, the licensee shall submit a report as appropriate, or, lf the Comm.isslon specifications that, in addition to stating containing a description of any changes finds that a hearing is required in the the limits on the release of radioactive made i:n the plan to the appropriate NRC public interest, a notice of bearing in materials for compliance with limits of Regional Office specified in Appendix A accordance with § 2.104 of this chapter. Part 20 of thls chapter and the "as low to Part 73 of this chapter with a copy to (2) The Director, Office of Nuclear as 18 reasonably achievable" objectives the Director. Office of Nuclear Material Material Safety and Safeguards, or the for efnuents, require that: Safety and Safeguards, U.S. Nuclear Director's designee may dispense with a (1) Operating procedures for control of Regulatory Commission, Washington, notice of proposed action and effluents be established and followed, DC 20555. Ptopo,ed changes that opportunity for hearing or a notice c,f and equipment in the radioactive waste decrease the effectiveness of the hearing and take immediate action on trea tment systems be maintained and approved emergency plan must not be an amendment to a license issued under used, to meet the requirements of implemented unless the licensee has this part upon a determination that the
§ 72,104: received prior approval of such chaQges amendment doe& not present a genuine (2) An environmental monitoring from the Commission. issue as to whether the health and program be established to ensure (g) A license issued lo DOE under this safety of the public will be significantly compliance with the technical part for an MRS authorized by section
- affected. After taking the actlon. the specifications for effluents; and 142(b) of NWPA (101 Stat. 1390,s232, 42 DirP.ctor or the Director's designee shall (3) An aMual report be submitted to U.S.C. 10162{b}) must include the promptly publish a notice in the Fedenal lhe appropriate regional office specified following conditions: Register of the action taken and of the In Appendix A of Part 73 of this chapter, (1) Construction of the MRS may not right of interested persons to request a with a copy lo the Director. Office of begin until the Commission has hearing on whether the action should be Nuclear Material Safety and Safegua.r ds, authorized the construction of a rescinded or modified. If the action U.S. Nuclear Regulatory Commission, repository under section 114(d) of taken 1unende an MRS license, the Washington, DC 20555, within 60 days NWPA l96 Stat. 2215, as amended by Director or the Director's designee s hall after Janua ry l of each year, specifying 101 Stat, 1930-290, 42 U.S.C. 10134(d)) also inform the appropriate State a nd the quantity or each of the principal and Part 60 of this chapter; local officials.
STATUTORY ADD 157
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 207 of 245 31668 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations (c) The notice of proposed action and evaluation that provides the bases for written consent from the existing opportunity for hearing or the notice of the determination that the change, test, licensee, or a certified copy of an order hearing may be included in the notice of or experiment does not involve an or judgment of a*court of competent docketing required to be published by unreviewed safety question. The records jurisdiction, attesting to the person's § 72.16 of this part. of changes in the ISFSI or MRS and of right-subject to the licensing (d) If no request for a hearing or changes in procedures and records of requirements of the Act and these petition for leave to intervene is filed tests must be maintained until the regulations-to possession of the within the lime prescribed in the notice Commission terminates the license. radioactive materials and the storage of proposed action and opportunity for (2) Annually, or at such shorter installation involved. hearing, the Director, Office of Nuclear interval as may be specified in the (c) After appropriate notice to Material Safety and Safeguards or the license, the licensee shall furnish to the interested persons, including the Director's designee may take the appropriate regional office, specified in existing licensee, and observance of proposed action, and thereafter shall Appendix A of Part 73 of this chapter, such procedures as may be required by promptly inform the appropriate State with a copy to the Director, Office of the Act or regulations or orders of the and local officials and publish a notice Nuclear Material Safety and Safeguards, Commission, the Commission will in the Federal Register of the action U.S. Nuclear Regulatory Commission, approve an application for the transfer taken. In accordance with§ 2.764(c} of Washington, DC 20555, a report of a license. if the Commiseion this chapter, the Director, Office of containing a brief description of detennines that: Nuclear Material Safety and Safeguards changes, testo, and experiments made (1) The proposed transferee is shall not issue an initial license for the under paragraph (a) of the section, qualified to be the holder of the license; construction and operation of an ISFSI including a swnmary of the safety and or an MRS until expressly authorized to evaluation of each. Any report (2) Transfer of the license is do so by the Commission. submitted by a licensee pursuant to this consistent with applicable provisions of paragraph will be made a part of the the law, and the regulations and orders § 72.48 Changes, tests, and experiments. public record pertaining to this license. (a)(1) The holder of a license issued issued. by the Commission. (cl The holder of a license issued under this part may: under this part who desires- § 72.52 Creditor regulations. (i) Make cha ngs in the ISFSI or MRS (1} To make changes in the ISFSI or (a) This section does not apply to an described in the Safety Analysis Report, MRS or the procedures as described in ISFSI or MRS constructed and operated [ii) Make changes in the procedures the Safety Analysis Report, or to by DOE. described in the Safety Analysis Report, conduct tests or experiments not (b) Pursuant to section 184 of the Act. or described in the Safety Analysis Report, the Commission consents, without (iii) Conduct tests or experiments not that involve an unreviewed safety described in the Safety Analysis Report, individual application, to the creation of question, a significant increase in any mortgage, pledge, or other lien on without prior Commission approval. occupational exposure, or significant special nuclear material contained in unless the proposed change, test or unreviewed environmental impact, or spent fuel not owned by the United experiment involves a change in the (2) To change the license conditions license conditions incorporated in the States that is the subject of a license or shall submit an application for on any interest in special nuclear license, an unreviewed safety question, amendment of the license, pursuant to material in spent fuel; Provided: a significant increase in occupational l 72.56. (1) That the rights of any creditor so exposure or a significant unreviewed enviromental impact. § 72.50 Transfer of Heense. secured may be exercised only in (2) A proposed change, test, or (a) No license or any part included in compliance with and subject to the same experiment shall be deemed to involve a license issued under this part for a n requirements and restrictions as would an unreviewed safety question- ISFSI or MRS shall be transferred, apply to the licensee pursua nt to the (i) If the probability of occurrence or assigned, or in any manner disposed of, provisions of the license, the Atomic the consequences of an accident or either voluntarily or involuntarily, Energy'Act of 1954. as amended, end malfunction of equipment important to directly or indirectly. through transfer of regulations issued by the Commission safety previ.ously evaluated in the control of the license to any person, pursuant to said Act; and Safety Analysis Report may be unless the Commission gives its consent (2) That no creditor so secured may increased; in writing. take possession of the spent fuel (ii) If a possibility for an accident or (b)(l) An application for transfer of a pursuant to the provisions of this section malfunction of a different type than any license must include as much of the prior to either the issuance of a license evaluated previously in the Safety information described in § § 72.22 and from the Commission authorizing Analysis Report may be created; or 72.28 with respect to the identity and the possession or the transfer of the license. (iii) If the margin of safety as defined technical and financial qualifications of (c) Any creditor so secured may apply in the basis for any technical the proposed transferee as would be for transfer of the license covering spent specification is reduce.:!. required by those sections if the fuel by filing an application for transfer (b)(t) The licensee 11hall maintain application were for an inilial license. or the license pursuant to § 72.S0(b). The records of changes In the ISFSI or MRS The application must also inciude a Commission will act upon the and of changes in procedures made s ta tement of the purposes for which the application pursuant to § 72.50fc). pursuant to this section if these changes transfer of the license is requested and (d) Nothing contained in this constitute changes in the ISFSJ or MRS the nature of the transaction regulation shall be deemed to affect the or procedures described in the Safety necessitating or rnaking desirable the means of acquiring, or the priority of, Analysis Report. The licensee shall also I tranefe.r of the license. any ta" lien or other lien provided by maintain records of tests and (2) The Commission may require any law. experiments carried out pursuant to person who submits an application for (e) As used in this section, "credilor" paragraph (a) of tbis section. These the transfer or a Hcen.se pursuant to the includes, without implied limitation, the records must include a written safety provisfone of this section to file a trustee under any mortgage, pledge, or STATUTORY ADD 158
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 208 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31669 lien on spent fuel in storage made to activities are delayed by first placing refuse to grant a license on an original secure any creditor; any trustee or the ISFSI or MRS in storage, planning application; receiver of spent fuel appointed by a for these delayed activities may be less (3) Failure to operate an ISFSI or MRS court of competent jurisdiction in any detailed. Updated detai1ed plans must in accordance with the terms of the action brought for the benefit of any be submitted and approved prior to the license; creditor secured by such mortgage, start of such activities. (4) Violation of, or failure to observe, pledge, or lien; any purchaser of the (d) If the final decommissioning plan any of the terms and conditions of the spent fuel at the sale thereof upon demonstrates that the decommissioning Act, or of any applicable regulation, foreclosure of the mortgage, pledge, or will be performed in accordance with license, or order of the Commission. lien or upon exercise of any power of the regulations in this chapter and will (c) Upon revocation of a license, the sale contained therein; or any assignee not be inimical to the common defense . Commission may immediately cause the of any such purchaser: and security or to the health and safety retaking of possession of all special § 72.54 Appllcatlon for termination of of the public, and after notice to nuclear material contained in spent fuel license. interested persons, the Commission will held by the licensee. In cases found by (a) Any licensee may apply to the approve the plan subject to such ' the Commission to be of extreme Commission for authority to surrender a conditions and limitations as It deems importance lo the national defense and license voluntarily and to decommission appropriate and necessary and issue an security or to the health and safety of the ISFSI or MRS. This application must order authorizing the decommissioning. the public, the Commission prior to be made within two years following (e) The Commission will terminate the following any of the procedures permanent cessation of operations, and license if it determines that- provided under sections 551-558 of Tille in no case later than one year prior to (1) The decommissioning has been 5 of the United States Code, may cause expiration of the license. Each performed in accordance with the the taking of possession of any special application for termination of license approved final decommissioning plan* nuclear material contained in spent fuel must be accompanied, or preceded, by a and the order authorizing held by the licensee. proposed final decommissioning plan. decommissioning; and
§ 72.62 Backflttlng.
(bl The proposed final (2) The terminal radiation survey and decommissioning plan must include- associated documentation demonstrates (a) As used in this section, (1) The choice of the alternative for that the ISFSI or MRS and site are "backfilling" means the addition, decommissioning with a description of suitable for release for unrestricted use. elimination, or modification, after the activities involved. An alternative is license has been issued, of: acceptable if it provides for completion § 72.56 Appllcallon for amendment of (1) Structures, systems. or components llcense. of an ISFSI or MRS, or of decommissioning without signiricant delay. Consideration will be given to an Whenever a holder of a license (2) Procedures or organization alternative which provides for delayed desires to amend the license, an required to operate an ISFSI or MRS.
- completion of decommissioning only application for an amendment shall be (b) The Commission will require when necessary to protect the public filed with the Commission fully backfilling of an ISFSI or MRS if it finds health and safety. Factors to be describing the changes desired and the that such action is necessary to assure considered in evaluating an alternative reasons for such changes, and following adequate protection to occupational or which provides for delayed completion as far as applicable the form prescribed public health andsafety, or to bring the of decommissioning include for original applications. ISFSI or MRS into compliance with a unavailability of waste disposal § 72.58 Issuance of amendmenL license or the rules or orders of the capacity and other site specific factors Commission, or into conformance with affecting the licensee's capability to In determining whether an written commitments by a licensee.
carry out decommissioning safely, amendment to a license will be issued to (c) The Commission may require the including presence of other nuclear the applicant, the Commission will be backfilling of an ISFSI or MRS if it finds: facilities at the site. guided by the considerations that govern (l} That there is a substantial increase (2) A description of controls and limits the issuance of initial licenses. in the overall protection of the on procedures and equipment to protect § 72.60 Modification, revocation, and occupational or public health and safely occupational and public; health and suspenolon of llcenoe. to be derived from the backfit, and safety; (2) That the direct and indirect costs (3) A description of the planned final (a) The terms and conditions of all licenses are subject to amendment, of implementation for that ISFSI or MRS radiation survey; and are justified in view of this increased (4) An updated detailed cost estimate revision, or modification by reason of amendments lo the Atomic Energy Act protection. for the chosen alternative for (d) The Commission may al any time decommissioning, comparison of that of 1954, as amended, or by reason or rules, regulations, or orders issued in require a holder of a license to submit estimate with present funds set aside for such information cont:eming the decommisaioning, and plan for assuring accordance with the Act or any amendments thereto, backfilling or the proposed backfilling the availability of adequate funds for of an lSFSI or MRS as it deems completion of decommissioning (b) Any license may be modified. revoked, or suspended in whole or in appropriate. including means for adjusting cost estimates and associ11ted funding levels part for any of the following: Subpart D-Record.s, Reports, over any storage or surveillance period, (1) Any materiel false statement in the Inspections, and Enforcement (5) A description of technical application or in any statement of fact specifications and quality assurance required under section 182 of the Act; § 72.70 Salaty analysts report updating. provisions in place during (2) Conditions revealed by the (a) The design, description of planned decommissioning. application or statement of fact or any operations, end other information (c} For final decommissioning plans in report, record. Inspection or other means submitted in the Safety Analysis Report which the major dismantlement which would warrant the Commission to shall be updated by the licensee and STATUTORY ADD 159
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 209 of 245 31670 . Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations submitted to the Commission at least (b) Each licensee shall conduct a contained in the spent fuel possessed, once every six months after issuance of physical inventory of all spent fuel and received, transferred, disposed of, or the license during final design and high-level radioactive waste in storage lost by the licensee. Material status construction, until preoperational testing at intervals not to exceed 12 months reports must be made es of March 31 is completed, with final Safety Analysis unless otherwise directed by the e nd September 30 of each year and filed Report completion and submittal to the Commission. The licensee shall retain a within 30 days after the end of the Commission at least 90 days prior to the copy of the current inventory es a record period covered by the report. The planned receipt of spent fuel or high- until the Commission terminates the Commission may, when good cause is le*vel radioactive waste. The final license. shown, permit a licensee to submit submittal must include a final analysis (c) Each licensee shell establish, material status reports at other times. and evaluation of the design and maintain, end follow written material (b) Any licensee who is required to performance of structures, systems, and control a nd accounting procedures that submit routine material status reports components that are important to safety are sufficient to enable the licensee to pursuant to § 75.35 of this chapter taking into account any pertinent account for material in storage. The (pertaining to implementation of the US/ information developed since the licensee shall retain a copy of the IAEA Safeguards Agreement) shall submittal of the license application. current material control end accounting prepare and submit such reports only as (b) After the first receipt of spent fue l procedures until the Commission provided in that section instead of as or high-level radioactive waste for terminates the license. provided in paragraph (a) of this section. storage, the Safety Analysis Report must (d) Records of spent fuel and high-be updated annually and submitted to level radioactive waste in storage must § 72.78 Nuclear material transfer reports. the Commission by 'the licensee. This be kept in duplicate. The duplicate set of * (a) Except as provided in paragraph submittal must include the following: records must be kept at a separate (bl of this section, whenever the licensee (1) New or revised information location sufficiently remote from the transfers or receives spent fuel, the relating to applicable site evaluation original records that a single event licensee shall complete and distribute a factors, including the results of would not destroy both sets of records. Nuclear Material Transaction Report on environmental monitoring programs. Records of spent fuel transferred out of DOE/NRC Form-741 in accorda nce with (2) A description and analysis of an ISFSI or o f spent fuel or high-level printed instructions for completing the ch anges in the structures, systems, and radioactive waste transferred out of an form. Each ISFSI licensee who receives components of the l:SFSI or MRS, with MRS must be preserved for a period of spent fuel from a foreign source shall emphasis upon; five years aHer the date of transfer. complete both the supplier's end (i) Performance requirements, receivefs portion of DOE/NRC Form-(ii) The bases, with technical § 72.74 Reports of cccldental crltlcallty or lou of apcclat nucleor material. 741, v,erify the identity of the spent fuel, justification*therefor upon which such and indicate the results on the receiver's requiremenis have been established, (a) Each licensee shall notify the NRC portion of the form. I Operations Center within one hour of and (b) Any licensee who is required to (iii) Evaluations showing that safety discovery of accidental criticality or any submit inventory change reports on functions will be accomplished. loss of special nuclear materiat DOE/NRC Form-741 pursuant to § 75.34 (3) An analysis of the significance of (bl Thia notification must be made to the NRC Operations Center via the of this chapter (pertaining to any changes to codes, standards, implementation of the US/IAEA regulations, or regulatory guides which Emergency Notification System if the Safeguards Agreement) shall prepare the licensee has committed to meeting licensee is party to that system. If the and submit such reports. only as tme requirements of which are Emergency Notification System is provided in that section instead of as _applicable to the design, construction, or inoperative or unavailable, the licensee provided in paragraph (a) of this section. operation of the ISFSI or MRS. shall make the required notification via commercial telephonic service or a ny § 72.80 Other records and reports.
§ 72.72 Material bslance, Inventory, and other dedicated telephonic system or (a) Each licensee shall maintain any records requirements for stored materlala.
any other method that will ensure that a records end make any reports that may (a) Each licensee shall keep records report is received by the NRC showing the receipt:, inventory be required by the conditions of the Operations Center within one hour. The license or by the rules, regulations, and (including location), disposal, exemption of§ 73.21(g)(3) of thi s chapter acquisition, and transfer of all spent fuel orders of the Commission in effectuating applies to all telephonic reports required the purposes of the Act. and high-level radioactive waste in by this section. storage. The record.a must include as a (c) Reports required under§ 73.71 of (bl Each licensee shall furnish a copy minimum the name of shipper of the of its annual financial report, including this chapter need not be duplicated materiel to the ISFSI or MRS, the under the requirements of this section. the certified financial st.atements, to the estimated quantity o f radioactive Commission. material per item (including special § 72.76 Matertal status reports. (cl Records that are required by the nuclear material in spent fuel}, item (a) Except es provided in paragraph regulations in this part or by the license identification and seal number, storage (b) of this sec tion, each licensee shall condltiona must be maintained for the location, onsite movements of each fuel complete end submit to the Commission period specified by the appropriate a ssembly or storage canister, and (on DOE/NRC Form-742, Material regulation or license condition. If a ult.imete disposal. These records for Balance Report) material status reports reten,ion period is nol otherwise spent fuel at en 1SFSI or for spent fuel in eocordence with the printed specified, the above records must be and high-level radioactive waste at en Instructions for completing the fonn. maintained until the Commission MRS must be retained for as long as the These reports must provide information termiflates the license, material le stored and for a period of concerning tihe special nuclear material (d} Any record that must be five years after the ma teriel Is dispose d maintained pursuant to this part may be of or transferred out of the ISFSI or 1 Commercial telephone nomber of the NRC either the original or a reproduced copy MRS. OporMtlon, Ccnler It [301)951--0SSO. by any state of the a rt method ptovtded STATUTORY ADD 160
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 210 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31671 that any reproduced copy is duly for security, radiological protection, and u.nsuitable for the location of the lSFSJ authenticated by authorized personnel personal safety. or MRS. and is capable of producing a clear and (d) Each licensee shall perfonn. or (ej Pursuant to Subpart A of Part 51 of legible copy after stor~ge for the period permit the Commission to perform. such this chapter for each proposed site for specified by Commission regulations. tests as the Commission deems an lSFS( and pursuant to sections 141 or appropriate or necessary for the 148 of NWPA, as appropriate (98 Stat. § 72.82 Inspection, and tests. administrator of the regulations in this 2241, 101 Stat. 1330-235, 42 U.S.C. 10161, (a) Each licensee under this part shall pa rt. 10168) for each proposed site for an permit inspection by duly authorized (e) A report of the preoperational test MRS, the potential for radiological and representatives of the Commission of its acceptance criteria and test results must other environmental impacts on the recor*t.ls, premises, end activities end of be submitted to the appropriate region must be evaluated with due spe11t fuel or high-level radioactive Regional Office specified in Appendix A consideration of the characteristics of waste in its possession related to the of Part 73 of this chapter with a copy lo the population, inoludlng its dislribution. specific license as may be necessary to the Director, omce of Nuclear Material and of the regional environs, including effectuate the purposes of the Act, Safety and Safeguards, U.S. Nuclear its historical and esthetic values. including section 105 of the Act. Regulatory Commission, Washington, (f) The facility must be sited so as to (b) Each licensee under this part shall DC 20555, at least 30 days prior to the avoid to the extent possible the long-make available to the Commission for receipt of spent fuel or high-level term and short-term adverse impacts inspection, upo.n reasonable notice, radioactive waste. associated with the occupancy and records kepi by the licensee pertaining modification of floodplains.
§ 72A4 Vlol8Uona.
to its receipt, possession, packaging, or transfer of spent fuel or high-level An injunction or other court order § 72,92 Oetlgn basla extemaJ natural may be obtained prohibiting any event&. radioactive w11ste. (c)(l) Each licensee under this part ylolation of any _provision of the Atomic {a) Natural phenomena that may exist shall upon request by the Director, Energy Act of 1954, as amended, or title or that can occur in the regJon of a Office of Nuclear Material Safety and U of the Energy Reorganization Act of proposed site mu.st be identified and Safeguards or the appropriate NRC 1974, as amended, or any regulation or assessed according lo their potential Regional Administrator provide rent* order issued thereunder. A coo.rt order effects on the safe operation of the ISFSI free office space for the exclusive use of may be obtained for the payment of a or MRS. The important natural the Commission inspection persoMel. civil penalty imposed pursuant to phenomena that affect the ISFSI or MRS Heal, air conditioning. light, electrical section 234 of the. Atomic E-nergy Act for design must be identified. outlets and janitorial services shell be violation of sections 53, 57, 62, 63, 81, or (b) Records of the occurrence and furnished by each licensee. The office 82 of the Atomic Eoergy Act, or section severity of those important natural shall be convenient to and have foll 206 of the Energy Reorganization Act of phenomena must be collected for the access to the installation and shall 1974, or any rule, regulation, or order region end evaluated for reliability, provide the inspector both visual and issued thereunder, or any term, accuracy, and completeness, The acoustic privacy, condition, or limitation of an.y license applicant shall retain these records until (2) F"or a site with a single storage j3sued thereunder, or for any violation the license Is i:isuecL for which a license may be revoked (c) Appropriate methods must be installation the space provided shall be under section 188 of the Atomic Energy adopted for evaluating the design basis adequate to accommodate a full-time inspector, a part-time secretary, and Act. Any person who willfully violates external natural events based on the transient NRC personnel and will be any provision of the. Atomic Energy Act, characteristics of the region and the generally commensurate with other or any regulation or order issued current state of knowledge about such office facilities at the site. A space of thereunder, may be guilty of a crime events, 250 sq, ft.. eith.e r within the site's office and, upon conviction, may be punished
§ 72.94 Design basl* external man-complex or in an office trailer, or other by fine or imprisonment or both, as Induced events.
onsite space, is suggested as a guide. For provided by law. (a) The region must be examined for sites containing multiple facilities. Subpart £-Siting Evaluation Factora both past and present man-made additional space may be requested to facllitjes and activities that might accommodate additional full-time § 72.90 General conelderatlone. endanger the proposed IS_FSl or MRS. ins peclorll. The office space tha t is (a) Site oharaotcristfos that may The important potential man-induced provided shall be subject to the directly affect the safety or events that affect the ISFSI or MRS approval of the Director, Office of environmental impact of the ISFSI or design must be identified. Nuclear Material Safety and Safeguards MRS must be investigated and assessed. {b) Information concerning the or the appropriate NRC Regional (bl Proposed sites for the ISFSl or potential occurrence and severity of Administrator. All furniture, supplies MRS must be examined with respect to such events must be collected and and Commission equipment will be the fTequency and the severity of evaluated for reliability, accuracy. and furnished by the Commi1,1sion. external natural and maninduced events completeness, (3) Each licensee under this part shall that could affect the safe operation of (c) Appropriate methods must be afford any NRC resident inspector the ISFSI or MRS. adopted for evaluating the design basis assigned lo that site, or other NRC (c) Design basis external events must external man-induced events, based on inspectors Identified by the Regional be determined for each combination of the i;urrenl state of knowledge about Administrator es likely to inspect the proposed site and proposed ISFSI or such events. installation, immediate unfettered MRS design. access, equivalent to ecce!l!I provided (dJ Proposed sites with design basis § 72.96 Siting Pmltatlon,, regular plant employees, following external events for which adequate (a) An ISFSI whicb is owned and proper identification end compliance protection cannot be provided through operated by DOE must not be located at with applicable access control rne1,1sures lSFSl or MRS design shall be deemed
- any site within which there is a STATUTORY ADD 161
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 211 of 245 31672 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations candidate site for a HLW repository. (3) Any special characteristics that potential or other soil instability due to This limit ation shall apply until such may influence the potential vibratory ground motion. time as DOE decides that such consequences of a release of radioactive (d) Site-specific investigations and candidate site is no longer a candidate material during the operational lifetime laboratory analyses must show that soil site under consideration for of the ISFSI or MRS. conditions are adequa te for the development as a HLW repository. proposed foundation loadir.g.
§ 72.100 Defining potentlal effects of the (bl An MRS must not be sited in any (e} In an evaluation of alternative ISFSI or MRS on the region.
State in which there is located any site sites, those which require a minimum of approved for site characterization for a (a) The proposed site must be engineered provisions to correct site HLW repository. This limitation shall evaluated with respect to the effects on deficiencies are preferred. Sites with apply unt il such time as DOE decides populations in the region resulting from unstable geologic characteristics should that the candidate site is no longer a the release of radioactive materials be avoided. candidate site under consideration for under normal and accident conditions (0 The design earthquake (DE} for use development as a repository. This during operation and decommissioning in the design of structures must be limitation shall continue to apply to any of the ISFSI or MRS; in this evaluation determined as follows: site selected for construction as a both usual and unusual regional and site (1) For sites that have been evaluate d repository. characteristics shall be taken into under the criteria of Appendix A of 10 (c] If an MRS is located, o r is planned account. CFR Part 100, the DE must be equivalent to be localed, within 50 miles of the first (b) Each site must be evaluated with to the safe shutdown earthquake (SSE) HLW repository, any Commission respect to the effects on the regional for a nuclear power plant. decision :approving the first l:ILW environment resulting from construction, (2) Regardless of the results of the repository application must limit the operation, and decommissioning for the . investigations anywhere in the quantity of spent fuel or high-level ISFSI or MRS; in this evaluation both continental U.S., the DE must have a radioactive waste that may be stored. usual and unusual regional and site value for the horizontal ground motion This limit ation shall prohibit the storage characteristics must be taken into of no less than 0.10 g with the of a quantity of spent fuel c,ontaining in account. appropriate response spectrum.. excess of 70,000 metric tons of heavy
§ 72.102 Geologlcal end oelsmologlcal § 72.104 Criteria for radioactive materials metal, or a quantity of solidified high- charactertotlcs.
level radioactive waste resulting from In effluents and direct radiation from an the reprocessing of such a quantity of (a}(l) East of the Rocky Mountain ISFSI or M~S. spent fue I, in both the repository and the Front (east of approximately 104° west (a} During normal operations and MRS until such time as a second longitude), except in areas of known anticipated occurrences, the annual repository is in operation. seismic activity including but not limited dose equivalent to any real individual (d] An MRS authorized by section to the regions around New Madrid, MO, who is located beyond the controlled 142(b) of NWPA (101 Stat. 1330-232, 42 Charleston, SC, and Attica, NY, sites area must not exceed 25 mrem to the U.S.C. 10162(b)) may not be constructed will be acceptable if the results from whole body, 75 mrem to the thyroid and in the State of Nevada. The quantity of onsite foundation a nd geological 25 mrem to any other organ as a result spent nuclear fuel or high-level investigation, literature review, and of exposure to: radioactive waste that may be stored at regional geological r,econnaissance show (1) Planned discharges of radlioactive an MRS authorized by section 142(b) of no unstable geological characteristics, materials. radon and its decay products NWPA shall be subject to the soil stability problems, or potential for excepted, to the general environment, limitations in § 72.44(g) of this par t vibratory ground motion at the site in (2) Direct radiation from ISFSI or MRS instead of the limitations in paragraph
- excess of an appropr iate response operations, and (c) of this section. spectrum anchored at o.z g. (3) Any other radiation from uranium (2) For those sites that have been fuel cycle operations within the region.
§ 72.99 Identifying reglono around an evaluated under paragraph (a)(l) of this ISFSI or MRS site. (b) Operational restrictions must be section that are east of the Rocky established t,o meet as low as is (a) Tlie regional extent of external Mountain Front, and that are not in reasonably achievable objectives for phenomena, man-made or natural, that areas of known seismic activity, a radioactive materials in effluents and are used as a basis for the design of the standardized design earthquake (DE) direct radiati.on levels associated with ISFSI or MRS must be identified. described by an appropriate response ISFSI or MRS operations.
(b) The potential regional impact due spectrum anchored at 0.Z5 g may be (c) Operational limits must be to the construction, operation or used. Alternatively, ,a site-specific DE established for radioactive materials in decommissioning of the ISFSI or MRS may be determined by using the criteria effluents andl direct radiation levels must be identified. The extent of and level of investigations required by associated with ISFSI or MRS regional impacts must be determined on A!l)pendix A of Part 100 of this chapter. operations to meet the limits given in the basis of pote ntial mea.surable effects (b) West of the Rocky Mountain Front paragraph (a1of this section. on the population or the environment (west of approximately 104° west from ISFSI or MRS activities. longitude), and In other areas of known § 72.108 Controlled area of an ISFSI cw (c) Those regions identified pursuant potential seismic activity, seismlcity w ill MRS. to paragraphs (a) and (b) or this section be evaluated by lhe techniques of (a] For each ISFSI or MRS sit 11. a must be investigated as appropriate Appendix A of Part 100 of this chaptel', controlled area must be establishud. wilh respect to: Sites that lie wilhin lhe range of slrong (b) Any lndh1idual located on or (1) The pres,,nt and future character n.::..1*-ridd ground motion from his torical beyond the neared! boundary or the and the distribution of popul;,ticm, earthquakes on large capable faults controlled ar,e a shall not receive a dose (21 Consideration or present and s hould be a voided.
- grea ter t_han 5 rem to the whole body or projetted future uses of land and water (o} Sites other thu mbedrock sites must any organ from any design basis within the region, and ba evaluated for their liquefaction accident. The minimum distance from STATUTORY ADD 162
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 212 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31673 the spent fuel or high-level radioactive designed to withstand the effects of and other facilities unless it is shown waste handling and storage facilities to natural phenomena such as that such sharing w ill not impair the the nearest boundary of the controlled earthquakes, tornadoes, lighting, capability of either facility to perform its area shall be at least 100 meters. hurricanes, floods, tsunami, and seiches, safety functions, including the ability to (c) The controlled area may be without impairing their capability to return to a safe condition in the event of traversed by a highway, railroad or perform safety functions. The design an accident. waterway, so long as appropriate and bases for these structures, systems, and (e) Proximity of sites. An ISFSI or effective arrangements are made to components must reflect: MRS located near other nuclear control traffic and to protect public (i) Appropriate consideration of the facilities must be designed and operated health and safety. most severe of the natural phenomena to ensure that the cumulative effects of reported for the site and surrounding their combined operations will not § 72. 108 Spent fuel or high-level raulooctlvo waste transportation. area, with appropriate margins lo take constitute an unreasonable risk to the into account the limitations of the data health and safety of the public. The proposed ISFSI or MRS must be and the period of time in which the-data (f) Testing and maintenance of evaluated with respect to the potential impact on the environment of the have accumulated, and systems and components. Systems and (ii) Appropriate combinations of the components that are important to safety transportation of spent fuel or high-level effects of normal and accident must be designed to permit inspection, radioactive waste within the region. conditions and _the effects of natural maintenance, and testing. Subpt'lrt F-General Design Criteria phenomena. (g) Emergency copability. Structures, The ISFS! or MRS should also be systell)s, and components important to § 72.120 General conr;tderatlons. designed to prevent massive collapse of safety must be designed for (a) Pursuant to the provisions 0£ building structures or the dropping of emergencies. The design must provide § 72.24, an application to store spent fuel heavy objects as a result of building for accessibility to the equipment of in an ISFSI or to store spent fuel or high* structural failure on the spent fuel or onsite and available.offsile emergency level radioactive waste in an MRS must high-level radioactive waste or on t() facilities and ser vices such as hospitals, include the design criteria for the structures, systems, and components fire and police departments, ambulance proposed storage installation. These important to safety. service, and other emergency agencies. design criteria establish the design, (3) Capability must be provided for (h) Confinement barriers and systems. fabrication, construction, testing, determining the intensity of natural (1) The spent fuel cladding must be maintenance and performance phenomena that may occur for protected during storage against requirements for structures, systems, comparison with design bases of degradation that leads to gross ruptures and components important to safety as structures, systems, and components or the fuel must be otherwise confined defined in § 72.3. The general design important to safety. such that degradation of the fuel during criteria identified in this subpart (4) If the ISFSI or MRS is located over storage will not pose operational safety establish minimum requirements for the an aquifer which is a major water problems with respect to its remova l design criteria for an ISFSI or MRS. Any resource, measures must be taken to from storage. This may be accomplished omissions in these general design preclude the.transport of radioactive by canning of consolidated fuel rods or criteria do not relieve the applicant from materials to the environment through unconsolidated assemblies or other the requirement of providing the this potential pathway. means as appropriate. necessary safety features in the design (c) Protection against fires and (2) For underwater storage of spent of the ISFSI or MRS. fuel or high-level radioactive waste in explosions. Structures, systems, and (b) The MRS must be designed to components important to safety must be which the pool water serves as a shield store either spent fuel or solid high-level and a confinement medium for designed and located so that they can radioactive wastes. Liquid h igh-level continue to perform their safety radioactive materials, systems for radioactive wastes may not be received maintaining water purity a nd the pool functions effectively under credible fire or stored in an MRS. If the MRS is a water level must be designed so that and explosion exposure conditions. water-pool type facility, the solidified any abnormal operations or failure in Noncombustible and heat-resistant waste form shall be a durable solid with those systems from any cause will not materials must be used wherever demcnstrable leach resistance. cause the water level to fall below safe practical throughout the ISFSI or MRS.
§ 72.122 Cvc;-c'.f r.iqi;Jrcments. particularly in locations vital to the limits. The design must preclude (3) Quality Standards. Structures, control of radioactive materi3ls and to installations of drains, permanently systems, and components important to the maintenance of safety control connected systems, and other features safety must be designed, fabricated, functions. Explosion and fire detection, that could, by abnormal operations or erected, and tested to quality standards alarm, and suppression systems shall be failure, cause a significant loss of water.
commensurate with the importance to designed and provided with sufficient Pool water level equipment must be safety of the function to be performed. capacity and capability to minimize the provided to alarm in a continuously (b) Proleclion against environmemal adverse effects of fires and explosions manned location if the water level in tbc conditions ondnatural phenomena. (1) on structures, systems, and components storage pools falls below a Structures, systems, and components important to safety. The design of the predetermined level. important to safety must be designed to ISFSJ or MRS must include provisions to (3) Ventilation systems and off-gas accommodate the effects of, and to be protect against adverse effects that systems must be provided where compatible with, site characteristics and might result from either the operation or neces.sary to ensure the confinement of environmental conditions associated the failure of the fire suppression airborne radioactive particulate wUh normal operation, maintenance, system. materials during normal or off-normal and testing or the ISFSI or MRS and to (d) Sharing of structures, systems, and conditions. withstand postulated accidents. components. Structures, systems, and (4) Storage confinement systems must l2) Structures, systems, and components impor tant to sa.fety must have the capability for continuous r.omponents Important to safety must be not be shared between an ISPSJ or MRS monitoring in a manner such that the STATUTORY ADD 163
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 213 of 245 31674 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations licensee will be able to determine when (i) Increase the probability or required inspections may involvo corrective action needs to be taken to consequences of an accident or occupational exposure must be maintain safe*storage conditions. malfunction of compone.nts, structures. designed, fabricated. located, shieldfd, (5) The high-level radioactive waste or systems that are important to safety; controlled, and tested so as to control must be packaged in a manner that or external and internal radiation allows handling and retrievability (ii) Reduce the margin of safety as exposures lo personnel. The design must without the release of radioactive defined in the basis for a~ technical Include means to: materials to the environment or speci£ications of either facility. (1) Prevent the accumulation of radiation exposures in excess of Part 20 (I) Retrievability. Storage systems radioactive material in those systems limits. The package must be designed to must be designed to allow ready requiring access: confine the high*level radioactive waste retrieval of spent fuel or high-level (2) Decontaminate those systems to for the duration of the license. radioactive waste for further processing which access is required; (i) Instrumentation and control or disposal. (3) Control access to areas of potential systems. lnstrurnenlalion and control § 72.124 Criteria for nuclear CflUCllllty contamina\ion or high radiation Within systems must be provided to monitor aafsty. the ISFSI or MRS; systems that are important to safety (4) Measure and control (a} Design for criticality safety. Spent contamination of areas requiring access; over anticipated ranges for normal operation and off-nonnal operation. fuel handling, packaging. transfer, and (5) Minimize the time required to storage systems must be designed to be perform work in the vicinity of Those instruments and control systems that must remain operational under maintained subcritical and to ensure radioactive components; for example, by that, before a nuclear critioalily accident providing sufficient space for ease of accident conditions must be identified In is possible, at least two unlikely, the Safety Analysis Report. operalion and designing equipment for independent, and concurrent or ease of repair and replacement: and (j) Control room or control area. A control room or cont:(ol area. if sequential changes have occurred in lhe (6) Shield personnel from radiation condilions essential to nuclear criticality exposure. appropriate for the ISFSI or MRS design. safety. The design of handling, must be designed to permit occupancy (b) Radiological alarm systems. and actions to be taken to monitor the packaging, tranafer, and storage systems Radiological alarm systems must be must include margins of safety for the provided in accessible work areas as ISFSJ or MRS safely under normal nuclear criticality parameters that a.re appropriate to warn operating personnel conditions, and to provide safe control commensurate with the uncertain lies in of the ISFSI or MRS under off-normal or of radiation and airborne radioactive the data and methods used in material concentrations above a given accident conditions. calculations and demonstrate safety for (kl Utilily or other services. (1) Each setpoint and of concentrations of the handling, packaging. transfer and radioactive material in ernuents above utility service system must be designed storage conditions and in the nature of to meet emergency conditions. The control limits. Radiation alai,n systems the immediate environment under must be designed with provisions for design or utility services and accident conditions. distribution systems that are important (bl Methods of criticality control. calibration and testil'\g lheir operability. to safety must include redundant (c) Effluent end direct radiation Wbe11 practicable the des.ign of an JSFSI syatems to the extent necessary to or MRS must be based on favorable monitoring. (1) As appropriate for the maintain, with adequate capacity, tbe handling and storage system, cfnuent geometry, permanently fixed neutron systems must be provided. Means for ability to perform safety functions absorbing materials (poisons). or both, assuming a single failure. Where solid neutron absorbing measuring the amount of radionuclides
. (2) Emergency utility services must be materials are used. the design shall in effluents during normal operalions designed to permit testing of the provide for positive means lo verify and under accident conditions must be functional operability and capacity, their continued efficacy. provided for these systems. A means of including the full operational sequence, (c) Crltica/ity Monitoring. A criticality measuring the flow of lhe diluting of each system for transfer between monitoring system shall be maintained medium, either air or water, must also normal and emergency supply sources; in each area where special nuclear be provided.
and to permit the operatfon of material is handled, used. or stored (2) Areas containing radioactive sssociated safety systems. which will energize clearly audible materiaJs must be provided with (3) Provisions must be made so that, in alarm signals if accidental criticslily systems for measuring the direct the event of a loss of the primary occun. Underwater monitoring is not radiation levels in and around these electric power source or circuit, reliable required when special nuclear material areas, and timely emergency power will be is handled or stored beneath water (d) Effluent conlrof. The ISFSI or MRS provided to instruments, utility service shielding. Monitoring of dry storage must be designed to ptovide means to systems, the central security alarm areas where special nuclear material is Limit to levels as low as is reasonably station. and operating systems. in packaged in its stored configuration achievable the release of radioactive amounts sufficient to allow safe storage under a license issued under this materials in effluents during normal conditions lo be maintained and to subpart is not required. operations: and control the release of permit continued functioning of all radioactive materials under aooident systems essential lo safe storage. § 72.126 Crtt~rtD for rcidlologle.al conditions. Analyses must be made to (4) An ISFSI or MRS which is located protection. show that releases to the general on the site of another facility may share (a) Exposure control. Radiation environment during normal operations common utilities and services with such protection systems must be provided for and anticipated occurrences will be a facility and be physically connected all areas and operations where,onsile within the exposure limit given in with the other facility; however, the per1onnel may be-exposed to radlation § 72,.104. An:ily11e~ nf design besis sharing of utilities and services or the or airborne radioactive materials. accidents must be made to show that physical connection must not Structures, systems. and components for releases lo the general environment will significantly: which operation. maintenance, and be within the exposure limits given in STATUTORY ADD 164
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 214 of 245 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31675
§ 72.106. Systems designed to monitor
- quality assurance actions related to retain responsibility for the program.
the release of radioactive materials must control of the physical characteristics The licensee shall clearly establish and have means for calibration and testing and quality of the material or delineate in writing the authority and their operability. component to predetermined duties of persons and organizations § 72.128 Criteria for epent fuel, high-level requirements. performing activities affecting the radioactive waste, and other radioactive (b) Establishment ofprogram. Each functions of structures. systems and waste storage and handling. licensee a shall establish, maintain, and components which are important to execute a quality assurance program safety. These activities include
'(a) Spent fuel and high-level radioactive woste storage and handling satisfying each of the applicable criteria performing the functions associated with of this subpart, and satisfying any attaining quality objectives and the systems. Spent fuel storage, high-level specific provisions which are applicable radioactive waste storage, and other quality assurance functions. The quality to the licensee's activities. The licensee assurance functions are:
systems that might contain or handle shall execute the applicable criteria in a radioactive materials associated with (a) Assuring that an appropriate graded approach to an extent that is quality assurance program is spent fuel or high-level radioactive commensurate with the importance to waste, must be designed to ensure established and effectively executed safety. The quality assurance program end adequate safety under normal and must cover the activities identified in accident conditions. These systems must (bl Verifying, by procedures such as
§ 72.Z4(n) throughout the life of the checking, auditing, and inspection. that be designed with- licensed activity, from the site selection (1) A capability to test and monitor activities affecting the functions that are through decommissioning, prior to important to safety have been correctly components important to safety,
{2) Suitable shielding for radioactive tenninalion of the license. performed. The persons and (c) Approval ofprogram. Prior to organizations performing quality protection under nonnal and accident receipt of spent fuel at the ISFSI or spent conditions, assurance functions must have sufficient (3) Confinement structures and fuel and high-level radioactive waste at authority and organizational freedom to systems, the MRS, each licensee shall obtain identify quality problems; to initiate, (4) A heat-removal capability having Commission approval of its quality assurance program. Each licensee shall recommend, or provide solutions; and to testability and reliability consistent with verify implementation of solutions. its importance to safety, and file a description of its quality assurance program, including a discussion of The persons and organizations (5) means to minimize the quantity of performing quality assurance functions radioactive wastes generated. which requirements of this subpart are applicable and how they will be shell report to a management level that (b) Waste treatment. Radioactive ensures that the required authority and waste treatment facilities must be satisfied, with the Director, Office of Nuclear Material and Safeguards, U.S. organizational freedom, including provided. Provisions must be made for sufficient independence from cost and the packing of site-generated low-level Nuclear Regulatory Commission~ Washington, DC 20555. schedule considerations when these wastes in a form suitable for storage considerations are opposed to safety onsite awaiting transfer to disposal (d) Previously approved programs. A sites. Commission-approved quality assurance considerations, are provided. Because of program which satisfies the applicoblc the many variables involved, such as the § 72.130 Criteria for decommlaslonlng. criteria of Appendix B to Part 50 of this number of personnel, the type of activity The ISFSI or MRS must be designed chapter and which is established, being performed, and the location or for decommissioning. Provisions must be maintained, and executed with regard to locations where activities are made to facilitate decontamination of an ISFSI will be accepted as satisfying performed, the organizational structure structures and equipment, minimize the the requirements of paragraph (b) of this for executing the quality assurance quantity of radioactive wastes and section. Prior to first use, the licensee program may take various forms contaminated equipment, and facilitate shall notify the Director, Office of provided that the persons and the removal of radioactive wastes and Nuclear Material Safety and Safeguards, organizations assigned the quality contaminated materials at the time the U.S. Nuclear Regulatory Commission, assurance functions have the required ISFSI or MRS is permanently Washington, DC 20555, of its intent to authority and organizational freedom. decommissioned. apply its previously approved Appendix Irrespective of the organizational B program to ISFSI activities. The structure, the individual(s) assigned the Subpart G-Ouallty Assurance licensee shall identify the program by responsibility for assuring effective date of submittal to the Commission, execution or any portion or the quality § 72.140 Qua!lty a8$urance requirements. docket number, and date of Commission assurance program at any location (a) Purpose. This subpart describes approval. where activities subject to this section quality assurance requirements applying are being performed must have direct to design, purchase, fabrication, § 72.142 Quality aosurance organization. access to the levels of management handling, shipping, storing, cleaning, The licensee shall be responsible for necessary to perform this function. assembly, inspection, testing, operatlon, the establishment and execution of the maintenance, repair, modification of quality assurance program. The licensee § 72.144 Quality oesurance program. structures, systems, and components, may delegate to others, such as (aJ The licensee shall establish. at the and decommissioning that are Important contractors, agents, or consultants, the earliest practicable time consistent with to safety. As used in this subpart, work of establishing and executing the the schedule for accomplishing the "quality assurance" comprises all those quality assurance program, but shall activities, a quality assurance program planned and systematic actions which complies with the requi rements of necessary to provide adequate ~ While the term "licentce" ie uaed in these this subpart. The licensee shall confidence that a structure, system, or crltetlu. the rnqulrementa are epplicoblo to document the quality assurance program component will perform setisfactorily in whatever design, copalnicllo.n. l&bricullon, onembly. ond leallng Is ocoompllshed wllh re~pecl by written procedures or instructions service. Quality assurance includes lo alrucnm,., eya!Om1, nnd components prior 10 the and shall carry out the program in quality control, which comprises those lime o 11censo ** iuued. accordance with these proceduras STATUTORY ADD 165
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 215 of 245 31676 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations throughout the period during which (he regulatory requirements and the design assure adequate quality are included or ISFSI or MRS is licensed. The licensee basis, as specified in the license referenced in the documents for shall identify the structures, systems, application for those structures, procurement of material, equipment. and nnd components to be covered by the systems, and components to which ,t his services, whether purchased by the quality assurance program, the major section applies. are correctly translated licensee or by its contractors or organizations participating in the into specilicatioos. drawings, subcontractors, To the extent necessary. program, and the designated functions procedures, and instructions. These the 'licensee shall require contractors or or these organizaliono. measures must include provisions to subcontractors to provide a quality {h) The licensee, through its quality ensure that appropriate quality assurance program consistent with the assurance program, shall provide standards are specified and included in applica.ble provisions of this subpart control over activities affecting the design documents and that deviations qua Ii ty of the identified sttuctures, from standards are controlled. Measures § 72.150 lnatruc:tlona, proced11res, and systems, and components to an extent must be established for the selection drowlng9, commensurate with the importance to and review for suitability of application
- The licensee shall prescribe activities safely, and as necessary to ensure or materials. parts, equipment, and affecting quality b y documented conformance to the approved design of processes that are essential lo the instructions, procedures, or drawings of each ISFSJ or MRS. The licensae shall fUJ1ctions or the structures, systems. and a type appropriate to the circumstances ensure that activities affecting quality components which nra important to and shall require that these instructions.
are accomplished under suitably safety. ,procedures, and drawings be followed. controlled conditions. Controlled (b) The licensee shall establish The i:nstructions, procedures, and conditions include the use or measures for the identification and drawings must include appropriate appropriate equipment: suitable control of design interfaces and for quantitative or qualitative acceptance environmental conditions for coordination among participating design criteria for determining that important accomplishing the activity. such as organizations. These measures must activities have been satisfactorily adequate cJeanliness: and assurance include the establishment of written accomplished. that all prerequisites for the given procedures among participating design activity have been satisfied. The organizations for the review, approval. § 72.152 Document control. licensee shall take into account the need release, distribution, and revision of Th.e licensee shall establish meosures for special controls, processes, test documents involving design interfaces. to control the issuance of documents equipment, tools and skills to attain the The design control measures must such as instructions, procedures, and required quality and the need for provide for verifying or checking the drawings, including changes. which verification of quality by inspection and adequacy of desigri, by methods such as prescribe all activities a ffecting quality, test. design reViews, alternate or simplified These measures must assure that (c) The licensee shall base the caloulalional methods. or by II suitable documents, including changes, ere requirements and procedures of its testing program, For the verifying or reviewed for adequacy. approved for quality assurance program on the checking process, the licensee shall release by authorized personnel, and following considerations concerning the designate individuals or groups otber distributed and used at the location complexity and proposed use of the than those who were responsible for the where the prescribed activity is structures, systems, or components; original design, but who may be from performed. These measures must ensu.r e [1) The impact of malfunction or the same organization. Where a test that changes to documents are reviewed failure of the item on safety; program is used to verify the adequacy and approved. (2) The design and fabrication or u specific design fell lure in lieu of complexity or uniqueness of lhe Item: other vcrtfying or checking processes. § 72,154 Control of purchaeed malerld, (3) The need for speciaJ controls and the licensee shall include suitable equipment, anti aervlCfte. surveillance over processes and qualification testing of a prototype or (a) The licensee shall establish equipment: sample unit under the most adverBe measures to ensure that purchased (4) The dagree lo which functional design conditions, The licensee shall material, equipment a.nd services, compliance can be demonstrated by apply design control measures to items whether purchased directly or through inspection or test: and such as the following: criticality physics, contractors and subcontractors. conform (S) The quality history and degree of radiation, &hielding, stress, thermal, to the procurement documents. These standardization oi the item. hydraulic, and accident analyses: mesaures m1u;t include provisions. as [d1 The licensee shall provide for compatibility of materials; acce&Sibilily appropriate, for source evaluation and indoctrination and training of personnel for inservice inspection, maintenance, selection. cbjeol!ve evidence of GUb.lit"J performing activities affecting qu(l(ily as and repa ir: features to facilitate furnished by the contractor or necessary to ensure that suitable deconstamination; and delineation of subcontractor, inspection at the proficiency is achieved and maintained. acceptance criteria for inspr.ctions end contractor or subcontractor source, nnd The licensee shaJl review the status and tests. examination of products upon deliv2ry. adequacy of the quality assurance [cJ The licensee shall subject design program at established intervals. changes, including field changes, to (b) The licensee shall have available Management or other organizations design control measures commensurate documentary evidence that material a;1d participating in the quality assurance with those appiled to the original design. equipment conform to the procurament program shall regularly rev iew the Changes in the conditions specified in specifications prior lo installation or use status and adequacy of the t part of the the license require NRC approval. of the material and equipment. The quality assurance program which they licensee shall retain or have available
§ 72.148 Procurement doeumont control. this documentary evidence for th2 life o(
are executing. The licensee shall establi~h measures ISPSI or MRS. The licensee shall en s-ure
§ 72.146 Deeten control. to assure that a_pplicable regulatory that the evidence is tiufficienl to identify (aj The licensee shall establish requirements, design bases, and other the specific requirements met by the meas11reA to ensure that applicable requirements which are necessary to purchased materio\ a_nd equipment.
STATUTORY ADD 166
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 216 of 245 Federal Register / Vol. 53, No. 161 / Friday, August -19, 1988 / Rules and Regulations 31677 {c) The licensee or designee shell § 72.1&2 Teat eontrol, f 72.170 Nonconforming materials, parts, assess the effectiveness or the control of or comp0nenta. The licensee shell establish a test quality by contractors and program to ensure that all testing The licensee shall establish measures subcontractors et intervals consistent required to demonstrate that the to control materials, parts, or with the importance, complex.Hy, and s tructures, systems, and components components that do not conform to the quantity of the product or services. will petfotm ea tlsfactorily in service is licensee's requirements in order to identified and performed in accordance prevent their inadvertent use or
§ 72.156 ldentlflcallon and control of installation. These measures must mater111, pa,u, and componenta. with written test procedures that incorporate the requirements of this part include, as appropriate. procedures for The licensee shall estab1isb measures identification, documentation, and the requirements and acceptance segregation, disposition, and notification for the identification end control of limits contained in the lSFSI or MRS materials, parts, and components. These to affected organizations.
license. The test procedures must Nonconforming items must be reviewed measures must ensure that identification include pr-ovisions for assuring that all of the item ie maintained by heal end accepted, rejected, repaired. or prerequisites for the given test are met, reworked in accordance with number, part number. serial number, or tha t adequate test instrumentation is other appropriate means, either on the documented procedures. available and used, a nd that the test is item or on records traceable lo the item performed under suitable environmental § 72.172 Correcuve action. as required, throughout fabrication, conditions, The licensee shall document installation, and use of the item. These The licensee shall establish measures and evaluate the test results lo ensure to ensure that conditions adverse to identification and control measures that test requirements have been quality, such as failures, malfunctions. must be designed to prevent the use of satisfied. deficiencies, deviationa, defective Incorrect or defective materials, perts, material and equipment, and and components. § 72. 164 Control of meatur1ng and test nonconformancea, are promptly equipment. f 72.158 Control of special processes. identified and corrected. In the case of a The licensee shall establish measures significant condition adverse to quality, The licensee shell establish measures to ensure that tools, gouges, instruments, the measures must ensure that the cause to ensure that special processes, and other measuring and testing devices of the condition is determined and including welding, heal treating. and used In activities affecting quality a re corrective action is taken to preclude nondestructive testing. are controlled properly controlled, calibrated, end repetition. The identification of the and accomplished by qualified adjusted e t specified periods to maintain significant condition adverse to quality, personnel using qualified procedures in accuracy within necessary limits. the cause of the condition, end the accordance wi th applicable codes, cotTective action taken must be standards, specifications, criteria, and § 72.166 Handlfng, storage, end ahlpplng documented and reported to appropriate other special requirements. control. levels of management. The licensee shall establish measures
§ 72.160 Ucenaff Inspection. § 72.174 011at1tv auurance records..
to control. iJI accordance with work and The licensee shall establish end inspection instructions, the handling, The licensee shall maintain suffici1?nt execute a program for inspection of sto rage. shipping, cleaning, and records to furnish evidence of activities activities affecting quality by or for the preservation of materials and equipment affecting quality. The records must organization performing the activity to lo prevent damage or deterioration. include the following: design records. verify conformance with the When necessary for particular products, record& of use and the results of documented instructions, procedures, special protective environments, such es reviews. inspections, tests. audits, and drawilli!S for accomplishing the Inert gas a tmosphere, and specific monitoring of work performance. and activity. l'he inspection must be moisture content and temperature levels maler-ials analyses. The records must performed by individuals other than must be specified and provided. include closely related data such es those who performed the activity being qualifications of personnel, procedures. inspected. Examinations, measurements, § 72.168 lnapectlon, test. and operntln,g and equipment. Inspection and lest or tests of materiel or products atatus. records must. al a minimum. identify the processed must be performed for each (a) The licensee shall establish inspector or data recorder. the type of mea11ures to indicate, by the use or observalion, the results, the work operation where necessary to acceptability, and the action taken in assure quality. If direct inspection or markings such as stamps, legs. labels. connection with any noted deficiencies. processed meterla) or products cannot touting cards. or other suitable means, Records must be identifiable and be canied out, indirect control. by the status of inspections end tests retrievable, Records pertaining to the monitoring processing methods, performed upon i ndividual items of the design, fabrication. erection, testing, equipment, and personnel must be ISFSI or MRS. These measures must maintenance, and use of s tructures. provided. Both inspection and process provide for the identification of items systems, and components Important to monitoring must be provided when which have satisfactorily passed safely shall be maintained by or under quality control is inadequate without required in_speotion9 and tests where the control of the licensee until the both, If manda tory Inspection hold necessary to preclude inadvertent Commission terminates the license. points, which require witnessing or bypassing of the inspections and tests. inspecHng by the licensee's designated (b) The licensee shall establish § 72.176 Audits. representative a nd bayond which work m.;asure:: to identify the operating status The licensee shell carry out a should not proceed without the consent of structures, systems. and components comprehensive system of plenm?d and of its designated representative, are or the ISFSI or MRS. such as tagging periodic audits to verify compliance required. the specific hold points must valves and switches, to prevent wilh ell aspects of the quality assurance be indicated in appropria te documents. Inadvertent opera lion. program and to determine the STATUTORY ADD 167
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 217 of 245 31678 Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulation s effectiveness of the program. The audits categories of information relating to in the operation. Supervisory personnel must be performed in accordance with nuclear facil ilies licensed under Part SO who personally direct the operation of written procedures or checklists by of this chapter. (The fifth category of equipment and controls that are appropriately trained personnel not information, Procedures, does not have important to safety must also be having direct responsibilities in the to be submiUed for approval,) certified in such operations. areas being audited. Audited results (b) The licensee shall prepare and must be documented and reviewed by maintain safeguards contingency plan § 72. 192 9perator training elttli management havin,g responsibility in the procedures in accordance with certification program. area audited. Follow-up action. Appendix C to 10 CFR Part 73 for The applicant for a license under th.is including re-audit of deficient areas, effecting the actions and decisions part shall establish a program for must be taken whe:re indicated. contained in the Responsibility Matrix training, proficiency testing, and of the licensee's safeguards contingency certification of ISFSI or MRS personnel. S:!bpart H-Physlcal Protiaetlon plan. The licensee shall retain a copy of This program must be submitted to the the current procedures as a record until Commission for a*pproval with the
§ 72.180 Phvsteal security plan.
the Commission terminates the license license application. The licensee shall establish a detailed for which the procedures were plan for security measures for physical developed and, if any portion of the § 72.194 Phyolcal requirement&. protection. The licensee shall retain a procedures is superseded, retain the The physical condition and the copy of the- current plan as a record until superseded material for three years after general health of personnel certified for the Commission terminates the license each change. the operation of equipment and controls for which the procedures were that are important to safety must not be developed and. if any portion of the plan § 72.186 Change to physical security and such as might cause operational errors is superseded, retain the superseded safeguardo contingency plans. that could endanger other in-plant material for three years after each (al The licensee shall make 110 change personnel or the public !health and change. This plan must consist of two that would decrease the safeguards safety. Any condition that might cause parts. Pa rt I must demonstrate how the effectiveness of the physical security impaired judgment or motor applicant plans to comply with the plan, guard t raining plan or the first four coordination must be considered in the applicable requirements of Part 73 of categories of inf9rmation (Background, selection of personnel for activities that this chapter and during transportation to Generic Planning Base, Licensee are important to safety. These and from the proposed ISFSI or MRS Planning Base, and Responsibility conditions need not categorically and must include the design for physical Matrix) cont ained in the licensee d isqualify a person, if appropriate protection and the licensee's safeguards safeguards contingency plan without provisions* are made to accommodate contingency plan and guard training prior approval of the Commission. A such defect. plan. Part II must list tests, inspections, licensee desiring to make a cha nge must audits, and other means to be used to submit an application for a license Subpart J-Provlolon of MRS demonstrate compliance with s uch amendment pursuant to § 72.56. Information to State Govemmonta and requirements. (b) The licensee may, without prior lndlan Trlbee Commission approval, make changes to
§ 72.182 0 3slgn ior physlc11t protcictlon. § 72.200 Provision of MRS Information.
the physical security plan, guard The design for physical protection training plan, or the safeguards (al The Director, Office of Nuclear must show the site layout and the design contingency pla n, if the changes do not Material Safety and Safeguards,_or the features provided to protect the ISFSI or decrease the safeguards effectiveneRs of Director's designee shall provide to the MRS from sabotage. It must include:
- these plans. The licensee shall maintain Governor and legislature of any State in (a) The design criteria for the physical
- records of ch anges to any such plan which an MRS authorized under the protection of the proposed ISFSI or made without prior approval for a Nuclear Waste Policy Act of 1982, as MRS: period of three years from the date of amended, is or may be located , to the (bl The design bases and the relation the change a nd shall furnish to the Governors of any contiguous States, to of the design bases to the design criteria Regional Administrator of the each affected un it of local government submitted pursuant to paragraph (a) of appropriate NRC Regional Office and to the governing b ody of any this section; and specified in Appendix A of Part 73 of affected Indian tribe, timely and (c) Information relative to materials of this chapter. with a copy to the Director, complete information regarding construction, equipment, general Office of Nuclear Material Safety and determinations or plans made by the arrangement, a nd proposed quality Safeguards, U.S. Nuclear Regulatory Commission with respect to siting, assurance program sufficient to provide Commission, Washington, DC 20555, a d evelopment, design, licensing, reasonable assurance that the final report containing a description of each const ruction, operation, regulation or security system will conform to the change within two months after the decommission ing of such monitored d esign bases for the principal design change is made. retrievable storage facility.
criteria submitted pursuant to paragraph {a) of this section. Subpart I -Training and Certification (bl Notwithstanding paragraph (a) of of Personn11I this section, the Dir,ecto r or the
§ 72.184 S::ileguards contingency plao. Director's designee iR not required to (11J The requirements of the licensee's § 72.190 Operlltor requirements, distribute any document to any entity if, s afeguo rds contlogency pla n for dealing Operation of equipment and controls with respect to such document, that with threats and rndiological sabotage that have been identified as important lo entity or its counsel is included on a must be as derincd in§ 73.40(b) of this safety in the Safety Analysis Report a nd service list prepared pursuant to Part 2 ,chapter. This plan must Include in the license mus t be limited to trained of this chapter.
Background. Genetic Planning Base. and certified personnel or be under the (c) Copies of all communications by Licensee Planning Base, and direct visual supervision of an the Director or the Director's desjgnee Responsibility Mnlflx. tho first four Individual with training and certiflcalion under th is section sha ll be placed in the STATUTORY ADD 168
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 218 of 245 FedeYal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31679 Commission's Public Document Room 2.70011, 2.719 also issur.d under 5 U.S.C. 544. docketing under§ 72.16(e) of this and shall be furnished to DOE. Sections 2.754, 2.760, 2.770 also issued under 5 chapter. U.S.C. 557. Section 2.764 and Table 1iA or 4. In § 2,105, paragraph (a] is amended
§ 72.202 PartlclpaUon In license revl-s. Appendix C also issued under secs. 135, 141, Pub. t.. 97-425, 96 Stat. 2232 2241 (42 U.S.C.
by del<itlng the word "or at the end of State and local governments and paragraph (6), by redesignating affected Indian tribes may participate in 10155, 10)01). Section 2.790 ulso issu-0d under sec. 103, 68 Stat. 936, os emended (42 U.S.C. paragraphs (7), (8) and (SJ as paragraphs license reviews as provided in Subpart (9), (10) and (11) aod by adding new G of Part 2 of this chapter. 2133) and 5 U.S.C . 552. Sections 2.600 and 2.808 also Issued under 5 U.S,C. 553. Section paragraphs (7) and (8) to read as
§ 72..204 NotJce to Statea. 2.809 also issued under 5 U.S.C. 553 and sec. follows:
- 29. Pub. L. ~256, 71 Stat S79, as amended ff the Govemor and legislature of a (42 U.S.C. 2039). Subpart K also issued under § 2.105 Notice of propos,ed action.
State have jointly designated on their sec. lil9, 68 Stal. 955 (42 U.S.C. 2239); sec. 134, (a] * *
- behalf a s insle person or entity to Pub. l.. 97-425, 96 Stot. 2230 (42 U.S.C. l0154). (7) A license under Part 72 of this receive notice and information from the Appendix A also issued under sec. 0, Pub. L.
Commission under this part, the chapter to acquire, receive or possess 91-560, 84 Stat. 1473 {42 U.S.C. 2135). spent fuel for the purpose of storage in Commission will provide such notice Appendix B elso, i.8sued under sec. 10, Pub. I..
~240, 99 Stat. 1659 (42 U.S.C. 202lj), an independent spent fuel storage and information to the jointly designated person ot entity instead of installation f!SFSI) or to acquire, receive
- 3. In § 2.104, paragraph (e) is revised or possess spent fuel. high-level the Governor and the legislature to read as follows:
separately, radioactive waste or radioactive
§ 2.104 Notice of II.earing.
material associated with high-level § 72.206 Representation. radioactive waste for the purpose of Any person who acts under this storage in a monitored retrievable s ubpart as a representative for a State (e) The Secretary will give timely storage installation (MRS}; (or for the Governor o.r legislature notice of the hearing to all parties and to (8) An amendment to a license thereoO or for an affected Indian tribe other persons, if any, entitled by law to specified in paragraph {eJ(7) of this notice. The Secretary will transmit a section when such an amendment shall include in the request or other notice of hearing on an applicati,on fore presents a genuine issue as to whether submission, or at the request of the Commission, a statement of the basis of license for a production or utilization the health and safely of the public will his or her authority to act in such facility, for a license for receipt of waste be significantly affected: or representative capacity. radioactive material from other persons
- The following conforming for the purpose of commercial disposal 5. In § 2.764, paragraph (cl is revised amendments a re a leo made to other by the waste disposal licensee, for a to read as follows:
parts of the Commission's regulations in license under Part 61 of this chapter, for Chapter 1, Title 10 of the Code of a license to receive and possess high- § 2,764 Immediate effectiveness ol lnltlal level radioactive waste at a geologic decision directing Issuance or amendmenl Federal Regulations, of construction permit or operotln9 license, repository operations area pursuant to PART 2-RULES OF PRACTICE FOR Part 60 of this chapter, and for a license DOMESTIC LICENSING PROCEEDINGS under Part 72 of this chapter to acquire, (c) An'initinl decision directing the receive or possess spent fuel for the issuance of an initial license for the
- 2. The authority citat'ion for Part 2 is purpose or storage in an independent construction and operation of an revised to read as follows: spent fuel stor~ge installation (JSFSI) to independent spent fuel storage Authority: Secs. 161, 181, 68 Stat. 948. 953. the governor or other appropriate installation (JSFSI) or monitored as amended (42 U.S.C. 2.201, 2231): sec. 191, as official of the State and to the chief retrievable storage installation (MRS) umended, Pub. L 87~15, 78 Stat. 409 (42 executive of the municipality in which under"lO Cf'R Part 72 shall become U.S.C. 2241): sec. 201, 88 Stat, 1242, as the facility is to be located or the effective only upon order of the amended (42 U.S.C. 58411: 5 U,S.C. 552. activity is to be conducted or, if the Commission. The Director of Nuclear Section 2.101 also !Hued under secs. 53, 82. facility is not to be located or the Material Safety and Safeguards shall 81, 103, 104, 105, 88 Stal. 930. 932, 933, 935, 936, 937, 938, as $mended (42 U.S.C. 2073. activity conducted within e not issue an initial license for the 2092, i!.093, 2111, 2133, 21S4, 2135): sec. 102, municipality, to the chief executive of construction and operation of an Pub. L. 91-190, 83 St11t. 853, os am.ended (42 the county (or to the Tribal organiza tion. independent spent fuel storage U.S.C. 4332): sec. 301. 88 S*tst. 1248 (42 U.S.C. if it is to be so located or conducted installation (lSFSI) or a monitored 5871). Section& 2.102, 2.103, 2.104. 2.10&, 2.721 within an Indian reservation). The retrievable storage inslallation (MRS) also ie:sued under seca. 102., 103, \04, 105, 183, Secretary will transmit a notice of under 10 CFR Part 72 until expressly 189, 68 Stat. 938, 937, 938. 954. 955, os amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under hearing on an application for a license under Part 72 of this chapter to acquire, ..
authorized to do so by the Commission. Pub. L 97-415, 96 Stat. 2073 (42 U.S.C. 2239). receive or possess spent fuel, high-level 8. In Appendix C, Table 1A, is revised Sections 2.200-2.200 a lso i.ssued under secs. . radioactive waste or radioactive to read ae follows: 186. 234, 88 Stat. 955. 83 Stat. 444, as amended material associated with high-level (42 U.S.C. 2238, 2282): sec. 208, 88 Stat. 1246 radioactive waste for the purpose of A ppendix C-General Stateme nt or (42 U.S.C. 5846). Sections 2.600-2.808 also storage in a monitored retrievable Policy and Procedure for NRC issued under sec. 102, Pub. L 91-190, 83 Stat. storage installation (MRS) to the same Enforcement Actions 853 as amended (42 U.S.C. 4332). Sections persons who received the notice of STATUTORY ADD 169
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 219 of 245 31680 Federal Register / Vol. 53. No. 161 / Friday, August 19, 1988 / Rules and Regulations TABLE 1A-8ASE CIVIL PENALTIES Plant Transpottalion operations. cons1roc- Sale9vardt Greater Type A tion. health than Type A qoar,tity pllySlcs and quantify* or less
- an EP a, *Power reaoto,$..........,........................................1,,,**,1 ..........................~......... ... - .................. ,,....., .,.. ,,,............, ... , ** , ** , ..... . S100,000 S100,000 $100,000 $5,000
- b. Test ,reaccors ..................."'...... ~,-H*Ot... ., ....... ................................................................ , ** u,,,. ... ............... ....................... ...... .. 10.000 10.000 10.000 2.000
- c. Research reactors and critical facilities ....................._ ................................................................................................ 5.000 s.ooo s.ooo 1.000
- d. Fuel labrica1ors and indus11,at P,OOUSSOfS * ................................................................................................................. 25.000
- 100.000 2S.UOO s.ooo
- e. Mms and Ufanium conversion lacililles .......................................................................................................................... 10.000 5,000 2,000
- f. Industrial users of material* .......................................................................................................................................... 10,000 5.000 2.000
- g. Waste disposal li<:811S005................................................................................................................................................ 10.000* 5.000 2.000
- h. Academic or medlcal lnstijU\lona * ................................................................................._ ......................................... . S.000 2.500 1.000 I. lndopendent spent ruel and monil01ed re~ievable storage 1ns1a11ations.................................................................... 25.000 100.000 25.000 5,000 j . Other material licensees ................................................................................................................................................. 1.000 2.500 1.000
' Includes Irradiated fuel, hfgti level waste, oni11adlated lisslle material and any othet quantities requiring Type 8 packaging,
- Includes low speclllc activity waste (LSA). low level was1e. Type A packages. and excel)led QlJantitles end artlcles.
- Large firms engaged In manufaoturlng (or dlslribution or byproduct source. or speclal nuclear material. *
- This amount refers lo Ca1ego,y 1 licensees (or defined In 10 CFR 73.2(bb)). Ucenseo fuel fabncalOfs not autholited lo possess CateCJO(Y 1 matetial t,ave a base penalty amount of sso.ooo.
- 1nc1ud'es indUstnal radiographers. nuctaar pllllimacl&s. and other indlls111al usera
- Thls applies to nonprolil lnstilutions not otherwise categorized under sections "a" through "g" in this table, production or utilization facility § 20.408 Repor1s of ~rso!'lnc>l mOl!ltorlng pursuant to Part 50 of this chapter. on termination of employment or work.
PART 19-NOTICES, INSTRUCTIONS, "Licensee means the holder of such a (a) This section applies to each person AND REPORTS TO WORKERS; INSPECTIONS license. licensed by the Commission to:
- 7. The authority citation for Part 19 is
{5) Possess spent fuel in an revised lo read as follows: PART 20-STANDARDS FOR independent spent fuel storage PROTECTION AGAINST RADIATION installs lion (ISFSI) or possess spent rue! Authority: Secs. 53. 63. 81. 103. 104. 101, 188, 68 Stal. 930. 933, 935. 936. 937. 948. 955. as 10. The authority citation for Part 20 is or high level radioactive waste in a amended. sec. 234. 63 Stat. 444. as amended revised to read as follows: monitored retrievable storage (42 u .s .c. 2073, 2003. 2111. 2133. 2134. 2201. installation (MRS) pursuant to Part 72 of 2236, 2282); sec. 201, 68 Stat. 1242. as Authority: Secs. 5(1. 63. 65. 61, 103. 104, 161. emended (42 U.S.C. 5841). Pub. L 95-601. &cc. this chapter; or 68 Stat. 930. 933, 935. 936, 937, 948. 09 10, 92 Stat. 2951 [42 U.S.C. 5851), amended (42 U.$.C. 2073, 2093. 2095. 2111.
- For the purposes of aec. 223. 68 Slat. 958. as 2133. 2134. 2201): aecs. 201. as amended. 202.
omended (42 U.S.C. 22731: H 19.ll(a). (c), [d). 208. 88 Sta t. 1242. as amended, 1 ~. 1246 (42 PART 21-REPORTING OF DEFECTS and (e) ond 19.12 are issued under sec. 161b. u .s.c. 5641, 5642. 5646). AND NONCOMPLtANCE 68 S181. 948. as a.mended (42 U.S.C. 220J{bJ): and§§ 19.13 and 19.14(&1 are issued under Section 20.408 also Issued under secs. t S5. 13. The authority citation for Part 21 is sec. 1610, 08 Slat. 9f>O. as omended (42 U.S.C. 141. Pub, L. 97-425. 96 Slut. 2232. 2241 (42 u.s.c. 10155. 10161 ). revised to read as follows: 22.0l(o)), For the p\lrposes of sec. 223, 68 Stat. 956. as Authority: Sec. 161, 68 Slat. 948, as
- 8. Section 19.2 is revised to read as amended (42 U.S.C. 2273). §§ 20.101. 20.102, amended, sec. 234, 83 Stat. 444. as amended follows: 20.103 (a). (bl and (I'), 20.104 (aJ and (b). (42 U.S.C. 2201, 2282); sec&. 201. as amended, 20.1os(b), 20.lOO[aJ, 20.201. 20.202(0). 20.20s. 200, 68 Slnt. 1242. as emended. 1246 {42 U.S.C.
§ 19.2 Scope. 20.207. 20.301. 20.303. 20.304. and 20.305 are 684t 5046).
The regulations in this part apply to issued under sec, 161b. 68 Stat. 948, as Sec. 21.Z also issued under secs. 135. 141. emended (42 U.S.C. 2201(b)): and §§ 20.102, Pub. L. 97-425. 96 Stat. 2232. 2.241 (42 U.S.C. all persons who receive,'possess, use, or 10155. 10161). transfer material licensed by the 20.103(e J. zo.401~2°'407. 20.408lbl and 20.409 are Issued under sea. 1610. 68 Stot. 950. 88 f*or the purposes 0£ sec. 22!1, 68 Stal 958. as Nuclear Regulatory Commission emended (42 U.S,C. 2273): §§ 21.6, 21.21(a) pursuant to the regulations in Parts 30 amended (42 U.S.C. 2201(0)1. and 21.31 ere issued under sec. 161b. 68 Stat. through 35. 39, 40, 60. 61, 70, or 72 of this :11. Section 20.2 ls revised to read as 948. es amended (42 U.S.C. 2201.{b)I; and chapter, including persons licensed lo follows: § § 21.21. ZUl and 21.Sl are isused under sec. operate a production or utilization 1610 . 68 Stal. 950. as amended {42 U.S.C. Facility pursuant to Part SO of this § 20.2 Scope>. 2201(0)). chapter. The regulations in this part apply to 14. Section 21.2 is fevlsed to reed es
- 9. In § 19.3, paragraph (d) is revised to all persons who receive. possess, use, or follows:
- read as follows: transfer material licensed pursuant to the regulallons in Parts 30 through 35. 39, §21.2 Scope.
§ 19.3 Oeflnltlon1. 40. flO. 61. 70. or 72 of this chapter, The regulations in this part apply.
including persons licensed to operate a except as specifically provided (d) "License" means a license issued production or utilization racility otherwise in Perl$ 31, 34. 35, 39. 40. 00, under the regulations.in Parts 30 through pursuant to Part 50 of this chapter. 61, 70. or 72 of this chapter. to each
- 35. 39, 40. 60. 61, 70, or 72 of this chapter, 12. In § 20.408. p1,1.ragrapb (a)(5) Is Individual. partnership. corporation, or including licenses to operate a revised lo read as follows1 other entity licensed pursuant to the STATUTORY ADD 170
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 220 of 245 federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31681 regulations in this chapter to possess, PART 51-ENVIAONMENTAL its applicatipn to the Director of Nuclear use. and/or transfer within the United PROTECTION REGULATIONS FOR Ma terial Safety and Safeguards the States source material, byproduct DOMESTIC LICENSING AND RELATED number of copies, as speciried in § 51.66. material, special nuclear material. and/ REGULA TORY FUNCTIONS of a separate document. entitled or spent fuel and high-level radioactive "Applicant's Environmental Report" or waste, or to construct, manufacture, 15. The authority citation for Part 51 is ;,Supplement to Applicant's revised to read as follows: Environmental Report," as appropriate. possess. own, operate and/or transfer
- within the United States, any production Authority: Sec. 161, 68 Stal. 948, 88 The "Applicant's Environmental Report.
or utilization facility, or independent amended (42 U.S.C. 2201 ): secs. 201, 88 shall contain the informs lion specified emended, 202. 88 Stet, 12.42, as amended. 1244 in § 51.45. If the application is for an spent fuel storage installation (ISFSI) or \42 u.s.c. 5841, 5842). monitored retrievable storge installation amendment to or a renewal of a license Subperl A also issued under National (MRS). and to each director {see Environmental Policy Act of1969, secs. 102, or other form of permission for which § 21.3(f)) and responsible officer (see 104, 10S, 83 Stet. 85~4. es amended (42 the applicant has previously submitted U$.C. 4332. 4334, 4335); end Pub. L. 9Hl04, an environmental report, the supplement § 21.3(j]) of such a licensee. The Title IJ. 92 Stat. 3033-3041, Sections 51.Z0. lo applicant's environmental report may regulations in this part apply also to 51.30, 51.60, 51.61, 51.80, and 51,97 also issued be limited lo incorporating by reference, each individual. corporation, under seas. 135, 141, Pub. L. 97--425, 96 Stat. updating or supplementing the partnership or other entity doing 2232, 2241, end sea. 148, Pub. L. 100-203, 101 informatioi:, previously submitted to business within the United States, and Stet. 133~235 (42 U,S.C, 10155. 10161, 10168). reflect an,y significant environmental each director and responsible officer of Section 51.22 also issued under sec. 274, 73 change, including any significant such organization that constructs {see Stat. 688, es emended by 92 Stet, 303&-3036 environmental change resulting from § 21.3(c)) a production or utilization (42 \J.S.C. 20211. operational experience or a change in facility licensed for manufacture, 16. In § 51.20, paragraph (b)(9) is operations or proposed construction or operation (see § 21.a(h}) revised to road as follows: decommissioning 11ctivilies. If the pursuant to Part 50 of this chapter, an applicant is the U.S. Depart ment or
§ 51.20 Criteria for an ldantlflcatlon of independent spent fue l storage llcenslng and regulatory actions requiring Energy, the environmental report may installation (ISPSI) for the storage of environmental Impact statements. be lo the form of either an spent fuel licensed pursuant to Part 72 of environmental impact statement or an this chapter or a monitored retrievable (b) The following types of actions environmental assessment, as storage installation (MRS) for the require an environmental impaot appropriate.
storage of spent fuel or high-level statement or a supplement to an (bl * *
- radioactive waste licensed pursuant lo environmental impact statement: (l) * *
- Part 72 of this chapter, or supplies (see (iii) Stor11ge of spent fuel in an
§ 21.3(1}) basic components (see (9) Issuance of a license pursuant lo Independent spent fuel storage
§ 21.3(a)) for a facility or activity Part 72 of this ohapter for the storage of installation (lSPSI) or the storage of licensed, other than for export, under spent fuel in an independent spent fuel spent fuel or high-level radio-active Parts 30, 39, 40, 50, 60, 61, 70, 71, or 72 of storage installation (ISFSJ} al a site not was te in a monitored retrievable storage this chapter. Nothing in these occup1ed by a nuclear power reactor, or installation (MRS) pursuant to Part 72 of regulations should be deemed to for the storage of spent fuel or high-level this chapter.
preclude either an individual or a radioactive waste.in a monitored m8nufacturer/supplter of a commerical retrievable storage installation (MRS). (4) Amendment of a license to grade Hem (see§ 21.3(a-1)) no t subject aulhorize the decommissioning of an to the regulations in this part from 17. ln § 51.30, a new paragra.ph [c) is independent spent fuel s torage added to read as follows: installation (ISFSI) or a monitored reporting to the Commission a known or retrievable storage installation (MRS) suspected defect or failure to comply § 51,30 Environment&! assessment pursuant to Part 72 of-this chapter. and, as authorized by law, the identity of anyone so reporting will be withheld (o) An environmental assessment for a 19, Section 51.61 is revised to read as from disclosure. 1 proposed action regarding a monitored follows: retrievable storage installation (MRS) will not address the need for the MRS or § 51.61 Environmental report-
- NRC Regional Orncers will accept colleol any allemative to the design criteria for Independent apent fuel atorage lnatallatlon lelephone II* from lndlvidualo who wish lo speak (ISFSI) or monitored retrievable storage lo NRC reprftsenlalives concerning nuclear *afoly* en MRS set forth in section 141(b)(l) of lnstaUatlon (MRS) license.
relaled problem*- The locuHoQ und 1dcphone the Nuclear Waste Policy Act of 1982 {96 Stat. 2242. 42 U.S.C. 10l6l(b)(l)). Each applicant for issuance of a numbers (for ni9hts and holidny* as well as regula, hours) arc 1i,1ed 'below: 18. In§ 51.60, paragraphs (a), (b](1)(iii) license for storage of spent fuel in an and (b)(4) are.revised to read as follows: independent spent fuel storage installation (ISFSI) or for the storage of KeJC1on: § 51.60 Envlronmenlal report-materlala spent fuel and high-level radioactive
.I ll'hil*d*lphlA) IZ1$1 337-5000 llcenaea. waste in a monitored retrievable storage
.n jllliMol*J j40II 331-4603 (a) Each applicant for a license or installation (MRS) pursuant to Part 72 of other form of p ermission, or an this chapter shall submit with its Ill tChl**M*I 13121790-~ amendmen t to o.r renewal of a license or application to the Director of Nuclear IV (Clolltt).., (Bt7J !100-11100 other form of permission issued Material Safety and Safeguards the pursuant to Paris 30, 3Z, 33, 34, 35, 39, 40, number or copiee, as specified in § 51.66 IV u,.nlum Rocuvery field Ort,oo 61, 70 and/or 72 of this chapter, and of a separate document entitled iOon***I {303)--
covered by paragraphs (b)(1) through "Applicant's Environmental Report-V {S.n *'r*ncllcoJ._,_____........... {41&)1H:l-<ll'OO (bJ(6) of this section, shall submit wilh
- lSFSI License" or "Applicant's STATUTORY ADD 171
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 221 of 245 31682
- &:C * ~
Federal Register / Vol. 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations Environmenlal Report-MRS License." as appropri11te.1f the applicant is the (b) Monitored retrievable storage facility (MRS). AD provided in sections
§ 70.1 Purposi>
U.S. Department of F.nergy. the 141 (c), (d), and (e) and 148 (a) and (c) of (cl The regulations in Part 72 of this environmental report may be in the form the Nuclear W:Jste ~olicy Act of 1S82, as chapter establish requirements, or either an environ*nental impact emended (NWPA) (98 Stat. 2.242, 2243, procedures, and cri teria for the issuance s ta tement or an environmental 42 U.S.C. 10161 (c), (d), (e); 101 Slat. o{ licenses to possess: osscssmenl, as appropriate. The 1330-235, 1330-233, 42 U.S.C. 10168 (a), r1) Spent fuel and other radioacti\*e er.vironmental re*1orl shall contain the (c)J a final environmental impacl materials associated with spent fuel information specified in § 51.45 and st11tement for the construction or a storage in an independent spent fuel shall address the siting evaluation monitored retrievable storage stora~e :nstallation (ISFSI), or factors contained in Subpart E of Part 72 installation lMRSJ will not address the of this chapter. Unleoi; otherwise (2) Spent fuel, high-level radioactive need £or the MRS or any altel"llative to required by the Commission, in waste, and other radioactive materials the design criteria for an MRS set forth a r.cordance with the generic in section Ht(b)(l) of the NWPA (96 asociated with the storage in a determination in§ 51.2J(a) and the monitored retrievable storage Stat. 2242. 42 U.S.C. 10161(b)l1)) but may provisions in § 51.23[b), no discussion of installation (MRS), and the lerms and consider alterna tive facility designs Ifie environmental impact of the storage which a;:e consistent with these deeign conditions under which the Commission of spent ruel at an ISf'SJ beyond the criteria, will issue such licenoes. term of the license or amendment 25. In § 70,20a, paragraph (b) is applied for is required in an § 51.101 [Amcnc:tcd J revised to read as follows: environmental report submitted by an 22. The references to§§ 72.11, 72,20
§ 70.20a Ganmtl llcenee to possess applicant for an initial lice nse for and 72.31(b) in the second sentence or &peels* nuclear material for transport.
storage of spent fuel in an ISFSI, or any paragraph (a )(2) of§ 51.101 are amendment thereto. redes_ignated respectively as § § 72.16, 72.34 and 72.40[b}. (b) Notwithstanding any other
- 20. In § 51.00, paragraph (b) is revised p*rovision of this chapter, the general to read as follows:
PART 70-DOMESTIC LICENSING OF license ia11ued under this section does § 51.80 Drall environmental lmpeci SPECIAL NUCLEAR MATERIAL not authorize any person lo conduct any !ltatem!lnt-msterlal3 llcenae. activity that would be authorized by a
- 23. The au thority citation for Part 70 is license issued pursuant to Parts 30 revised to read ae follo\vs: through 35, 39, 40, 50, 72, 110, or other (bl(1J Independent spent fuel storage Authority: Sections 51. 53, 161, 162. 183, 68 sections of this part.
installatio11 (ISFSI). Unless otherwise Stal. 929, 930, 948, 953, 954, as emended, ace, determined by the Commission and In accordance with the generic a, 234, 83 Stat. 444, amended (42 U.S.C. 2071, 2073. 2201. 2232. 2233, 22621: secs. 201, u PART 73-PHYSICAL PROTECTION Of determination in § 51.23(0) and the amended, 202. 204. 208, 88 Stal. 1242. 88 provisions of§ 51.23(b), a draft PLANTS AND MATERIALS amended, 1244, 124-5, 124-6 (42 u .s.c. 5841, environmental impact statement on the 5842, 5845, 5846), 26. The authority citation for Pa.rt 73 Is is suance of an initial license for storage Sections 70.l (c) and 70.20a(b) also issued under secs. 135, 141, Pub. L. 97-425, 110 Stat. revised to reed as follows: or spent fuel at an independent spent 2232, 22.41 (42 U.S.C. 10155, 10161). Section Authority: Secs. 53, 181, 68 Stat. 930, 948, as fuel storage installation (ISFSl) or any 70.7 also issued under Pub. L. 95-001, sec. 10, emended. sec. 147, 94 Stat, 760 {42 U.S.C. amendment thereto, will address 2073, 2167. 2201): seca. 201, a, amended. 204, 92 Slat. 2951 (42 U.S,C, 5851), Section 70,2.l(g) environmental impacts of spent fuel oleo iHued under sec. 122, 68 Stal. 939 (42 88 Stat. 1242. as amended, 1245 {42 U.S.C. only for the term of the license or U.S,C, 2152J. Section 70.31 also is~ued under 5841, 5844), amendment applied for. sec, 57d. Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. Section 73.1 alJlo issued under see1. 135. (2) Monitored retrievable storage 2077). Sections 70.38 and 70.44 elso issued 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (U insla/lotio11 (MR.SJ, As provided in under sec. 184, 68 Stat. 954, as emended (42 u.s.C. 10155, 10161). Sec. 73.37[f) also Issued sections 141 (c], (d], and (e] and 146 (e) U.S.C. 2234). Section 70.61 a lso issued u.nder under sec. 301. Pub. L. 96-295. 94 Stat. 789 (42 secs. 186. 187, 68 SU1 l, 955 (42 U.S.C, 2236. U.S.C. 5Ml note). Section 73.57 ls is,ued and (c) of the Nuclear Waste Policy Act under sec. 608, Pub. L. 99-399, 100 StaL 8?6 2237). Section 70.62 also issued under sec. of 1962, as amended (NWPAJ (96 Stat. 108, 68 Stet. 939, u amended (42 U.S.C. 2138}. (4ll U,S.C. 2169). 2242, 2243. 42 U.S.C. 10161 (c), (d), (e); For the purposes of sec. 223. 68 Stot 968, as For the purposes of aec. 223. 68 Stat. 958. as 101 Stat. 1330-235, 1330-236, 42 U.S.C. om~.ru:led (42 U.S.C. 2273): §§ 70.3. 70.19(cJ, omeoded (42 U.S.C. 2273), H 73.21, 73.S7(g) 10168 (a) and (c)]. a draft environmental 70.2l(cJ. 70.22 fa}, (bl (d)*(k), 70,24 {al o.nd {b), and 73,55 are issued under sec. 1a1b. 68 S tat. impact statement for the construction of 70.32 (a)(3), (5) end (3), (d) end (i), 70,36. 70.39 948, as amended [42 U.S.C. 2201(bl): §§ 73.20. a monitored retrievable storage (bl and fc). 70.41(a). 7M2 {a) and (c], 70.56, 73.2.4, 73.ZS, 73.26, 73,27, 73.37, 73.40, 73.45, installa tion (MRS} will not address the 70.57 (b), (c), and (d), 70.58 (a)*(g](3). and (h)* 73.40, 73.50, 73.55, 73.57. and 73,67 are issued need for the MRS or any alternative to (jj are issued under sec. 161b, 68 Slat. 948 as under sec. 1811, 68 Slat. 949, as amended (42 nmended (42 U.S.C. 2201(bJJ; §§ 70.?, 70.20a U.S.C. 2201(il); end§§ 73.20(c)(1) , 73,24(bl(1j, the design criteria for an MRS set forth (a] ond (d). 70.20b (c) ond fe). 70.21fcj, 73,28 (b)(3), ('11(6), and [li)(4), 73.27 (a) and (b), in section 141(b)(1) of the NWPA (96 70.24(b), 70,32 (o](GJ, (c), (d), {e), and (g), 70,36, 73.37(0. 73.40 (b) and (d). 73.46 (gl(O) and Stet. 2242, ~2 U,S.C. 10161[b)ll)} but may 70.Sl(c)*fg], 70,56. 70.57 (b l end fd], 70,58 (al* (h](2J, 73.50 (g)(2), (3111111(0) ond (h]. 73.55 consider alternative racility designs (g)(3) and lh)*Ul arc lesued under sec, 181i, 68 (hl(2J. and (4)(1ii)(BJ. 73.57. 73.70. 73.11 and which are consistent with these design S tat, 949. a s nmended (42 U.S.C. 2201{i)): a nd 73.72 are issued uoder sec. 1010, 68 Stal. 9SO, criteria. §§ 70.5, 70.!J, 10.20b [d) and (e), 70.38, 10.s1 (b) as amended (42 U.S.C. 2201(0)), 21, In§ 51.9'1, a new paragraph (b) is ,ind Ill, 70.52, 70-63, 70.54. 70-55. 70,58 (g](4). 27. In § 73,1, par!lgraph {b)(6) ls added to read as follows: (kl ond (I], 70.59. nnd 70.00 (bl and tr.) are revised to read as follows: issued under sec. 1810, 68 Stat 950, es § 51.97 Fll'IGI envlronmentel tmpac1 amended (42 U.S.C. 2201(0)), § 73.1 Purpooo ~nd s::ope. statement*matorla!e l!censo. 24. In § 70.l, paragraph (c) is revised to read as follows: (b} * *
- STATUTORY ADD 172
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 222 of 245 Federal Register / Vol.
- 53, No. 161 / Friday, August 19, 1988 / Rules and Regulations 31683 (6) This part prescribes requirements emended (42 U.S.C. 2201(i)); end§§ 150.16- and (g) related to the reporting of mobile for the physical protection of spent fuel 150.19 and 150.ZO(b)(1) are issued under sec. and manufactured home loans will take stored in either an independent spent 1610, 68 Stat. 950, es emended (42 U.S.C. effect on January 1, 1989. Mortgage 2201(0)).
fuel storage installation (ISFSI) or a banking subsidiaries of bank and monitored retrievable storage 31, In § 150..15, paragraph (a)(7) is savings and loan holding compsnies and installation (MRS) licensed under Part revised lo read as follows: savings and loan service corporations 72 of this chapter. § 150.15 P~rsona ~ t exempt. will be required to report data for calendar year 1988 in March of 1989. (a) * * * (7) The storage of: FOR FURTHER INFORMATION C:ONTACT: PART 75-SAFEGUARDS ON John C:. Wood, Senior Attorney, or NUCLEAR MATERIAL- (i) Spent fuel in an independent spent fuel storage installation (ISFSI) or Thomas J. Noto or Linda Vespereny, IMPLEMENTATION OF US/IAEA Staff Attorneys, Division of Consumer (ii) Spent fuel and high level AGREEMENT and Community Affairs, Board of radioactive waste in a monitored
- 28. The authority citation for Part 75 is retrievable storage installation (MRS) Governors of the Federal. Reserve revised to read as follows: licensed pursuant to Part 72 of this System, Washington, DC 20551, at 202-chapter. 452-2412 or 202--452-3667; for the Authority:Sece.53,63,103,104,122,161,68 hearing impaired only, contact Stat. 930, 932, 936, 937, 939, 948, es emended (42 u.s.c. 2073, 2093, 2133, 2134, 2152, 2201); Dated at Roc'kville, Maryland. this 12th day Earnestine Hill or Dorothea Thompson.
sec. 201, es emended, 88 Slat. 1242, as of August, 1988. Telecommunications Device for the amended (42 U.S.C. 58411). For the Nuclear Regulatory Commission.. Deaf, at 202--452-3544. Section 75.4 also issued under secs. 135, Samuel J, Chilk, SUPPLEMENTARY INFORMATION; 141, Pub. L. 97-425, 96 Stet. 2232. 2241 (42 u.s.c. 10155, 10161). Secretory ofthe Commission. (1) Background For the purposes or sec. 223, 68 Stet. 958, as [FR Doc. 88-16773 Filed 6-llHIS; 8:45 am) amended (42 U.S.C. 2273), the provisions or BILLING CODE 75tl0-01-M The Board's Regulation C (12 CFR Part this part are issued under sec. 1610, 68 Stat, 203) implements the Home Mortgage 950, as amended (42 U.S.C. 2201(0)1. Disclo.sure Act of 1975 (HMDA) (12
- 29. In § 75.4, paragraph (k)(4) is FEDERAL RESERVE SYSTEM U.S.C. 2801 et seq.). It requires revised to read as follows: depository institutions that have over 12 CFR Part 203 $10 million in assets, and have offices in
§ 75.4 Definitions. (Regulation C; Docket No. R-0635] metropolitan statistical areas (MSAs) or As used in this part: primary metropolitan statistical areas Home Mortga ge Dlsclosure; Re visions (PMSAs), to disclose annually their (k) "Installation" means: to Regulation c originations and purchases of mortgage and home improvement loans. Data AO ENCY: Board of Governors of the must be itemized by census tract (or by (4) An independent spent fuel storage Federal Reserve System.
installation {lSFSl) or a monitored county, in some instances) and also by ACTION: Final rule. type of loan. A statement covering the retrievable storage installation (MRS) as defined n § 72.3 of this chapter; or data on a calendar year basis must be
SUMMARY
- The Board has adopted a made available to the public and
* *
- revised Regulation C (Home Mortgage report,ed to the institution's federal Disclosure). The revised regulation PART 150-EXEMPTIONS AND incorporates recent amendments to the supervisory agency by March 31 CONTINUED REGULATORY Home Mortgage Disclosure Act that following the calendar year for which AUTHORITY IN AGREEMENT STATES were contained in the Housing and the data are compiled.
AND IN OFFSHORE WATERS UNDER Community Development Act of 1987. When originally passed in 1975. SECTION 274 These statutory amendments HMDA contained a "sunset" provision permanently extend the act and expand under which the act was to expire in
- 30. The authority citation for Part 150 its coverage to include mortgage 1980. A number of temporary extensions is revis~d to read as follows: banking subsidiaries of bank and were enacted and, in the Housing and Authority: Sec. 161. 68 Stat. 948, as savings and loan holding companies, Community Development Act of 1987 amended, sec. 274, 73 Stal. 688, as amended and savings and loan service (Pub. L. 100-242, section 565, 101 Stat.
(42 U.S.C. 2201. 2021); sec. 201, as amended, corporations that originate or purchase 1815, 1945), the Congress permanently 68 Stal. 1242, as amended (42 U.S.C. 5641). mortgage loans. Other revisions stem extended HMDA by striking the sunset Sections 150.3, 150.15. 150.15a, 150.31, from a review made in accordance with provision from the act. The statutory 150.32 also issued under secs. lle(2). 61, 68 the Board's Resulatory Improvement amendments were signed into law on Stat. 923. 935, as amended. secs. 83, 84. 92 February 5, 1968. In addition lo the Stet. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, Program. 2114). Section 150.14 also issued under sec. The HMDA-1 form, which is used by permanent extension, these
- 53. 611 Stet. 930. es amended (42 U.S.C. 2073). banks. thrifts, and other depository amendments expanded the coverage of Section 150,15 61so issued under secs. 135, institutions ror reporting loan duta, HMOA to include mortgage banking 141, Pub. L. 97--425. 96 Stat. 2232, 2241 (42 iem11ins essentially unchanged. The subsidiaries or bank holding companies U.S.C. 10155, 10181). Section 150.17a elso 8oard has adopted a separate Form a nd savings and loan holding iHued under sec. 122. 68 Stu I. 939 (42 U.S.C. HMDA-2 for use by mortgage banking companies, as well as suvlngs and loan 2152). Se~tion 150.30 also Issued u.nder sec. subsidiaries or holding companies and service corporations.
234, 83 Still. 444 (42 U.S.C. 2282), newly covered service corporalions, On May 13. 1988, the Board published For the purposes or sec. 2.23. 68 Slat. 058, u because these institutions are required for public comment an amended omended (42 U.S,C. 2273): U 1so.2u(bl (2H4l Iv t!xd ude FHA loans from their reports. and 150.21 are issued under ,ec. l6tb. 68 Stat. Regulation C to implement these and 948, as amended (2 U.S.C. 220l(b)J; § 150.1.4 EFFl!C:TtVE DATES: September 19, 1988, oilier change& (53 FR 17061). With some is issuud under aec. 1611, 68 Stal, 949, as except that the provisions in § 203.2 (I) chang,es that are identified in the STATUTORY ADD 173
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 223 of 245 Nuclear Regulatory Commission, Holtec International; HI-STORE Consolidated Interim Storage Facility; Notice of License application; docketing, 83 Fed. Reg. 12,034 (March 19, 2018) STATUTORY ADD 174
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 224 of 245 12034 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices found online at http:// through information technology; and (e) 8000, 2415 Eisenhower Avenue, technology.nasa.gov. whether these collections affects small Alexandria, Virginia 22314; Telephone: businesses. We will summarize any 703-292-8500. Mark P. Dvorscak, comments you submit and include the Minutes: May be obtained from the Agency Counsel for Intellectual Property. contact person listed above. summary in our request for OMB [FR Doc. 2018-05447 Filed 3-16-18; 8:45 am] approval. All comments will become a Purpose of Meeting: To provide BILLING CODE 7510-13-P matter of public record. In this notice, advice, recommendations, and oversight NARA solicits comments concerning the on support for geoscience research and following information collection: education including atmospheric, geo-NATIONAL ARCHIVES AND RECORDS
Title:
Selective Service System Record space, earth, ocean and polar sciences. ADMINISTRATION Request. Agenda [NARA-2017-026] OMB number: 3095-0071. Agency form numbers: NA Form Wednesday, April 25, 2018 Agency Information Collection 13172.
- Directorate and NSF activities and Activities: Proposed Collection; Type of review: Regular. plans Comment Request Affected public: Individuals or
- Committee Discussion on Public households. Comments Received on Dynamic AGENCY: National Archives and Records Estimated number of respondents: Earth Report Update Administration (NARA).
1,500.
- Meeting with the NSF Director and ACTION: Notice of proposed extension Estimated time per response: 2 COO request. minutes.
Frequency of response: On occasion. Thursday, April 26, 2018
SUMMARY
- NARA proposes to request an extension from the Office of Estimated total annual burden hours:
- Division Meetings Management and Budget (OMB) of a 50.
- Summary of and Actions from Spring currently approved information Abstract: The National Personnel Meeting of AC OPP collection used by registrants or other Records Center (NPRC) of the National
- Committee Discussion on Outline for authorized individuals to request Archives and Records Administration Dynamic Earth Update (NARA) administers the Selective
- Action Items/Planning for Spring information from or copies of Selective Service System (SSS) records. The SSS 2018 Meeting Service System (SSS) records. We invite you to comment on this proposed records contain both classification Updates to the agenda and a link for information collection pursuant to the records and registration cards of accessing this virtual meeting will be Paperwork Reduction Act of 1995. registrants born before January 1, 1960. posted on the AC GEO website at:
DATES: We must receive written When registrants or other authorized www.nsf.gov/geo/advisory.jsp. comments on or before May 18, 2018. individuals request information from or Dated: March 14, 2018. copies of SSS records they must provide Crystal Robinson, ADDRESSES: Send comments to on forms or letters certain information Paperwork Reduction Act Comments about the registrant and the nature of Committee Management Officer. (MP), Room 4100, National Archives the request. Requesters use NA Form [FR Doc. 2018-05487 Filed 3-16-18; 8:45 am] and Records Administration, 8601 13172, Selective Service Record BILLING CODE 7555-01-P Adelphi Road, College Park, MD 20740- Request, to obtain information from SSS 6001, fax them to 301-837-0319, or records stored at NARA facilities. email them to tamee.fechhelm@ NUCLEAR REGULATORY nara.gov. Swarnali Haldar, COMMISSION FOR FURTHER INFORMATION CONTACT: Executive for Information Services/CIO. [Docket No. 72-1051; NRC-2018-0055] Contact Tamee Fechhelm by telephone [FR Doc. 2018-05432 Filed 3-16-18; 8:45 am] at 301-837-1694 or fax at 301-837- BILLING CODE 7515-01-P Holtec Internationals HI-STORE 0319 with requests for additional Consolidated Interim Storage Facility information or copies of the proposed for Interim Storage of Spent Nuclear information collection and supporting NATIONAL SCIENCE FOUNDATION Fuel statement. Advisory Committee for Geosciences; AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION: Pursuant Commission. Notice of Meeting to the Paperwork Reduction Act of 1995 ACTION: License application; docketing. (Pub. L. 104-13), NARA invites the In accordance with the Federal public and other Federal agencies to Advisory Committee Act (Pub. L. 92-
SUMMARY
- The U.S. Nuclear Regulatory comment on proposed information 463, as amended), the National Science Commission (NRC) received a license collections. The comments and Foundation (NSF) announces the application from Holtec International suggestions should address one or more following meeting: (Holtec), by letter dated March 30, 2017, of the following points: (a) Whether the Name and Committee Code: Advisory as supplemented on April 13, October 6, proposed information collections are Committee for Geosciences (1755). December 21, and 22, 2017; and necessary for NARA to properly perform Date and Time: April 25, 2018; 10:00 February 22, 2018. By this application, its functions; (b) NARAs estimate of the Holtec is requesting authorization to sradovich on DSK3GMQ082PROD with NOTICES a.m.-4:00 p.m. EDT, April 26, 2018; burden of the proposed information 10:00 a.m.-3:00 p.m. EDT. construct and operate the HI-STORE collections and its accuracy; (c) ways Place: National Science Foundation, Consolidated Interim Storage (CIS)
NARA could enhance the quality, 2415 Eisenhower Avenue, Alexandria, Facility, in Lea County, New Mexico. If utility, and clarity of the information it Virginia 22314 (Virtual). the NRC approves the application and collects; (d) ways NARA could Type of Meeting: Open. issues a license to Holtec, Holtec minimize the burden on respondents of Contact Person: Melissa Lane, intends to store up to 8,680 metric tons collecting the information, including National Science Foundation, Room C uranium (MTU) of commercial spent VerDate Sep<11>2014 16:43 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\19MRN1.SGM 19MRN1 STATUTORY ADD 175
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 225 of 245 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices 12035 nuclear fuel in the HI-STORM UMAX SUPPLEMENTARY INFORMATION: would require NRC review and Canister Storage System for a 40-year approval. I. Introduction license term. According to its application, Holtec DATES: March 19, 2018. The NRC received an application from intends to only use the HI-STORM ADDRESSES: Please refer to Docket ID Holtec for a specific license pursuant to UMAX Canister Storage System for NRC-2018-0055 when contacting the part 72 of title 10 of the Code of Federal storage of spent nuclear fuel canisters at NRC about the availability of Regulations (10 CFR), Licensing the facility. The HI-STORM UMAX information regarding this document. Requirements for the Independent Canister Storage System stores the You may obtain publicly-available Storage of Spent Nuclear Fuel, High- canister containing SNF entirely below-information related to this document Level Radioactive Waste, and Reactor- ground, providing a clear, unobstructed using any of the following methods: Related Greater Than Class C Waste. view of the entire CIS facility from any
- Federal Rulemaking Website: Go to Holtec is proposing to construct and location.
http://www.regulations.gov and search operate the HI-STORE Consolidated for Docket ID NRC-2018-0055. Address Interim Storage (CIS) Facility on a large An NRC administrative completeness questions about NRC dockets to Jennifer parcel of presently unused land owned review found the application complete Borges; telephone: 301-287-9127; by the Eddy-Lea Energy Alliance and acceptable for docketing. The email: Jennifer.Borges@nrc.gov. For (ELEA), LLC. ELEA was formed in 2006 docket number established is 72-1051. technical questions, contact the in accordance with enabling legislation The NRC will perform a detailed individual listed in the FOR FURTHER passed in New Mexico and consists of technical review of the application. INFORMATION CONTACT section of this an alliance of the city of Carlsbad, Eddy Docketing of the application does not document. County, the city of Hobbs, and Lea preclude the NRC from requesting
- NRCs Agencywide Documents County. The proposed site for the CIS additional information from the Access and Management System facility is located in southeastern New applicant as the review proceeds, nor (ADAMS): You may obtain publicly Mexico in Lea County, 32 miles east of does it predict whether the NRC will available documents online in the Carlsbad, New Mexico, and 34 miles grant or deny the application. Prior to ADAMS Public Documents collection at west of Hobbs, New Mexico. issuing the license, the NRC will need http://www.nrc.gov/reading-rm/ Holtec is proposing to construct and to make the findings required by the adams.html. To begin the search, select operate Phase 1 of the CIS facility Atomic Energy Act of 1954, as amended ADAMS Public Documents and then within an approximately 1,040 acre (AEA), and the NRCs regulations. The select Begin Web-based ADAMS parcel. Holtec is currently requesting NRCs findings will be documented in a Search. For problems with ADAMS, authorization to possess and store 500 safety evaluation report. In accordance please contact the NRCs Public canisters of spent nuclear fuel (SNF) with 10 CFR part 51, the NRC will also Document Room (PDR) reference staff at containing up to 8,680 metric tons of prepare an environmental impact 1-800-397-4209, 301-415-4737, or by uranium (MTUs), which includes spent statement for the proposed action.
email to pdr.resource@nrc.gov. For the uranium-based fuel from commercial Pursuant to 10 CFR 51.26, and as part convenience of the reader, the ADAMS nuclear reactors, as well as a small of the environmental scoping process, accession numbers are provided in a quantity of spent mixed-oxide fuel. If the NRC intends to hold a public table in the Availability of Documents the NRC issues the requested license, scoping meeting. Detailed information section of this document. Holtec expects to subsequently request regarding this meeting will be included
- NRCs PDR: You may examine and additional amendments to the initial in a future Federal Register notice.
purchase copies of public documents at license to expand the storage capacity of Additionally, the NRC will announce in the NRCs PDR, Room O1-F21, One the facility. In its plans, Holtec proposes a future Federal Register a notice of White Flint North, 11555 Rockville expanding the facility in 19 subsequent opportunity for hearing. Pike, Rockville, Maryland 20852. expansion phases, each for an II. Availability of Documents FOR FURTHER INFORMATION CONTACT: Jose additional 500 canisters, to be R. Cuadrado, Office of Nuclear Material completed over the course of 20 years. The documents identified in this Safety and Safeguards, U.S. Nuclear Ultimately, Holtec anticipates that Federal Register notice are accessible to Regulatory Commission, Washington, approximately 10,000 canisters of SNF interested persons in ADAMS under the DC 20555-0001; telephone: 301-415- would be stored at the CIS facility upon accession numbers identified in the 0606; email: Jose.Cuadrado@nrc.gov. completion of 20 phases. Each phase table below. ADAMS Title accession No. Holtec International HI-STORE CIS License Application ................................................................................................................... ML17115A431 NRC request for supplemental information ......................................................................................................................................... ML17191A356 ML17191A478 Holtec letter with schedule for response to NRC request for supplemental information ................................................................... ML17206A203 Holtecs October 6, 2017, information submittal in response to NRC request for supplemental information .................................... ML17310A21 Holtecs December 21, 2017, information submittal in response to NRC request for supplemental information .............................. ML17362A097 Holtecs December 22, 2017, information submittal in response to NRC request for supplemental information .............................. ML18011A158 Holtecs February 22, 2018, information submittal in response to proprietary information determination ......................................... ML18058A617 sradovich on DSK3GMQ082PROD with NOTICES NRC letter accepting application for review ........................................................................................................................................ ML18059A251 STATUTORY ADD 176 VerDate Sep<11>2014 16:43 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\19MRN1.SGM 19MRN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 226 of 245 12036 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices Dated at Rockville, Maryland, this 13th day for Docket ID NRC-2018-0053. Address The current Docket No. 50-223 for of March 2018. questions about NRC dockets to Jennifer Facility Operating License No. R-125 For the Nuclear Regulatory Commission. Borges; telephone: 301-287-9127; will be retained. The docketing of the John McKirgan, email: Jennifer.Borges@nrc.gov. For renewal application does not preclude Chief, Spent Fuel Licensing Branch, Division technical questions, contact the NRC Staff requests for additional of Spent Fuel Management, Office of Nuclear individual listed in the FOR FURTHER information as the review proceeds, nor Material Safety and Safeguards. INFORMATION CONTACT section of this does it predict whether the Commission [FR Doc. 2018-05438 Filed 3-16-18; 8:45 am] document. will grant or deny the requested BILLING CODE 7590-01-P
- NRCs Agencywide Documents renewed license. Prior to a decision to Access and Management System renew the license, the Commission will (ADAMS): You may obtain publicly- make findings required by the Atomic NUCLEAR REGULATORY available documents online in the Energy Act of 1954, as amended (the COMMISSION ADAMS Public Documents collection at Act), and the Commissions rules and
[Docket No. 50-223; NRC-2018-0053] http://www.nrc.gov/reading-rm/ regulations, including the adams.html. To begin the search, select environmental protection regulations in University of Massachusetts at Lowell; ADAMS Public Documents and then 10 CFR part 51. University of Massachusetts at Lowell select Begin Web-based ADAMS II. Opportunity To Request a Hearing Research Reactor Search. For problems with ADAMS, and Petition for Leave To Intervene please contact the NRCs Public AGENCY: Nuclear Regulatory Document Room (PDR) reference staff at Within 60 days after the date of Commission. publication of this notice, any person(s) 1-800-397-4209, 301-415-4737, or by ACTION: License renewal application; email to pdr.resource@nrc.gov. For the (petitioner) whose interest may be opportunity to request a hearing and to convenience of the reader, ADAMS affected by this action may file a request petition for leave to intervene; Order accession numbers are provided in a for a hearing and petition for leave to imposing procedures. table in the Availability of Documents intervene (petition) with respect to the section of this document. action. Petitions shall be filed in
SUMMARY
- The U.S. Nuclear Regulatory accordance with the Commissions Commission (NRC) is considering an
- NRCs PDR: You may examine and purchase copies of public documents at Agency Rules of Practice and application for the renewal of Facility Procedure, in 10 CFR part 2. Interested Operating License No. R-125, which the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville person(s) should consult a current copy authorizes the University of of 10 CFR 2.309. The NRCs regulations Massachusetts at Lowell (UML or the Pike, Rockville, Maryland 20852.
are accessible electronically from the licensee) to operate the UML Research FOR FURTHER INFORMATION CONTACT: NRC Library on the NRCs website at Reactor (UMLRR) at a maximum steady- Edward Helvenston, Office of Nuclear http://www.nrc.gov/reading-rm/doc-state thermal power of 1.0 megawatt Reactor Regulation, U.S. Nuclear collections/cfr/. Alternatively, a copy of (MW). The UMLRR is a plate-type- Regulatory Commission, Washington, the regulations is available at the NRCs fueled research reactor located on the DC 20555-0001; telephone: 301-415- Public Document Room, located at One campus of UML, in Lowell, 4067; email: Edward.Helvenston@ White Flint North, Room O1-F21 (first Massachusetts. If approved, the renewed nrc.gov. floor), 11555 Rockville Pike, Rockville, license would authorize the licensee to SUPPLEMENTARY INFORMATION: Maryland 20852. If a petition is filed, continue to operate the UMLRR up to a the Commission or a presiding officer steady-state thermal power of 1.0 MW I. Introduction will rule on the petition and, if for an additional 20 years from the date The NRC is considering an appropriate, a notice of a hearing will be of issuance of the renewed license. application for the renewal of Facility issued. Because the license renewal application Operating License No. R-125, which As required by 10 CFR 2.309(d) the contains Sensitive Unclassified Non- authorizes the licensee to operate the petition should specifically explain the Safeguards Information (SUNSI) and UMLRR, located on the campus of the reasons why intervention should be Safeguards Information (SGI), an UML, at a maximum steady-state permitted with particular reference to included Order imposes procedures to thermal power of 1.0 MW. The renewed the following general requirements for obtain access to SUNSI and SGI for license would authorize the licensee to standing: (1) The name, address, and contention preparation. continue to operate the UMLRR up to a telephone number of the petitioner; (2) DATES: A request for a hearing or steady-state thermal power of 1.0 MW the nature of the petitioners right under petition for leave to intervene must be for an additional 20 years from the date the Act to be made a party to the filed by May 18, 2018. Any potential of issuance of the renewed license. proceeding; (3) the nature and extent of party as defined in Section 2.4 of title By letter dated October 20, 2015, as the petitioners property, financial, or 10 of the Code of Federal Regulations supplemented by the other letters other interest in the proceeding; and (4) (10 CFR), who believes access to SUNSI referenced in Section IV, Availability the possible effect of any decision or or SGI is necessary to respond to this of Documents, of this document, the order which may be entered in the notice must request document access by NRC received an application from the proceeding on the petitioners interest. March 29, 2018. licensee filed pursuant to 10 CFR In accordance with 10 CFR 2.309(f), ADDRESSES: Please refer to Docket ID 50.51(a) to renew Facility Operating the petition must also set forth the specific contentions which the sradovich on DSK3GMQ082PROD with NOTICES NRC-2018-0053 when contacting the License No. R-125 for the UMLRR. The NRC about the availability of application contains SUNSI and SGI. petitioner seeks to have litigated in the information regarding this document. Based on its initial review of the proceeding. Each contention must You may obtain publicly-available application, the NRC staff determined consist of a specific statement of the information related to this document that the licensee submitted sufficient issue of law or fact to be raised or using any of the following methods: information in accordance with 10 CFR controverted. In addition, the petitioner
- Federal Rulemaking Website: Go to 50.33 and 10 CFR 50.34 and that the must provide a brief explanation of the http://www.regulations.gov and search application is acceptable for docketing. bases for the contention and a concise VerDate Sep<11>2014 16:43 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\19MRN1.SGM 19MRN1 STATUTORY ADD 177
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 227 of 245 Nuclear Regulatory Commission, Holtec International; HI-STORE Consolidated Interim Storage Facility; Notice of License application; opportunity to request a hearing and to petition for leave to intervene; order, 83 Fed. Reg. 32,919 (July 16, 2018) STATUTORY ADD 178
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 228 of 245 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32919 I. Obtaining Information and submissions available to the public or of plutonium processing and fuel Submitting Comments entering the comment into ADAMS. fabrication plants, as well as uranium enrichment facility licensees pursuant A. Obtaining Information II. Background to Section 193 of the Atomic Energy Act Please refer to Docket ID NRC-2018- Under the provisions of the of 1954, as amended. 0050 when contacting the NRC about Paperwork Reduction Act of 1995 (44 Dated at Rockville, Maryland, this 10th day the availability of information for this U.S.C. Chapter 35), the NRC recently of July, 2018. action. You may obtain publicly- submitted a request for renewal of an For the Nuclear Regulatory Commission. available information related to this existing collection of information to OMB for review entitled, 10 CFR part Kristen Benney, action by any of the following methods: Acting NRC Clearance Officer, Office of the
- Federal rulemaking Website: Go to 140, Financial Protection Requirements and Indemnity Agreements. The NRC Chief Information Officer.
http://www.regulations.gov and search hereby informs potential respondents [FR Doc. 2018-15080 Filed 7-13-18; 8:45 am] for Docket ID NRC-2018-0050.
- NRCs Agencywide Documents that an agency may not conduct or BILLING CODE 7590-01-P Access and Management System sponsor, and that a person is not (ADAMS): You may obtain publicly- required to respond to, a collection of information unless it displays a NUCLEAR REGULATORY available documents online in the COMMISSION ADAMS Public Documents collection at currently valid OMB control number.
http://www.nrc.gov/reading-rm/ The NRC published a Federal [Docket No. 72-1051; NRC-2018-0055] adams.html. To begin the search, select Register notice with a 60-day comment ADAMS Public Documents and then period on this information collection on Holtec Internationals HI-STORE select Begin Web-based ADAMS April 10, 2018 (83 FR 15422). Consolidated Interim Storage Facility Search. For problems with ADAMS, 1. The title of the information for Interim Storage of Spent Nuclear please contact the NRCs Public collection: 10 CFR part 140, Financial Fuel Document Room (PDR) reference staff at Protection Requirements and Indemnity Agreements. AGENCY: Nuclear Regulatory 1-800-397-4209, 301-415-4737, or by Commission. email to pdr.resource@nrc.gov. The 2. OMB approval number: 3150-0039.
- 3. Type of submission: Revision. ACTION: License application; supporting statement is available in opportunity to request a hearing and to
- 4. The form number, if applicable:
ADAMS under Accession No. petition for leave to intervene; order. N/A. ML18127B276. 5. How often the collection is required
- NRCs PDR: You may examine and or requested: On occasion, as needed for
SUMMARY
- The U.S. Nuclear Regulatory purchase copies of public documents at applicants and licensees to meet their Commission (NRC) received a license the NRCs PDR, Room O1-F21, One responsibilities called for in Sections application from Holtec International White Flint North, 11555 Rockville 170 and 193 of the Atomic Energy Act (Holtec), by letter dated March 30, 2017, Pike, Rockville, Maryland 20852. of 1954. as supplemented on April 13, October 6,
- NRCs Clearance Officer: A copy of 6. Who will be required or asked to December 21, and 22, 2017; and the collection of information and related respond: Each applicant for or holder of February 22, 2018. By this application, instructions may be obtained without a license issued under parts 50 or 54 of Holtec is requesting authorization to charge by contacting the NRCs title 10 of the Code of Federal construct and operate the HI-STORE Clearance Officer, David Cullison, Regulations (10 CFR) to operate a Consolidated Interim Storage (CIS)
Office of the Chief Information Officer, nuclear reactor, or the applicant for or Facility, in Lea County, New Mexico. If U.S. Nuclear Regulatory Commission, holder of a combined license issued the NRC approves the application and Washington, DC 20555-0001; telephone: under parts 52 or 54 of 10 CFR, as well issues a license to Holtec, Holtec 301-415-2084; email: as licensees authorized to possess and intends to store up to 8,680 metric tons INFOCOLLECTS.Resource@NRC.GOV. use plutonium in a plutonium of uranium (MTU) of commercial spent processing and fuel fabrication plant. In nuclear fuel in the HI-STORM UMAX B. Submitting Comments Canister Storage System for a 40-year addition, licensees authorized to The NRC cautions you not to include construct and operate a uranium license term. identifying or contact information in enrichment facility in accordance with DATES: A request for a hearing or comment submissions that you do not parts 40 and 70 of 10 CFR. petition for leave to intervene must be want to be publicly disclosed in your 7. The estimated number of annual filed by September 14, 2018. comment submission. All comment responses: 102. ADDRESSES: Please refer to Docket ID submissions are posted at http:// 8. The estimated number of annual NRC-2018-0055 when contacting the www.regulations.gov and entered into respondents: 102. NRC about the availability of ADAMS. Comment submissions are not 9. The estimated number of hours information regarding this document. routinely edited to remove identifying needed annually to comply with the You may obtain publicly-available or contact information. information collection requirement or information related to this document If you are requesting or aggregating request: 796. using any of the following methods: comments from other persons for 10. Abstract: 10 CFR part 140
- Federal Rulemaking Website: Go to submission to the OMB, then you specifies the information to be http://www.regulations.gov and search should inform those persons not to submitted by licensees that enables the for Docket ID NRC-2018-0055. Address sradovich on DSK3GMQ082PROD with NOTICES include identifying or contact NRC to assess (a) financial protection questions about NRC dockets to Jennifer information that they do not want to be required by licensees and for the Borges; telephone: 301-287-9127; publicly disclosed in their comment indemnification and limitation of email: Jennifer.Borges@nrc.gov. For submission. Your request should state liability of certain licensees and other technical questions, contact the that comment submissions are not persons pursuant to Section 170 of the individual listed in the FOR FURTHER routinely edited to remove such Atomic Energy Act of 1954, as amended, INFORMATION CONTACT section of this information before making the comment and (b) the liability insurance required document.
STATUTORY ADD 179 VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 229 of 245 32920 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices
- NRCs Agencywide Documents uranium (MTUs), which includes spent the possible effect of any decision or Access and Management System uranium-based fuel from commercial order which may be entered in the (ADAMS): You may obtain publicly nuclear reactors, as well as a small proceeding on the petitioners interest.
available documents online in the quantity of spent mixed-oxide fuel. If In accordance with 10 CFR 2.309(f), ADAMS Public Documents collection at the NRC issues the requested license, the petition must also set forth the http://www.nrc.gov/reading-rm/ Holtec expects to subsequently request specific contentions which the adams.html. To begin the search, select additional amendments to the initial petitioner seeks to have litigated in the ADAMS Public Documents and then license to expand the storage capacity of proceeding. Each contention must select Begin Web-based ADAMS the facility. In its plans, Holtec proposes consist of a specific statement of the Search. For problems with ADAMS, expanding the facility in 19 subsequent issue of law or fact to be raised or please contact the NRCs Public expansion phases, each for an controverted. In addition, the petitioner Document Room (PDR) reference staff at additional 500 canisters, to be must provide a brief explanation of the 1-800-397-4209, 301-415-4737, or by completed over the course of 20 years. bases for the contention and a concise email to pdr.resource@nrc.gov. For the Ultimately, Holtec anticipates that statement of the alleged facts or expert convenience of the reader, the ADAMS approximately 10,000 canisters of SNF opinion which support the contention accession numbers are provided in a would be stored at the CIS facility upon and on which the petitioner intends to table in the Availability of Documents completion of 20 phases. Each phase rely in proving the contention at the section of this document. would require NRC review and hearing. The petitioner must also
- NRCs PDR: You may examine and approval. provide references to the specific purchase copies of public documents at According to its application, Holtec sources and documents on which the the NRCs PDR, Room O1-F21, One intends to only use the HI-STORM petitioner intends to rely to support its White Flint North, 11555 Rockville UMAX Canister Storage System for position on the issue. The petition must Pike, Rockville, Maryland 20852. storage of spent nuclear fuel canisters at include sufficient information to show the facility. The HI-STORM UMAX that a genuine dispute exists with the FOR FURTHER INFORMATION CONTACT: Jose Canister Storage System stores the applicant or licensee on a material issue R. Cuadrado, Office of Nuclear Material canister containing SNF entirely below- of law or fact. Contentions must be Safety and Safeguards, U.S. Nuclear ground, providing a clear, unobstructed limited to matters within the scope of Regulatory Commission, Washington, view of the entire CIS facility from any the proceeding. The contention must be DC 20555-0001; telephone: 301-415-location. one which, if proven, would entitle the 0606; email: Jose.Cuadrado@nrc.gov.
petitioner to relief. A petitioner who SUPPLEMENTARY INFORMATION: II. Opportunity To Request a Hearing fails to satisfy the requirements at 10 and Petition for Leave To Intervene I. Introduction CFR 2.309(f) with respect to at least one Within 60 days after the date of contention will not be permitted to The NRC received an application from publication of this notice, any person participate as a party. Holtec for a specific license pursuant to (petitioner) whose interest may be Those permitted to intervene become part 72 of title 10 of the Code of Federal affected by this action may file a request parties to the proceeding, subject to any Regulations (10 CFR), Licensing for a hearing and petition for leave to limitations in the order granting leave to Requirements for the Independent intervene (petition) with respect to the intervene. Parties have the opportunity Storage of Spent Nuclear Fuel, High- action. Petitions shall be filed in to participate fully in the conduct of the Level Radioactive Waste, and Reactor- accordance with the Commissions hearing with respect to resolution of Related Greater Than Class C Waste. Agency Rules of Practice and that partys admitted contentions, On March 19, 2018, notice of the NRCs Procedure in 10 CFR part 2. Interested including the opportunity to present acceptance and docketing of the persons should consult a current copy evidence, consistent with the NRCs application and the public availability of 10 CFR part 2. The NRCs regulations regulations, policies, and procedures. of the application was provided in the are accessible electronically from the Petitions must be filed no later than Federal Register (83 FR 12034). NRC Library on the NRCs website at 60 days from the date of publication of Holtec is proposing to construct and http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for operate the HI-STORE Consolidated collections/cfr/. A copy of the leave to file new or amended Interim Storage (CIS) Facility on a large regulations is also available at the NRCs contentions that are filed after the parcel of presently unused land owned Public Document Room, located at One deadline will not be entertained absent by the Eddy-Lea Energy Alliance White Flint North, Room O1-F21, 11555 a determination by the presiding officer (ELEA), LLC. The ELEA was formed in Rockville Pike (First Floor), Rockville, that the filing demonstrates good cause 2006 in accordance with enabling Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR legislation passed in New Mexico and the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition consists of an alliance of the city of will rule on the petition and, if must be filed in accordance with the Carlsbad, Eddy County, the city of appropriate, a notice of a hearing will be filing instructions in the Electronic Hobbs, and Lea County. The proposed issued. Submissions (E-Filing) section of this site for the CIS facility is located in As required by 10 CFR 2.309(d) the document. southeastern New Mexico in Lea petition should specifically explain the A State, local governmental body, County, 32 miles east of Carlsbad, New reasons why intervention should be Federally-recognized Indian Tribe, or Mexico, and 34 miles west of Hobbs, permitted with particular reference to agency thereof, may submit a petition to New Mexico. the following general requirements for the Commission to participate as a party sradovich on DSK3GMQ082PROD with NOTICES Holtec is proposing to construct and standing: (1) The name, address, and under 10 CFR 2.309(h)(1). The petition operate Phase 1 of the CIS facility telephone number of the petitioner; (2) should state the nature and extent of the within an approximately 1,040 acre the nature of the petitioners right under petitioners interest in the proceeding. parcel. Holtec is currently requesting the Act to be made a party to the The petition should be submitted to the authorization to possess and store 500 proceeding; (3) the nature and extent of Commission no later than 60 days from canisters of spent nuclear fuel (SNF) the petitioners property, financial, or the date of publication of this notice. containing up to 8,680 metric tons of other interest in the proceeding; and (4) The petition must be filed in accordance STATUTORY ADD 180 VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 230 of 245 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32921 with the filing instructions in the submissions and access the E-Filing Participants who believe that they Electronic Submissions (E-Filing) system for any proceeding in which it have a good cause for not submitting section of this document, and should is participating; and (2) advise the documents electronically must file an meet the requirements for petitions set Secretary that the participant will be exemption request, in accordance with forth in this section. Alternatively, a submitting a petition or other 10 CFR 2.302(g), with their initial paper State, local governmental body, adjudicatory document (even in filing stating why there is good cause for Federally-recognized Indian Tribe, or instances in which the participant, or its not filing electronically and requesting agency thereof may participate as a non- counsel or representative, already holds authorization to continue to submit party under 10 CFR 2.315(c). an NRC-issued digital ID certificate). documents in paper format. Such filings If a hearing is granted, any person Based upon this information, the must be submitted by: (1) First class who is not a party to the proceeding and Secretary will establish an electronic mail addressed to the Office of the is not affiliated with or represented by docket for the hearing in this proceeding Secretary of the Commission, U.S. a party may, at the discretion of the if the Secretary has not already Nuclear Regulatory Commission, presiding officer, be permitted to make established an electronic docket. Washington, DC 20555-0001, Attention: a limited appearance pursuant to the Information about applying for a Rulemaking and Adjudications Staff; or provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the (2) courier, express mail, or expedited making a limited appearance may make NRCs public website at http:// delivery service to the Office of the an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Secretary, 11555 Rockville Pike, position on the issues but may not getting-started.html. Once a participant Rockville, Maryland 20852, Attention: otherwise participate in the proceeding. has obtained a digital ID certificate and Rulemaking and Adjudications Staff. A limited appearance may be made at a docket has been created, the Participants filing adjudicatory any session of the hearing or at any participant can then submit documents in this manner are prehearing conference, subject to the adjudicatory documents. Submissions responsible for serving the document on limits and conditions as may be must be in Portable Document Format all other participants. Filing is imposed by the presiding officer. Details (PDF). Additional guidance on PDF considered complete by first-class mail regarding the opportunity to make a submissions is available on the NRCs limited appearance will be provided by as of the time of deposit in the mail, or public website at http://www.nrc.gov/ by courier, express mail, or expedited the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A scheduled. delivery service upon depositing the filing is considered complete at the time document with the provider of the III. Electronic Submissions (E-Filing) the document is submitted through the service. A presiding officer, having All documents filed in NRC NRCs E-Filing system. To be timely, an granted an exemption request from adjudicatory proceedings, including a electronic filing must be submitted to using E-Filing, may require a participant request for hearing and petition for the E-Filing system no later than 11:59 or party to use E-Filing if the presiding leave to intervene (petition), any motion p.m. Eastern Time on the due date. officer subsequently determines that the or other document filed in the Upon receipt of a transmission, the E- reason for granting the exemption from proceeding prior to the submission of a Filing system time-stamps the document use of E-Filing no longer exists. request for hearing or petition to and sends the submitter an email notice confirming receipt of the document. The Documents submitted in adjudicatory intervene, and documents filed by proceedings will appear in the NRCs interested governmental entities that E-Filing system also distributes an email notice that provides access to the electronic hearing docket which is request to participate under 10 CFR available to the public at https:// 2.315(c), must be filed in accordance document to the NRCs Office of the General Counsel and any others who adams.nrc.gov/ehd/, unless excluded with the NRCs E-Filing rule (72 FR pursuant to an order of the Commission 49139; August 28, 2007, as amended at have advised the Office of the Secretary that they wish to participate in the or the presiding officer. Participants are 77 FR 46562; August 3, 2012). The E- requested not to include personal Filing process requires participants to proceeding, so that the filer need not serve the document on those privacy information, such as social submit and serve all adjudicatory security numbers, home addresses, or documents over the internet, or in some participants separately. Therefore, applicants and other participants (or personal phone numbers in their filings, cases to mail copies on electronic unless an NRC regulation or other law storage media. Detailed guidance on their counsel or representative) must apply for and receive a digital ID requires submission of such making electronic submissions may be certificate before adjudicatory information. For example, in some found in the Guidance for Electronic documents are filed so that they can instances, individuals provide home Submissions to the NRC and on the NRC obtain access to the documents via the addresses in order to demonstrate website at http://www.nrc.gov/site-help/ E-Filing system. proximity to a facility or site. With e-submittals.html. Participants may not A person filing electronically using respect to copyrighted works, except for submit paper copies of their filings the NRCs adjudicatory E-Filing system limited excerpts that serve the purpose unless they seek an exemption in may seek assistance by contacting the of the adjudicatory filings and would accordance with the procedures NRCs Electronic Filing Help Desk constitute a Fair Use application, described below. To comply with the procedural through the Contact Us link located participants are requested not to include requirements of E-Filing, at least 10 on the NRCs public website at http:// copyrighted materials in their days prior to the filing deadline, the www.nrc.gov/site-help/e- submission. sradovich on DSK3GMQ082PROD with NOTICES participant should contact the Office of submittals.html, by email to IV. Availability of Documents the Secretary by email at MSHD.Resource@nrc.gov, or by a toll-hearing.docket@nrc.gov, or by telephone free call at 1-866-672-7640. The NRC The documents identified in this at 301-415-1677, to (1) request a digital Electronic Filing Help Desk is available Federal Register notice are accessible to identification (ID) certificate, which between 9 a.m. and 6 p.m., Eastern interested persons in ADAMS under the allows the participant (or its counsel or Time, Monday through Friday, accession numbers identified in the representative) to digitally sign excluding government holidays. table below. STATUTORY ADD 181 VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 231 of 245 32922 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices ADAMS Title accession No. Holtec International HI-STORE CIS License Application ................................................................................................................ ML17115A431 NRC request for supplemental information ...................................................................................................................................... ML17191A356, ML17191A478 Holtec letter with schedule for response to NRC request for supplemental information ................................................................. ML17206A203 Holtecs October 6, 2017, information submittal in response to NRC request for supplemental information ................................. ML17310A21 Holtecs December 21, 2017, information submittal in response to NRC request for supplemental information ........................... ML17362A097 Holtecs December 22, 2017, information submittal in response to NRC request for supplemental information ........................... ML18011A158 Holtecs February 22, 2018, information submittal in response to proprietary information determination ...................................... ML18058A617 NRC letter accepting application for review ..................................................................................................................................... ML18059A251 NRC Federal Register Notice of docketing Holtec license application .......................................................................................... ML18058A171 V. Order Imposing Procedures for OGCmailcenter@nrc.gov, respectively.1 (ii) The technical competence Access to Sensitive Unclassified Non- The request must include the following (demonstrable knowledge, skill, training Safeguards Information and Safeguards information: or education) of the requestor to Information for Contention Preparation (1) A description of the licensing effectively utilize the requested SGI to action with a citation to this Federal provide the basis and specificity for a A. This Order contains instructions Register notice; proffered contention. The technical regarding how potential parties to this (2) The name and address of the competence of a potential party or its proceeding may request access to potential party and a description of the counsel may be shown by reliance on a documents containing sensitive potential partys particularized interest qualified expert, consultant, or assistant unclassified information (including that could be harmed by the action who satisfies these criteria. Sensitive Unclassified Non-Safeguards identified in C.(1); (b) A completed Form SF-85, Information (SUNSI) and Safeguards (3) If the request is for SUNSI, the Questionnaire for Non-Sensitive Information (SGI)). Requirements for identity of the individual or entity Positions, for each individual who access to SGI are primarily set forth in requesting access to SUNSI and the would have access to SGI. The requestors basis for the need for the completed Form SF-85 will be used by 10 CFR parts 2 and 73. Nothing in this information in order to meaningfully the Office of Administration to conduct Order is intended to conflict with the participate in this adjudicatory the background check required for SGI regulations. proceeding. In particular, the request access to SGI, as required by 10 CFR B. Within 10 days after publication of must explain why publicly available part 2, subpart C, and 10 CFR this notice of hearing and opportunity to versions of the information requested 73.22(b)(2), to determine the requestors petition for leave to intervene, any would not be sufficient to provide the trustworthiness and reliability. For potential party who believes access to basis and specificity for a proffered security reasons, Form SF-85 can only SUNSI or SGI is necessary to respond to contention; and be submitted electronically through the this notice may request access to SUNSI (4) If the request is for SGI, the electronic questionnaire for or SGI. A potential party is any identity of each individual who would investigations processing (e-QIP) person who intends to participate as a have access to SGI if the request is website, a secure website that is owned party by demonstrating standing and granted, including the identity of any and operated by the Office of Personnel filing an admissible contention under 10 expert, consultant, or assistant who will Management. To obtain online access to CFR 2.309. Requests for access to SUNSI aid the requestor in evaluating the SGI. the form, the requestor should contact or SGI submitted later than 10 days after In addition, the request must contain the NRCs Office of Administration at publication will not be considered the following information: 301-415-3710.3 absent a showing of good cause for the (a) A statement that explains each (c) A completed Form FD-258 late filing, addressing why the request individuals need to know the SGI, as (fingerprint card), signed in original ink, required by 10 CFR 73.2 and 10 CFR and submitted in accordance with 10 could not have been filed earlier. 73.22(b)(1). Consistent with the CFR 73.57(d). Copies of Form FD-258 C. The requestor shall submit a letter definition of need to know as stated may be obtained by writing the Office of requesting permission to access SUNSI, in 10 CFR 73.2, the statement must Administrative Services, Mail Services SGI, or both to the Office of the explain: Center, Mail Stop P1-37, U.S. Nuclear Secretary, U.S. Nuclear Regulatory (i) Specifically why the requestor Regulatory Commission, Washington, Commission, Washington, DC 20555- believes that the information is DC 20555-0001, or by email to 0001, Attention: Rulemakings and necessary to enable the requestor to MAILSVC.Resource@nrc.gov. The Adjudications Staff, and provide a copy proffer and/or adjudicate a specific fingerprint card will be used to satisfy to the Deputy General Counsel for contention in this proceeding; 2 and the requirements of 10 CFR part 2, Hearings and Administration, Office of subpart C, 10 CFR 73.22(b)(1), and 1 While a request for hearing or petition to the General Counsel, U.S. Nuclear Section 149 of the Atomic Energy Act of intervene in this proceeding must comply with the Regulatory Commission, Washington, filing requirements of the NRCs E-Filing Rule, 1954, as amended, which mandates that DC 20555-0001. The expedited delivery the initial request to access SUNSI and/or SGI sradovich on DSK3GMQ082PROD with NOTICES or courier mail address for both offices under these procedures should be submitted as know than ordinarily would be applied in described in this paragraph. connection with an already-admitted contention or is: U.S. Nuclear Regulatory Commission, 2 Broad SGI requests under these procedures are non-adjudicatory access to SGI. 11555 Rockville Pike, Rockville, unlikely to meet the standard for need to know; 3 The requestor will be asked to provide his or her Maryland 20852. The email address for furthermore, NRC staff redaction of information full name, social security number, date and place the Office of the Secretary and the from requested documents before their release may of birth, telephone number, and email address. be appropriate to comport with this requirement. After providing this information, the requestor Office of the General Counsel are These procedures do not authorize unrestricted usually should be able to obtain access to the online Hearing.Docket@nrc.gov and disclosure or less scrutiny of a requestors need to form within one business day. STATUTORY ADD 182 VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 232 of 245 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32923 all persons with access to SGI must be (2) The requestor has established a are based upon the information received fingerprinted for an FBI identification legitimate need for access to SUNSI or as a result of the request made for and criminal history records check. need to know the SGI requested. SUNSI or SGI must be filed by the (d) A check or money order payable F. For requests for access to SUNSI, if requestor no later than 25 days after in the amount of $324.00 4 to the U.S. the NRC staff determines that the receipt of (or access to) that information. Nuclear Regulatory Commission for requestor satisfies both E.(1) and E.(2) However, if more than 25 days remain each individual for whom the request above, the NRC staff will notify the between the petitioners receipt of (or for access has been submitted. requestor in writing that access to access to) the information and the (e) If the requestor or any SUNSI has been granted. The written deadline for filing all other contentions individual(s) who will have access to notification will contain instructions on (as established in the notice of hearing SGI believes they belong to one or more how the requestor may obtain copies of or opportunity for hearing), the of the categories of individuals that are the requested documents, and any other petitioner may file its SUNSI or SGI exempt from the criminal history conditions that may apply to access to contentions by that later deadline. records check and background check those documents. These conditions may J. Review of Denials of Access. requirements in 10 CFR 73.59, the include, but are not limited to, the (1) If the request for access to SUNSI requestor should also provide a signing of a Non-Disclosure Agreement or SGI is denied by the NRC staff either statement identifying which exemption or Affidavit, or Protective Order setting after a determination on standing and the requestor is invoking and explaining forth terms and conditions to prevent requisite need, or after a determination the requestors basis for believing that the unauthorized or inadvertent on trustworthiness and reliability, the the exemption applies. While disclosure of SUNSI by each individual NRC staff shall immediately notify the processing the request, the Office of who will be granted access to SUNSI.5 requestor in writing, briefly stating the Administration, Personnel Security G. For requests for access to SGI, if the reason or reasons for the denial. Branch, will make a final determination NRC staff determines that the requestor (2) Before the Office of whether the claimed exemption applies. has satisfied both E.(1) and E.(2) above, Administration makes a final adverse Alternatively, the requestor may contact the Office of Administration will then determination regarding the the Office of Administration for an determine, based upon completion of trustworthiness and reliability of the evaluation of their exemption status the background check, whether the proposed recipient(s) for access to SGI, prior to submitting their request. proposed recipient is trustworthy and the Office of Administration, in Persons who are exempt from the reliable, as required for access to SGI by accordance with 10 CFR 2.336(f)(1)(iii), background check are not required to 10 CFR 73.22(b). If the Office of must provide the proposed recipient(s) complete the SF-85 or Form FD-258; Administration determines that the any records that were considered in the however, all other requirements for individual or individuals are trustworthiness and reliability access to SGI, including the need to trustworthy and reliable, the NRC will determination, including those required know, are still applicable. promptly notify the requestor in writing. to be provided under 10 CFR Note: Copies of documents and The notification will provide the names 73.57(e)(1), so that the proposed materials required by paragraphs of approved individuals as well as the recipient(s) have an opportunity to C.(4)(b), (c), and (d) of this Order must conditions under which the SGI will be correct or explain the record. be sent to the following address: U.S. provided. Those conditions may (3) The requestor may challenge the Nuclear Regulatory Commission, ATTN: include, but are not limited to, the NRC staffs adverse determination with Personnel Security Branch, Mail Stop signing of a Non-Disclosure Agreement respect to access to SUNSI or with TWFN-07-D04M, 11555 Rockville Pike, or Affidavit, or Protective Order 6 by respect to standing or need to know for Rockville, MD 20852. each individual who will be granted SGI by filing a challenge within 5 days These documents and materials access to SGI. of receipt of that determination with: (a) should not be included with the request H. Release and Storage of SGI. Prior The presiding officer designated in this letter to the Office of the Secretary, but to providing SGI to the requestor, the proceeding; (b) if no presiding officer the request letter should state that the NRC staff will conduct (as necessary) an has been appointed, the Chief forms and fees have been submitted as inspection to confirm that the Administrative Judge, or if he or she is required. recipients information protection unavailable, another administrative D. To avoid delays in processing system is sufficient to satisfy the judge, or an Administrative Law Judge requests for access to SGI, the requestor requirements of 10 CFR 73.22. with jurisdiction pursuant to 10 CFR should review all submitted materials Alternatively, recipients may opt to 2.318(a); or (c) if another officer has for completeness and accuracy view SGI at an approved SGI storage been designated to rule on information (including legibility) before submitting location rather than establish their own access issues, with that officer. them to the NRC. The NRC will return SGI protection program to meet SGI (4) The requestor may challenge the incomplete packages to the sender protection requirements. Office of Administrations final adverse without processing. I. Filing of Contentions. Any determination with respect to E. Based on an evaluation of the contentions in these proceedings that trustworthiness and reliability for access information submitted under paragraphs to SGI by filing a request for review in C.(3) or C.(4) above, as applicable, the 5 Any motion for Protective Order or draft Non- accordance with 10 CFR 2.336(f)(1)(iv). NRC staff will determine within 10 days Disclosure Affidavit or Agreement for SUNSI must (5) Further appeals of decisions under be filed with the presiding officer or the Chief this paragraph must be made pursuant of receipt of the request whether: Administrative Judge if the presiding officer has not sradovich on DSK3GMQ082PROD with NOTICES (1) There is a reasonable basis to yet been designated, within 30 days of the deadline to 10 CFR 2.311. for the receipt of the written access request. K. Review of Grants of Access. A believe the petitioner is likely to 6 Any motion for Protective Order or draft Non- party other than the requestor may establish standing to participate in this Disclosure Affidavit or Agreement for SGI must be challenge an NRC staff determination NRC proceeding; and filed with the presiding officer or the Chief granting access to SUNSI whose release Administrative Judge if the presiding officer has not 4 This fee is subject to change pursuant to the yet been designated, within 180 days of the would harm that partys interest Office of Personnel Managements adjustable billing deadline for the receipt of the written access independent of the proceeding. Such a rates. request. challenge must be filed within 5 days of STATUTORY ADD 183 VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 233 of 245 32924 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices the notification by the NRC staff of its process for litigating disputes who have standing and who have grant of access and must be filed with: concerning access to information. The propounded contentions meeting the (a) The presiding officer designated in availability of interlocutory review by specificity and basis requirements in 10 this proceeding; (b) if no presiding the Commission of orders ruling on CFR part 2. The attachment to this officer has been appointed, the Chief such NRC staff determinations (whether Order summarizes the general target Administrative Judge, or if he or she is granting or denying access) is governed schedule for processing and resolving unavailable, another administrative by 10 CFR 2.311.7 requests under these procedures. judge, or an Administrative Law Judge L. The Commission expects that the with jurisdiction pursuant to 10 CFR NRC staff and presiding officers (and It is so ordered. 2.318(a); or (c) if another officer has any other reviewing officers) will Dated at Rockville, Maryland, this 10th of been designated to rule on information consider and resolve requests for access July 2018. access issues, with that officer. to SUNSI or SGI, and motions for For the Nuclear Regulatory Commission. If challenges to the NRC staff protective orders, in a timely fashion in Annette L. Vietti-Cook, determinations are filed, these order to minimize any unnecessary procedures give way to the normal delays in identifying those petitioners Secretary of the Commission. ATTACHMENT 1GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/activity 0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-structions for access requests. 10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; dem-onstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro-ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli-hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in-cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re-dacted documents), and readiness inspections. 25 ...................... If NRC staff finds no need, no need to know, or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds need for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staffs grant of access. 30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 190 .................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 205 .................... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). A ....................... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision revers-ing a final adverse determination by the NRC staff. A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the peti-tioner may file its SUNSI or SGI contentions by that later deadline. A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 ............. Decision on contention admission.
sradovich on DSK3GMQ082PROD with NOTICES 7 Requestors should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI/SGI request requirements of the NRCs E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures. 49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as STATUTORY ADD 184 VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00093 Fmt 4703 Sfmt 9990 E:\FR\FM\16JYN1.SGM 16JYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 234 of 245 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32925 [FR Doc. 2018-15079 Filed 7-13-18; 8:45 am] Additionally, based on a and grant relief from the Disclosure BILLING CODE 7590-01-P comprehensive review of OSHRCs Requirements as they relate to fees paid records, the agency has determined that to the sub-advisers. mailing lists for news releases, APPLICANTS: DMS ETF Trust I, DMS ETF OCCUPATIONAL SAFETY AND speeches, booklets, and reports are no Trust II, and DMS Mutual Fund Trust HEALTH REVIEW COMMISSION longer maintained by the agency. As (each, a Trust and collectively, the this system of records, OSHRC-2, no Trusts), each a Delaware statutory Privacy Act of 1974; System of longer exists, its notice is being trust that will be registered under the Records. rescinded. Act as an open-end management The notices rescinding OSHRC-1 and investment company, and DMS ETF AGENCY: Occupational Safety and Health OSHRC-2 are as follows. Solutions, LLC (the Initial Adviser), a Review Commission. ACTION: Rescindment of System of OSHRC-1 Delaware limited liability company that Records Notices. will be registered as an investment SYSTEM NAME AND NUMBER: adviser under the Investment Advisers
SUMMARY
- In accordance with the Travel Records, OSHRC-1. Act of 1940 (collectively with the Privacy Act of 1974, the Occupational Trusts, the Applicants).
HISTORY: Safety and Health Review Commission FILING DATES: The application was filed (OSHRC) is rescinding the Privacy Act April 14, 2006, 71 FR 19556; August on March 12, 2018. system-of-records notices for following 4, 2008, 73 FR 45256; October 5, 2015, 80 FR 60182; and September 28, 2017, HEARING OR NOTIFICATION OF HEARING: An systems of records: Travel Records, 82 FR 45324. order granting the application will be OSHRC-1; and Mailing Lists for News issued unless the Commission orders a Releases, Speeches, Booklets, Reports, OSHRC-2 hearing. Interested persons may request OSHRC-2. SYSTEM NAME AND NUMBER: a hearing by writing to the DATES: Comments must be received by Commissions Secretary and serving OSHRC on or before August 15, 2018. Mailing Lists for News Releases, applicants with a copy of the request, The rescindment of OSHRC-1 and Speeches, Booklets, Reports, OSHRC-2. personally or by mail. Hearing requests OSHRC-2 will become effective on that should be received by the Commission HISTORY: date, without any further notice in the by 5:30 p.m. on August 6, 2018, and Federal Register, unless comments or April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October 5, 2015, should be accompanied by proof of government approval procedures 80 FR 60182; and September 28, 2017, service on the applicants, in the form of necessitate otherwise. 82 FR 45324. an affidavit or, for lawyers, a certificate ADDRESSES: You may submit comments of service. Pursuant to rule 0-5 under by any of the following methods: Dated: July 9, 2018. the Act, hearing requests should state
- Email: rbailey@oshrc.gov. Include Nadine N. Mancini, the nature of the writers interest, any PRIVACY ACT SYSTEM OF General Counsel, Senior Agency Official for facts bearing upon the desirability of a RECORDS in the subject line of the Privacy. hearing on the matter, the reason for the message. [FR Doc. 2018-15069 Filed 7-13-18; 8:45 am] request, and the issues contested.
- Fax: (202) 606-5417.
- Mail: One Lafayette Centre, 1120 BILLING CODE 7600-01-P Persons who wish to be notified of a 20th Street NW, Ninth Floor, hearing may request notification by Washington, DC 20036-3457. writing to the Commissions Secretary.
- Hand Delivery/Courier: Same as SECURITIES AND EXCHANGE ADDRESSES: Secretary, U.S. Securities mailing address. COMMISSION and Exchange Commission, 100 F Street Instructions: All submissions must [Investment Company Act Release No. NE, Washington, DC 20549-1090.
include your name, return address, and 33156; 812-14884] Applicants, 130 West 42nd Street, Ste. email address, if applicable. Please 1050, New York, NY 10036. clearly label submissions as PRIVACY DMS ETF Trust I, et al. FOR FURTHER INFORMATION CONTACT: ACT SYSTEM OF RECORDS. Christine Y. Greenlees, Senior Counsel, July 10, 2018. FOR FURTHER INFORMATION CONTACT: Ron at (202) 551-6879, or Andrea AGENCY: Securities and Exchange Bailey, Attorney-Advisor, Office of the Commission (Commission). Ottomanelli Magovern, Branch Chief, at General Counsel, via telephone at (202) (202) 551-6821 (Division of Investment ACTION: Notice. 606-5410, or via email at rbailey@ Management, Chief Counsels Office). oshrc.gov. Notice of an application under section SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: Following 6(c) of the Investment Company Act of following is a summary of the OSHRCs review of its systems of 1940 (Act) for an exemption from application. The complete application records, the agency is rescinding two of section 15(a) of the Act and rule 18f-2 may be obtained via the Commissions its system-of-records notices: (1) Travel under the Act, as well as from certain website by searching for the file Records, OSHRC-1; and (2) Mailing disclosure requirements in rule 20a-1 number, or an applicant using the Lists for News Releases, Speeches, under the Act, Item 19(a)(3) of Form N- Company name box, at http:// Booklets, Reports, OSHRC-2. 1A, Items 22(c)(1)(ii), 22(c)(1)(iii), www.sec.gov/search/search.htm or by The records included in OSHRC-1 are 22(c)(8) and 22(c)(9) of Schedule 14A calling (202) 551-8090. sradovich on DSK3GMQ082PROD with NOTICES fully covered by the following Privacy under the Securities Exchange Act of Summary of the Application Act notices for governmentwide systems 1934, and sections 6-07(2)(a), (b), and of records: GSA/GOVT-4, see 74 FR (c) of Regulation S-X (Disclosure 1. An Adviser will serve as the 26700, July 6, 2009, and GSA/GOVT-3, Requirements). The requested investment adviser to each Subadvised see 78 FR 20108, May 3, 2013. OSHRC- exemption would permit an investment Series pursuant to an investment 1 is therefore being rescinded to avoid adviser to hire and replace certain sub- advisory agreement with the applicable duplicative notices. advisers without shareholder approval Trust (the Investment Management STATUTORY ADD 185 VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 235 of 245 Nuclear Regulatory Commission, Notice of Revised License Application and Opportunity to Request a Hearing and to Petition for Leave to Intervene in Interim Storage Partner's Waste Control Specialists Consolidated Interim Storage Facility, 83 Fed. Reg. 44,070 (Aug. 29, 2018) STATUTORY ADD 186
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 236 of 245 44070 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices construction permit for the RPF even if Dated at Rockville, Maryland this 24th day
- NRCs Agencywide Documents the 10 CFR 70.21(f) timing requirement of August, 2018. Access and Management System has not been met. The NRC is For the Nuclear Regulatory Commission. (ADAMS): You may obtain publicly-considering issuing the requested Brian W. Smith, available documents online in the exemption. The proposed action would Deputy Director, Division of Fuel Cycle Safety, ADAMS Public Documents collection at not significantly: (a) Affect probabilities Safeguards, and Environmental Review, http://www.nrc.gov/reading-rm/
of evaluated accidents; (b) affect Office of Nuclear Material Safety and adams.html. To begin the search, select Safeguards. Begin Web-based ADAMS Search. For margins of safety; (c) affect the [FR Doc. 2018-18757 Filed 8-28-18; 8:45 am] problems with ADAMS, please contact effectiveness of programs contained in licensing documents; (d) increase BILLING CODE 7590-01-P the NRCs Public Document Room (PDR) effluents; (e) increase occupational reference staff at 1-800-397-4209, 301-radiological exposures; or (f) affect 415-4737, or by email to pdr.resource@ NUCLEAR REGULATORY nrc.gov. For the convenience of the operations or decommissioning COMMISSION activities of the RPF. The reason the reader, the ADAMS accession numbers environment would not be significantly [Docket No. 72-1050; NRC-2016-0231] are provided in a table in the affected is because the requested Availability of Documents section of exemption affects only the timing of Interim Storage Partners Waste this document. construction and does not affect the Control Specialists Consolidated
- NRCs PDR: You may examine and Interim Storage Facility purchase copies of public documents at previous evaluation regarding the environmental impacts of constructing AGENCY: Nuclear Regulatory the NRCs PDR, Room O1-F21, One and operating the NWMI RPF, as Commission. White Flint North, 11555 Rockville described in the Environmental Impact Pike, Rockville, Maryland 20852.
ACTION: Revised license application; Statement for Construction Permit for opportunity to request a hearing and to FOR FURTHER INFORMATION CONTACT: the Northwest Medical Isotopes petition for leave to intervene; order John-Chau Nguyen, Office of Nuclear Radioisotope Production Facility, Final imposing procedures. Material Safety and Safeguards, U.S. Report (NUREG-2209). The impacts of Nuclear Regulatory Commission, connected 10 CFR part 70 actions at the
SUMMARY
- The U.S. Nuclear Regulatory Washington, DC 20555-0001; telephone:
RPF were evaluated in NUREG-2209. Commission (NRC) received a request 301-415-0262; email: John-On the basis of the EA included in from Interim Storage Partners, a joint Chau.Nguyen@nrc.gov. Section II of this document, and venture between Waste Control SUPPLEMENTARY INFORMATION: Specialists, LLC (WCS) and Orano CIS, incorporated herein by reference, the I. Introduction LLC by letters dated June 8, 2018, and NRC has determined not to prepare an July 19, 2018, to resume NRC staff The NRC received, by letter dated EIS for the proposed action. The related review of a license application for the April 28, 2016, an application from environmental documents are: (a) WCS Consolidated Interim Storage WCS for a specific license pursuant to NWMI Exemption request dated Facility (CISF) in Andrews County, December 17, 2017, as supplemented on 10 CFR part 72, Licensing Texas. By letter dated April 18, 2017, Requirements for the Independent March 12, 2018 (ADAMS Accession the previous applicant, WCS, asked Nos. ML17362A040 and Storage of Spent Nuclear Fuel, High-NRC to temporarily suspend all safety Level Radioactive Waste, and Reactor-ML18088A175); (b) NWMI Preliminary and environmental review activities. Safety Analyses Report, Chapter 19, Related Greater Than Class C Waste. DATES: A request for a hearing or WCS proposed to construct a Environmental Report, Corvallis, OR, petition for leave to intervene must be Consolidated Interim Storage Facility revision OA dated June 2015, (ADAMS filed by August 29, 2018. Any potential Accession Nos. ML15210A123, (CISF) on its approximately 60.3 square party as defined in section 2.4 of title 10 kilometer (14,900 acre) site in western ML15210A128, ML15210A129, and of the Code of Federal Regulations (10 ML15210A131; and (c) NUREG-2209, Andrews County, Texas. WCS currently CFR), who believes access to Sensitive operates facilities on this site that Environmental Impact Statement for Unclassified Non-Safeguards process and store Low-Level Waste and the Construction Permit for the Information (SUNSI) is necessary to Mixed Waste (i.e., waste that is Northwest Medical Isotopes respond to this notice must request considered both hazardous waste and Radioisotope Production Facility, document access by September 10, Low-Level Waste). The facility also issued in May 2018 (ADAMS Accession 2018. disposes of both hazardous waste and No. ML17130A862). ADDRESSES: Please refer to Docket ID toxic waste. This FONSI and other related NRC-2016-0231 when contacting the On January 30, 2017, the NRC environmental documents may be NRC about the availability of published two notices in the Federal examined, and/or copied for a fee, at the information regarding this document. Register: (1) A notice describing the NRCs PDR, located at One White Flint You may obtain publicly-available closing date for the scoping period for North, 11555 Rockville Pike, Rockville, information related to this document the Environmental Impact Statement Maryland 20852. Publicly-available using any of the following methods: (EIS), and dates, times, and locations of records are also accessible online in the
- Federal Rulemaking Website: Go to scoping meetings wherein the NRC ADAMS Public Documents collection at http://www.regulations.gov and search received oral comments as part of the http://www.nrc.gov/reading-rm/ for Docket ID NRC-2016-0231. Address EIS scoping process (82 FR 8771); and sradovich on DSK3GMQ082PROD with NOTICES adams.html. Persons who do not have questions about NRC dockets to Jennifer (2) a notice of its acceptance of the WCS access to ADAMS or who encounter Borges; telephone: 301-287-9127; application and an opportunity to problems in accessing the documents email: Jennifer.Borges@nrc.gov. For request a hearing and petition for leave located in ADAMS should contact the technical questions, contact the to intervene (82 FR 8773). On March 16, NRCs PDR reference staff by telephone individual listed in the FOR FURTHER 2017 (82 FR 14039), the NRC published at 1-800-397-4209 or 301-415-4737, or INFORMATION CONTACT section of this a notice in the Federal Register of an by email to pdr.resource@nrc.gov. document. extension to the scoping period and STATUTORY ADD 187 VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 237 of 245 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 44071 additional public meetings. On April 4, http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for 2017, and in a corrected notice dated collections/cfr/. A copy of the leave to file new or amended April 10, 2017, the NRC published in regulations is also available at the NRCs contentions that are filed after the the Federal Register (82 FR 16435; 82 Public Document Room, located at One deadline will not be entertained absent FR 17297) an order granting all White Flint North, Room O1-F21, 11555 a determination by the presiding officer petitioners an extension of time until Rockville Pike (first floor), Rockville, that the filing demonstrates good cause May 31, 2017, to file hearing requests on Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR WCSs license application. On July 20, the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition 2017 (82 FR 33521), the NRC published will rule on the petition and, if must be filed in accordance with the a notice in the Federal Register that appropriate, a notice of a hearing will be filing instructions in the Electronic WCS had asked NRC to temporarily issued. Submissions (E-Filing) section of this suspend all safety and environmental As required by 10 CFR 2.309(d), the document. review activities. The July 20, 2017, petition should specifically explain the A State, local governmental body, notice in the Federal Register withdrew reasons why intervention should be Federally-recognized Indian Tribe, or the notice of opportunity to request a permitted with particular reference to agency thereof, may submit a petition to hearing for WCSs application and the following general requirements for the Commission to participate as a party explained that the NRC staff would standing: (1) The name, address, and under 10 CFR 2.309(h)(1). The petition publish a notice in the Federal Register telephone number of the petitioner; (2) should state the nature and extent of the if WCS requested that the NRC staff the nature of the petitioners right under petitioners interest in the proceeding. resume its review of WCSs application. the Act to be made a party to the The petition should be submitted to the By letters dated June 8, 2018, and July proceeding; (3) the nature and extent of Commission no later than 60 days from 19, 2018, NRC received a request from the petitioners property, financial, or the date of publication of this notice. Interim Storage Partners (ISP), a joint other interest in the proceeding; and (4) The petition must be filed in accordance venture between WCS and Orano CIS, the possible effect of any decision or with the filing instructions in the LLC to resume NRC staff review of the order which may be entered in the Electronic Submissions (E-Filing) license application for the WCS proceeding on the petitioners interest. section of this document, and should Consolidated Interim Storage Facility In accordance with 10 CFR 2.309(f), meet the requirements for petitions set (CISF) in Andrews County, Texas. ISP the petition must also set forth the forth in this section. Alternatively, a provided Revision 2 of the License specific contentions which the State, local governmental body, Application, including a revised Safety petitioner seeks to have litigated in the Federally-recognized Indian Tribe, or Analysis Report and Environmental proceeding. Each contention must agency thereof may participate as a non-Report. In its June 8, 2018, letter, ISP consist of a specific statement of the party under 10 CFR 2.315(c). stated that the Physical Security Plan issue of law or fact to be raised or If a hearing is granted, any person and Safeguards Contingency Plan controverted. In addition, the petitioner who is not a party to the proceeding and submitted with Revision 1 of its License must provide a brief explanation of the is not affiliated with or represented by Application remain applicable to the bases for the contention and a concise a party may, at the discretion of the current application. The NRC staff has statement of the alleged facts or expert presiding officer, be permitted to make determined that Revision 1 of the opinion which support the contention a limited appearance pursuant to the Emergency Plan also remains applicable and on which the petitioner intends to provisions of 10 CFR 2.315(a). A person to the current application. Though ISP rely in proving the contention at the making a limited appearance may make is the new owner, the name of the hearing. The petitioner must also an oral or written statement of his or her proposed facility remains the WCS provide references to the specific position on the issues but may not CISF. sources and documents on which the otherwise participate in the proceeding. An NRC administrative completeness petitioner intends to rely to support its A limited appearance may be made at review found the revised application position on the issue. The petition must any session of the hearing or at any acceptable for a technical review. Prior include sufficient information to show prehearing conference, subject to the to issuing the license, the NRC will need that a genuine dispute exists with the limits and conditions as may be to make the findings required by the applicant or licensee on a material issue imposed by the presiding officer. Details Atomic Energy Act of 1954, as amended of law or fact. Contentions must be regarding the opportunity to make a (AEA), and the NRCs regulations. The limited to matters within the scope of limited appearance will be provided by NRCs findings will be documented in a the proceeding. The contention must be the presiding officer if such sessions are safety evaluation report and an EIS. one which, if proven, would entitle the scheduled. petitioner to relief. A petitioner who II. Opportunity To Request a Hearing III. Electronic Submissions (E-Filing) fails to satisfy the requirements at 10 and Petition for Leave To Intervene All documents filed in NRC CFR 2.309(f) with respect to at least one Within 60 days after the date of contention will not be permitted to adjudicatory proceedings, including a publication of this notice, any persons participate as a party. request for hearing and petition for (petitioner) whose interest may be Those permitted to intervene become leave to intervene (petition), any motion affected by this action may file a request parties to the proceeding, subject to any or other document filed in the for a hearing and petition for leave to limitations in the order granting leave to proceeding prior to the submission of a intervene (petition) with respect to the intervene. Parties have the opportunity request for hearing or petition to action. Petitions shall be filed in intervene, and documents filed by sradovich on DSK3GMQ082PROD with NOTICES to participate fully in the conduct of the accordance with the Commissions hearing with respect to resolution of interested governmental entities that Agency Rules of Practice and that partys admitted contentions, request to participate under 10 CFR Procedure in 10 CFR part 2. Interested including the opportunity to present 2.315(c), must be filed in accordance persons should consult a current copy evidence, consistent with the NRCs with the NRCs E-Filing rule (72 FR of 10 CFR part 2. The NRCs regulations regulations, policies, and procedures. 49139; August 28, 2007, as amended at are accessible electronically from the Petitions must be filed no later than 77 FR 46562; August 3, 2012). The E-NRC Library on the NRCs website at 60 days from the date of publication of Filing process requires participants to STATUTORY ADD 188 VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 238 of 245 44072 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices submit and serve all adjudicatory p.m. Eastern Time on the due date. documents in this manner are documents over the internet, or in some Upon receipt of a transmission, the E- responsible for serving the document on cases to mail copies on electronic Filing system time-stamps the document all other participants. Filing is storage media. Detailed guidance on and sends the submitter an email notice considered complete by first-class mail making electronic submissions may be confirming receipt of the document. The as of the time of deposit in the mail, or found in the Guidance for Electronic E-Filing system also distributes an email by courier, express mail, or expedited Submissions to the NRC and on the NRC notice that provides access to the delivery service upon depositing the website at http://www.nrc.gov/site-help/ document to the NRCs Office of the document with the provider of the e-submittals.html. Participants may not General Counsel and any others who service. A presiding officer, having submit paper copies of their filings have advised the Office of the Secretary granted an exemption request from unless they seek an exemption in that they wish to participate in the using E-Filing, may require a participant accordance with the procedures proceeding, so that the filer need not or party to use E-Filing if the presiding described below. serve the document on those officer subsequently determines that the To comply with the procedural participants separately. Therefore, reason for granting the exemption from requirements of E-Filing, at least 10 applicants and other participants (or use of E-Filing no longer exists. days prior to the filing deadline, the their counsel or representative) must participant should contact the Office of apply for and receive a digital ID Documents submitted in adjudicatory the Secretary by email at certificate before adjudicatory proceedings will appear in the NRCs hearing.docket@nrc.gov, or by telephone documents are filed so that they can electronic hearing docket which is at 301-415-1677, to (1) request a digital obtain access to the documents via the available to the public at https:// identification (ID) certificate, which E-Filing system. adams.nrc.gov/ehd, unless excluded allows the participant (or its counsel or A person filing electronically using pursuant to an order of the Commission representative) to digitally sign the NRCs adjudicatory E-Filing system or the presiding officer. If you do not submissions and access the E-Filing may seek assistance by contacting the have an NRC-issued digital ID certificate system for any proceeding in which it NRCs Electronic Filing Help Desk as described above, click cancel when is participating; and (2) advise the through the Contact Us link located the link requests certificates and you Secretary that the participant will be on the NRCs public website at http:// will be automatically directed to the submitting a petition or other www.nrc.gov/site-help/e- NRCs electronic hearing dockets where adjudicatory document (even in submittals.html, by email to you will be able to access any publicly instances in which the participant, or its MSHD.Resource@nrc.gov, or by a toll- available documents in a particular counsel or representative, already holds free call at 1-866-672-7640. The NRC hearing docket. Participants are an NRC-issued digital ID certificate). Electronic Filing Help Desk is available requested not to include personal Based upon this information, the between 9 a.m. and 6 p.m., Eastern privacy information, such as social Secretary will establish an electronic Time, Monday through Friday, security numbers, home addresses, or docket for the hearing in this proceeding excluding government holidays. personal phone numbers in their filings, if the Secretary has not already Participants who believe that they unless an NRC regulation or other law established an electronic docket. have a good cause for not submitting requires submission of such Information about applying for a documents electronically must file an information. For example, in some digital ID certificate is available on the exemption request, in accordance with instances, individuals provide home NRCs public website at http:// 10 CFR 2.302(g), with their initial paper addresses in order to demonstrate www.nrc.gov/site-help/e-submittals/ filing stating why there is good cause for proximity to a facility or site. With getting-started.html. Once a participant not filing electronically and requesting respect to copyrighted works, except for has obtained a digital ID certificate and authorization to continue to submit a docket has been created, the documents in paper format. Such filings limited excerpts that serve the purpose participant can then submit must be submitted by: (1) First class of the adjudicatory filings and would adjudicatory documents. Submissions mail addressed to the Office of the constitute a Fair Use application, must be in Portable Document Format Secretary of the Commission, U.S. participants are requested not to include (PDF). Additional guidance on PDF Nuclear Regulatory Commission, copyrighted materials in their submissions is available on the NRCs Washington, DC 20555-0001, Attention: submission. public website at http://www.nrc.gov/ Rulemaking and Adjudications Staff; or IV. Availability of Documents site-help/electronic-sub-ref-mat.html. A (2) courier, express mail, or expedited filing is considered complete at the time delivery service to the Office of the The documents identified in this the document is submitted through the Secretary, 11555 Rockville Pike, Federal Register notice are accessible to NRCs E-Filing system. To be timely, an Rockville, Maryland 20852, Attention: interested persons in ADAMS under the electronic filing must be submitted to Rulemaking and Adjudications Staff. accession numbers identified in the the E-Filing system no later than 11:59 Participants filing adjudicatory table below. ADAMS Title accession No. WCS CISF License Application, Revision 2, with Safety Analysis Report and Environmental Report ........................................... ML18206A595 WCS CISF Physical Security Plan, Revision 1, and Safeguards Contingency Plan, and Guard Training and Qualification Plan ML17075A289 sradovich on DSK3GMQ082PROD with NOTICES (redacted). WCS submittal of Supplemental Security Information (redacted) .................................................................................................... ML16235A467 WCS submittal of Supplemental Security Information (redacted) .................................................................................................... ML16280A300 WCS CISF Emergency Plan, Rev. 1 ................................................................................................................................................ ML17082A054 STATUTORY ADD 189 VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 239 of 245 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 44073 V. Order Imposing Procedures for (3) If the request is for SUNSI, the the form, the requestor should contact Access to Sensitive Unclassified Non- identity of the individual or entity the NRCs Office of Administration at Safeguards Information and Safeguards requesting access to SUNSI and the 301-415-3710.3 Information for Contention Preparation requestors basis for the need for the (c) A completed Form FD-258 A. This Order contains instructions information in order to meaningfully (fingerprint card), signed in original ink, regarding how potential parties to this participate in this adjudicatory and submitted in accordance with 10 proceeding may request access to proceeding. In particular, the request CFR 73.57(d). Copies of Form FD-258 documents containing sensitive must explain why publicly available may be obtained by writing the Office of unclassified information (including versions of the information requested Administrative Services, Mail Services Sensitive Unclassified Non-Safeguards would not be sufficient to provide the Center, Mail Stop P1-37, U.S. Nuclear Information (SUNSI) and Safeguards basis and specificity for a proffered Regulatory Commission, Washington, Information (SGI)). Requirements for contention; and DC 20555-0001, or by email to access to SGI are primarily set forth in (4) If the request is for SGI, the MAILSVC.Resource@nrc.gov. The 10 CFR parts 2 and 73. Nothing in this identity of each individual who would fingerprint card will be used to satisfy Order is intended to conflict with the have access to SGI if the request is the requirements of 10 CFR part 2, SGI regulations. granted, including the identity of any subpart C, 10 CFR 73.22(b)(1), and B. Within 10 days after publication of expert, consultant, or assistant who will Section 149 of the Atomic Energy Act of this notice of hearing and opportunity to aid the requestor in evaluating the SGI. 1954, as amended, which mandates that petition for leave to intervene, any In addition, the request must contain the following information: all persons with access to SGI must be potential party who believes access to fingerprinted for an FBI identification SUNSI or SGI is necessary to respond to (a) A statement that explains each individuals need to know the SGI, as and criminal history records check. this notice may request access to SUNSI or SGI. A potential party is any required by 10 CFR 73.2 and 10 CFR (d) A check or money order payable person who intends to participate as a 73.22(b)(1). Consistent with the in the amount of $324.00 4 to the U.S. party by demonstrating standing and definition of need to know as stated Nuclear Regulatory Commission for filing an admissible contention under 10 in 10 CFR 73.2, the statement must each individual for whom the request CFR 2.309. Requests for access to SUNSI explain: for access has been submitted. (i) Specifically why the requestor (e) If the requestor or any or SGI submitted later than 10 days after believes that the information is individual(s) who will have access to publication will not be considered necessary to enable the requestor to SGI believes they belong to one or more absent a showing of good cause for the proffer and/or adjudicate a specific of the categories of individuals that are late filing, addressing why the request contention in this proceeding; 2 and exempt from the criminal history could not have been filed earlier. (ii) The technical competence C. The requestor shall submit a letter records check and background check (demonstrable knowledge, skill, requesting permission to access SUNSI, requirements in 10 CFR 73.59, the training, or education) of the requestor SGI, or both to the Office of the requestor should also provide a to effectively utilize the requested SGI Secretary, U.S. Nuclear Regulatory statement identifying which exemption to provide the basis and specificity for Commission, Washington, DC 20555- the requestor is invoking and explaining a proffered contention. The technical 0001, Attention: Rulemakings and the requestors basis for believing that competence of a potential party or its Adjudications Staff, and provide a copy the exemption applies. While counsel may be shown by reliance on a to the Associate General Counsel for processing the request, the Office of qualified expert, consultant, or assistant Hearings, Enforcement and Administration, Personnel Security who satisfies these criteria. Administration, Office of the General (b) A completed Form SF-85, Branch, will make a final determination Counsel, U.S. Nuclear Regulatory Questionnaire for Non-Sensitive whether the claimed exemption applies. Commission, Washington, DC 20555- Positions, for each individual who Alternatively, the requestor may contact 0001. The expedited delivery or courier would have access to SGI. The the Office of Administration for an mail address for both offices is: U.S. completed Form SF-85 will be used by evaluation of their exemption status Nuclear Regulatory Commission, 11555 the Office of Administration to conduct prior to submitting their request. Rockville Pike, Rockville, Maryland the background check required for Persons who are exempt from the 20852. The email address for the Office access to SGI, as required by 10 CFR background check are not required to of the Secretary and the Office of the part 2, subpart C, and 10 CFR complete the SF-85 or Form FD-258; General Counsel are Hearing.Docket@ 73.22(b)(2), to determine the requestors however, all other requirements for nrc.gov and trustworthiness and reliability. For access to SGI, including the need to RidsOgcMailCenter.Resource@nrc.gov security reasons, Form SF-85 can only know, are still applicable. respectively.1 The request must include be submitted electronically through the Note: Copies of documents and materials the following information: electronic questionnaire for required by paragraphs C.(4)(b), (c), and (d) (1) A description of the licensing of this Order must be sent to the following investigations processing (e-QIP) action with a citation to this Federal address: U.S. Nuclear Regulatory website, a secure website that is owned Register notice; Commission, Attn: Personnel Security (2) The name and address of the and operated by the Office of Personnel Management. To obtain online access to Branch, Mail Stop TWFN-03-B46M, 11555 potential party and a description of the Rockville Pike, Rockville, MD 20852. potential partys particularized interest 2 Broad SGI requests under these procedures are sradovich on DSK3GMQ082PROD with NOTICES that could be harmed by the action unlikely to meet the standard for need to know; 3 The requestor will be asked to provide his or her identified in C.(1); furthermore, NRC staff redaction of information full name, social security number, date and place from requested documents before their release may of birth, telephone number, and email address. 1 While a request for hearing or petition to be appropriate to comport with this requirement. After providing this information, the requestor intervene in this proceeding must comply with the These procedures do not authorize unrestricted usually should be able to obtain access to the online filing requirements of the NRCs E-Filing Rule, disclosure or less scrutiny of a requestors need to form within one business day. the initial request to access SUNSI and/or SGI know than ordinarily would be applied in 4 This fee is subject to change pursuant to the under these procedures should be submitted as connection with an already-admitted contention or Office of Personnel Managements adjustable billing described in this paragraph. non-adjudicatory access to SGI. rates. STATUTORY ADD 190 VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 240 of 245 44074 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices These documents and materials or Affidavit, or Protective Order 6 by has been appointed, the Chief should not be included with the request each individual who will be granted Administrative Judge, or if he or she is letter to the Office of the Secretary, but access to SGI. unavailable, another administrative the request letter should state that the H. Release and Storage of SGI. Prior judge, or an Administrative Law Judge forms and fees have been submitted as to providing SGI to the requestor, the with jurisdiction pursuant to 10 CFR required. NRC staff will conduct (as necessary) an 2.318(a); or (c) if another officer has D. To avoid delays in processing inspection to confirm that the been designated to rule on information requests for access to SGI, the requestor recipients information protection access issues, with that officer. should review all submitted materials system is sufficient to satisfy the (4) The requestor may challenge the for completeness and accuracy requirements of 10 CFR 73.22. Office of Administrations final adverse (including legibility) before submitting Alternatively, recipients may opt to determination with respect to them to the NRC. The NRC will return view SGI at an approved SGI storage trustworthiness and reliability for access incomplete packages to the sender location rather than establish their own to SGI by filing a request for review in without processing. SGI protection program to meet SGI accordance with 10 CFR 2.336(f)(1)(iv). E. Based on an evaluation of the protection requirements. (5) Further appeals of decisions under information submitted under paragraphs I. Filing of Contentions. Any this paragraph must be made pursuant C.(3) or C.(4) above, as applicable, the contentions in these proceedings that to 10 CFR 2.311. NRC staff will determine within 10 days are based upon the information received K. Review of Grants of Access. A of receipt of the request whether: as a result of the request made for party other than the requestor may (1) There is a reasonable basis to SUNSI or SGI must be filed by the challenge an NRC staff determination believe the petitioner is likely to requestor no later than 25 days after granting access to SUNSI whose release establish standing to participate in this receipt of (or access to) that information. would harm that partys interest NRC proceeding; and However, if more than 25 days remain independent of the proceeding. Such a (2) The requestor has established a between the petitioners receipt of (or challenge must be filed within 5 days of legitimate need for access to SUNSI or access to) the information and the the notification by the NRC staff of its need to know the SGI requested. deadline for filing all other contentions grant of access and must be filed with: F. For requests for access to SUNSI, if (as established in the notice of hearing (a) The presiding officer designated in the NRC staff determines that the or opportunity for hearing), the this proceeding; (b) if no presiding requestor satisfies both E.(1) and E.(2) petitioner may file its SUNSI or SGI officer has been appointed, the Chief above, the NRC staff will notify the contentions by that later deadline. Administrative Judge, or if he or she is requestor in writing that access to J. Review of Denials of Access. unavailable, another administrative SUNSI has been granted. The written (1) If the request for access to SUNSI judge, or an Administrative Law Judge notification will contain instructions on or SGI is denied by the NRC staff either with jurisdiction pursuant to 10 CFR how the requestor may obtain copies of after a determination on standing and 2.318(a); or (c) if another officer has the requested documents, and any other requisite need, or after a determination been designated to rule on information conditions that may apply to access to on trustworthiness and reliability, the access issues, with that officer. those documents. These conditions may NRC staff shall immediately notify the If challenges to the NRC staff include, but are not limited to, the requestor in writing, briefly stating the determinations are filed, these signing of a Non-Disclosure Agreement reason or reasons for the denial. procedures give way to the normal or Affidavit, or Protective Order setting (2) Before the Office of process for litigating disputes forth terms and conditions to prevent Administration makes a final adverse concerning access to information. The the unauthorized or inadvertent determination regarding the availability of interlocutory review by disclosure of SUNSI by each individual trustworthiness and reliability of the the Commission of orders ruling on who will be granted access to SUNSI.5 proposed recipient(s) for access to SGI, such NRC staff determinations (whether G. For requests for access to SGI, if the the Office of Administration, in granting or denying access) is governed NRC staff determines that the requestor accordance with 10 CFR 2.336(f)(1)(iii), by 10 CFR 2.311.7 has satisfied both E.(1) and E.(2) above, must provide the proposed recipient(s) L. The Commission expects that the the Office of Administration will then any records that were considered in the NRC staff and presiding officers (and determine, based upon completion of trustworthiness and reliability any other reviewing officers) will the background check, whether the determination, including those required consider and resolve requests for access proposed recipient is trustworthy and to be provided under 10 CFR to SUNSI or SGI, and motions for reliable, as required for access to SGI by 73.57(e)(1), so that the proposed protective orders, in a timely fashion in 10 CFR 73.22(b). If the Office of recipient(s) have an opportunity to order to minimize any unnecessary Administration determines that the correct or explain the record. delays in identifying those petitioners individual or individuals are (3) The requestor may challenge the who have standing and who have trustworthy and reliable, the NRC will NRC staffs adverse determination with propounded contentions meeting the promptly notify the requestor in writing. respect to access to SUNSI or with specificity and basis requirements in 10 The notification will provide the names respect to standing or need to know for CFR part 2. The attachment to this of approved individuals as well as the SGI by filing a challenge within 5 days Order summarizes the general target conditions under which the SGI will be of receipt of that determination with: (a) schedule for processing and resolving provided. Those conditions may The presiding officer designated in this requests under these procedures. sradovich on DSK3GMQ082PROD with NOTICES include, but are not limited to, the proceeding; (b) if no presiding officer signing of a Non-Disclosure Agreement 7 Requestors should note that the filing 6 Any motion for Protective Order or draft Non- requirements of the NRCs E-Filing Rule (72 FR 5 Any motion for Protective Order or draft Non- Disclosure Agreement or Affidavit for SGI must be 49139; August 28, 2007, as amended at 77 FR Disclosure Affidavit or Agreement for SUNSI must filed with the presiding officer or the Chief 46562; August 3, 2012) apply to appeals of NRC be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not staff determinations (because they must be served Administrative Judge if the presiding officer has not yet been designated, within 180 days of the on a presiding officer or the Commission, as yet been designated, within 30 days of the deadline deadline for the receipt of the written access applicable), but not to the initial SUNSI/SGI request for the receipt of the written access request. request. submitted to the NRC staff under these procedures. STATUTORY ADD 191 VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 241 of 245 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 44075 It is so ordered. For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 24th of Rochelle C. Bavol, Acting, August, 2018. Secretary of the Commission. Attachment 1General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information in This Proceeding Day Event/activity 0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-structions for access requests. 10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; dem-onstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro-ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli-hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in-cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re-dacted documents), and readiness inspections. 25 ...................... If NRC staff finds no need, no need to know, or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds need for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staffs grant of access. 30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 190 .................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 205 .................... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). A ....................... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision revers-ing a final adverse determination by the NRC staff. A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the peti-tioner may file its SUNSI or SGI contentions by that later deadline. A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 ............. Decision on contention admission.
[FR Doc. 2018-18758 Filed 8-28-18; 8:45 am] ACTION:Notice of Performance Review Clarendon Blvd., Suite 1300, Arlington, BILLING CODE 7590-01-P Board membership. VA 22201. SUPPLEMENTARY INFORMATION: 5 U.S.C.
SUMMARY
- This notice announces the 4314(c)(1) through (5) requires each membership of the Nuclear Waste agency to establish, in accordance with NUCLEAR WASTE TECHNICAL Technical Review Board (NWTRB) regulations prescribed by the Office of sradovich on DSK3GMQ082PROD with NOTICES REVIEW BOARD Senior Executive Service (SES) Personnel Management, one or more Performance Review Board (PRB). SES Performance Review Boards.
Senior Executive Service Performance The PRB shall review and evaluate DATES: August 27, 2018. Review Board the initial summary rating of a senior FOR FURTHER INFORMATION CONTACT: executives performance, the executives AGENCY: U.S. Nuclear Waste Technical Neysa M. Slater-Chandler by telephone response, and the higher-level officials Review Board. at 703-235-4480, or via email at slater- comments on the initial summary chandler@nwtrb.gov, or via mail at 2300 rating. In addition, the PRB will review STATUTORY ADD 192 VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 242 of 245 Nuclear Regulatory Commission, Holtec International; HI-STORE Consolidated Interim Storage Facility; Notice of License Issuance, 88 Fed. Reg. 30,801 (May 12, 2023) STATUTORY ADD 193
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 243 of 245 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices 30801 estimate for application renewals has ACTION: License; issuance. 4737, between 8 a.m. and 4 p.m. eastern also been added to account for 35 time (ET), Monday through Friday, minutes of annual burden when
SUMMARY
- The U.S. Nuclear Regulatory except Federal holidays.
renewing an application. All efforts Commission (NRC) has issued Materials FOR FURTHER INFORMATION CONTACT: Jose related to SAP Portal applications occur License No. SNM-2516 to Holtec Cuadrado, Office of Nuclear Material prior to and separate from NCSESs International (Holtec) to construct and Safety and Safeguards, U.S. Nuclear effort to collect information related to operate the HI-STORE Consolidated Regulatory Commission, Washington, data security requirements. Interim Storage Facility (CISF) as DC 20555-0001; telephone: 301-415-The expected number of applications proposed in its license application, as amended, and to receive, possess, store, 0606; email: Jose.Cuadrado-Caraballo@ in the SAP Portal that receive a positive nrc.gov. determination from NCSES in a given and transfer spent nuclear fuel at the HI-STORE CISF in Lea County, New SUPPLEMENTARY INFORMATION: year may vary. Overall, per year, NCSES estimates it will collect data security Mexico. Holtec will be required to I. Discussion information for 20 application operate under the conditions listed in Materials License No. SNM-2516. The The NRC has issued a license to submissions, with two applicants per Holtec for its HI-STORE CISF in Lea application, that received a positive NRC staff has published a record of decision (ROD) that supports the NRCs County, New Mexico (ADAMS Package determination within the SAP Portal. Accession No. ML23075A179). NCSES estimates that the total burden decision to approve Holtecs license application for the HI-STORE CIS Materials License No. SNM-2516 for the collection of information for data authorizes Holtec to construct and Facility and to issue the license. security requirements over the course of operate its facility as proposed in its the three-year OMB clearance will be DATES: May 12, 2023. ADDRESSES: Please refer to Docket ID license application, as amended, and to about 120 hours and, as a result, an receive, possess, store, and transfer average annual burden of 40 hours. NRC-2018-0052 when contacting the NRC about the availability of spent nuclear fuel at the HI-STORE In addition, individuals must renew CISF. The license authorizes Holtec to applications annually and take annual information regarding this document. You may access publicly available store up to 8,680 metric tons of uranium CIPSEA training. An average of 90 [9,568 short tons] of spent nuclear fuel applicants per year renew their information related to this document using any of the following methods: for a license period of 40 years. Holtec applications, taking an average of 35 will be required to operate under the minutes for training and completion of
- Federal Rulemaking Website: Go to https://www.regulations.gov and search conditions listed in Materials License the amendment form for a total of 157.5 No. SNM-2516.
total burden hours over the course of the for Docket ID NRC-2018-0052. Address questions about Docket IDs in The NRC staffs ROD that supports the three-year OMB clearance and an NRCs decision to approve Holtecs annual burden of 52.5 hours. Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email: license application for the HI-STORE Comments: As required by 5 CFR CIS Facility and to issue Materials 1320.8(d), comments on the information Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed License No. SNM-2516 is available in collection activities as part of this study ADAMS under Accession No. were solicited through the publication in the FOR FURTHER INFORMATION CONTACT section of this document. ML23061A129. The ROD satisfies the of a 60-Day Notice in the Federal Register at 87 FR 65611. NCSES
- NRCs Agencywide Documents regulatory requirement in section 51.102 Access and Management System paragraph (a) of title 10 of the Code of received no comments. Federal Regulations (10 CFR), which Updates: The 30-day FRN specified (ADAMS): You may access publicly available documents online in the requires that a Commission decision on 30 minutes of burden per applicant to ADAMS Public Documents collection at any action for which a final complete security paperwork. This https://www.nrc.gov/reading-rm/ environmental impact statement (EIS) estimate has been updated to reflect an adams.html. To begin the search, select has been prepared be accompanied by additional 30 minutes of required Begin Web-based ADAMS Search. For or include a concise public ROD. As CIPSEA training, for a total of 60 problems with ADAMS, please contact discussed in the ROD, the final EIS for minutes of burden per applicant. In the NRCs Public Document Room (PDR) Holtecs license application for a CISF addition, the burden estimate has been reference staff at 1-800-397-4209, 301- for spent nuclear fuel in Lea County, updated to account for application 415-4737, or by email to New Mexico (ADAMS Accession No.
renewals, for a total of 35 minutes of PDR.Resource@nrc.gov. The ADAMS ML22181B094), and Supplement 1 burden per applicant. accession number for each document (ADAMS Accession No. ML22299A238), Dated: May 8, 2023. referenced (if it is available in ADAMS) the NRC staff considered a range of Suzanne H. Plimpton, is provided the first time that it is reasonable alternatives that included the Reports Clearance Officer, National Science mentioned in this document. In No-Action alternative, as required by Foundation. addition, for the convenience of the the National Environmental Policy Act [FR Doc. 2023-10121 Filed 5-11-23; 8:45 am] reader, the ADAMS accession numbers of 1969, as amended; storage at a BILLING CODE 7555-01-P are provided in a table in the government-owned CISF; alternative Availability of Documents section of design and storage technologies; and this document. alternative locations. The final EIS NUCLEAR REGULATORY
- NRCs PDR: You may examine and documents the environmental review, COMMISSION purchase copies of public documents, including the NRC staffs lotter on DSK11XQN23PROD with NOTICES1 by appointment, at the NRCs PDR, recommendation to issue an NRC
[Docket No. 72-1051; NRC-2018-0052] Room P1 B35, One White Flint North, license to Holtec to construct and 11555 Rockville Pike, Rockville, operate a CISF for spent nuclear fuel at Holtec International; HI-STORE Maryland 20852. To make an the proposed location, subject to the Consolidated Interim Storage Facility appointment to visit the PDR, please determinations in the NRC staffs safety AGENCY:Nuclear Regulatory send an email to PDR.Resource@nrc.gov review of the application. The final EIS Commission. or call 1-800-397-4209 or 301-415- conclusion is based on the NRC staffs STATUTORY ADD 194 VerDate Sep<11>2014 19:11 May 11, 2023 Jkt 259001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\12MYN1.SGM 12MYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 244 of 245 30802 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices independent environmental review, as physical security plan, environmental assurance that: (i) the activities well as (i) the license application, which report, updates to these documents, and authorized by the license can be includes the environmental report and applicant supplements and responses to conducted without endangering the supplemental documents and Holtecs NRC staff requests for additional health and safety of the public; and (ii) responses to the NRC staffs requests for information, and the NRC staffs final these activities will be conducted in additional information; (ii) consultation safety evaluation report, final EIS, and compliance with the applicable with Federal, State, Tribal, and local ROD. regulations of 10 CFR part 72. The NRC agencies and input from other Holtecs request for a materials license has further determined that the issuance stakeholders, including members of the was previously noticed in the Federal of the license will not be inimical to the public; and (iii) the assessments Register on March 19, 2018 (83 FR common defense and security. provided in the final EIS. 12034). A notice with an opportunity to The NRC staff prepared a final safety request a hearing and to petition for In accordance with 10 CFR 2.390 of evaluation report that documents the leave to intervene was published in the the NRCs Rules of Practice, the staffs safety and security review of the Federal Register on July 16, 2018 (83 FR details with respect to this action, application (ADAMS Accession No. 32919). Six groups of petitioners filed including the final safety evaluation ML23075A183). The staffs safety and petitions to intervene. An Atomic Safety report and accompanying security review found that the and Licensing Board considered the documentation and license, are application met applicable NRC petitions and its corresponding available electronically in the ADAMS regulations in 10 CFR part 72, contentions. The Board determined that Public Documents collection at https:// Licensing Requirements for the none of the petitions met the criteria for www.nrc.gov/reading-rm/adams.html. Independent Storage of Spent Nuclear admissibility and terminated the From this site, you can access ADAMS, Fuel, High-Level Radioactive Waste, and adjudicatory proceeding. Intervenors which provides text and image files of Reactor-Related Greater than Class C appealed the decisions to the the NRC public documents. Waste. Commission, and the Commission, in Documents related to the application several orders, affirmed all of the Board II. Availability of Documents carry Docket ID NRC-2018-0052 and decisions. NRC-2018-0055. These documents for In issuing a materials license to The documents identified in the the Holtec license include the license Holtec for the HI-STORE CISF, the NRC following table are available to application, the applicants safety has determined based on its review of interested persons through one or more analysis report, emergency plan, this application that there is reasonable of the following methods, as indicated. Document description ADAMS accession No. 1 ............... Initial license application, dated March 30, 2017 ....................................................................................... ML17115A431 (package). 2 ............... Applicant response to request for supplemental information, dated October 6, 2017 .............................. ML17310A218 (package). 3 ............... Applicant response to request for supplemental information, dated December 21, 2017 ........................ ML17362A097 (package). 4 ............... Applicant response to request for supplemental information, dated December 22, 2017 ........................ ML18011A158. 5 ............... License application, dated February 23, 2018 ........................................................................................... ML18058A617 (package). 6 ............... Applicant response to first round request for additional information, part 1, dated May 24, 2018 ........... ML18150A319 (package). 7 ............... Applicant response to first round request for additional information, part 1, dated July 27, 2018 ............ ML18213A206 (package). 8 ............... Applicant supplemental response to first round request for additional information, part 1, dated May ML21131A199 (package). 11, 2021. 9 ............... Applicant response to first round request for additional information, part 2, dated November 30, 2018 ML18345A153 (package). 10 ............. Applicant response to first round request for additional information, part 2, dated January 31, 2019 ..... ML19037A280 (package). 11 ............. Applicant response to first round request for additional information, part 3, dated March 30, 2019 ........ ML19094A271. 12 ............. Applicant response to first round request for additional information, part 3, dated March 30, 2019 ........ ML19106A183 (package). 13 ............. Applicant safeguards information, supplemental response to request for additional information, dated ML20065H155. March 2, 2020. 14 ............. Applicant response to first round request for additional information, part 4, dated March 15, 2019 ........ ML19081A083 (package). 15 ............. Applicant response to first round request for additional information, part 4, July 19, 2019, follow-up, ML19248C140 (package). dated August 26, 2019. 16 ............. Applicant response to December 26, 2019, emergency response plan clarification request for addi- ML20153A783 (package). tional information, dated June 1, 2020. 17 ............. Applicant response to first round request for additional information, part 5, dated June 1, 2020 ............ ML20153A777 (package). 18 ............. Applicant response to first round request for additional information, part 5, dated September 16, 2020 ML20260H139 (package). 19 ............. Applicant response to first round request for additional information, part 6, dated October 9, 2020 ....... ML20283A789 (package). 20 ............. Applicant response, supporting information, to first round request for additional information, part 6, ML20290A465. dated October 9, 2020. 21 ............. Applicant response to first round request for additional information, part 6, dated November 20, 2020 ML20326A005 (package). 22 ............. Applicant response to first round request for additional information, part 6, dated January 4, 2021 ....... ML21004A241 (package). 23 ............. U.S. Army Corps of Engineers, Regulatory Program, Approved Jurisdictional Determination Form (In- ML21155A229. terim), Navigable Waters Protection Rule, dated April 1, 2021. 24 ............. Applicant response to second round request for additional information, part 1, dated June 30, 2021 .... ML21224A105 (package). 25 ............. Applicant response to second round request for additional information, part 2, dated August 16, 2021 ML21228A201 (package). 26 ............. Applicant response to second round request for additional information, part 2, dated August 31, 2021 ML21243A525 (package). 27 ............. Applicant supplemental response to second round request for additional information, dated October ML21304A003 (package). lotter on DSK11XQN23PROD with NOTICES1 29, 2021. 28 ............. Applicant response to third round request for additional information, dated April 15, 2022 ..................... ML22108A114 (package). 29 ............. Applicant response to third round request for additional information, dated August 15, 2022 ................. ML22227A156 (package). 30 ............. Applicant supplemental response to third round request for additional information, dated November 23, ML22331A002 (package). 2022. 31 ............. Applicant supplemental response to third round request for additional information, dated December 23, ML22357A117 (package). 2022. STATUTORY ADD 195 VerDate Sep<11>2014 19:11 May 11, 2023 Jkt 259001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\12MYN1.SGM 12MYN1
USCA Case #20-1187 Document #2015102 Filed: 09/01/2023 Page 245 of 245 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices 30803 Document description ADAMS accession No. 32 ............. Applicant supplemental response to third round request for additional information, dated January 20, ML23020A128 (package). 2023. 33 ............. NUREG-2237, Environmental Impact Statement for the Holtec Internationals License Application for ML20069G420. a Consolidated Interim Storage Facility for Spent Nuclear Fuel and High Level Waste Draft Report for Comment, dated March 2020. 34 ............. Overview of the Draft Environmental Impact Statement, dated March 2020 ............................................ ML20073P254. 35 ............. Overview of the Draft Environmental Impact Statement (Spanish language version), dated April 2020 .. ML20120A522. 36 ............. NUREG-2237 Environmental Impact Statement for the Holtec Internationals License Application for ML22181B094. a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico Final Report, dated July 2022. 37 ............. NUREG-2237, Supplement 1, Environmental Impact Statement for Holtec Internationals License Ap- ML22299A238. plication for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico, dated October 2022. 38 ............. Final Safety Evaluation Report for the HI-STORE Consolidated Interim Storage Facility Independent ML23075A183. Spent Fuel Storage Installation Specific Materials License No. SNM-2516, dated May 2023. 39 ............. NRC Staffs Record of Decision, dated May 9, 2023 ................................................................................ ML23061A129. 40 ............. Materials License for Holtec International, dated May 9, 2023 ................................................................. ML23075A179 (package). For the Nuclear Regulatory Commission. Design Criteria/Commission Meeting Procedures for the conduct of and Dated: May 9, 2023. Preparation/Report Preparation/Retreat participation in ACRS meetings were Shana R. Helton, Follow-up Items (Open/Closed)The published in the Federal Register on Director, Division of Fuel Management, Office Committee will have presentations and June 13, 2019 (84 FR 27662). In of Nuclear Material Safety and Safeguards. discussions with representatives from accordance with those procedures, oral [FR Doc. 2023-10162 Filed 5-11-23; 8:45 am] GA and the NRC staff regarding the or written views may be presented by BILLING CODE 7590-01-P subject topic. members of the public, including [Note: Pursuant to 5 U.S.C. 552b(c)(4), representatives of the nuclear industry. a portion of this session may be closed Persons desiring to make oral statements NUCLEAR REGULATORY in order to discuss and protect should notify Quynh Nguyen, Cognizant COMMISSION information designated as proprietary.] ACRS Staff and the Designated Federal Officer (Telephone: 301-415-5844, 706th Meeting of the Advisory Thursday, June 8, 2023 Email: Quynh.Nguyen@nrc.gov), 5 days Committee on Reactor Safeguards before the meeting, if possible, so that 8:30 a.m.-5:00 p.m.: Planning and appropriate arrangements can be made (ACRS) Procedures Session/Future ACRS to allow necessary time during the In accordance with the purposes of Activities/Reconciliation of ACRS meeting for such statements. In view of sections 29 and 182b of the Atomic Comments and Recommendations/ the possibility that the schedule for Energy Act (42 U.S.C. 2039, 2232(b)), Preparation of Reports/Commission ACRS meetings may be adjusted by the the Advisory Committee on Reactor Meeting Preparation/Retreat Follow-up Chairman as necessary to facilitate the Safeguards (ACRS) will hold meetings Items (Open/Closed)The Committee conduct of the meeting, persons on June 7-9, 2023. The Committee will will hear discussion of the planning to attend should check with be conducting meetings that will recommendations of the Planning and the cognizant ACRS staff if such include some Members being physically Procedures Subcommittee regarding rescheduling would result in major present at the NRC while other Members items proposed for consideration by the inconvenience. participate remotely. Interested Full Committee during future ACRS An electronic copy of each members of the public are encouraged to meetings, and/or proceed to preparation presentation should be emailed to the participate remotely in any open of reports as determined by the cognizant ACRS staff at least one day sessions via MS Teams or via phone at Chairman and preparation of upcoming before the meeting. 301-576-2978, passcode 363920031#. A Commission meeting. [Note: Pursuant to In accordance with subsection 10(d) more detailed agenda including the 5 U.S.C. 552b(c)(2), a portion of this of Public Law 92-463 and 5 U.S.C. MSTeams link may be found at the session may be closed to discuss 552b(c), certain portions of this meeting ACRS public website at https:// organizational and personnel matters may be closed, as specifically noted www.nrc.gov/reading-rm/doc- that relate solely to internal personnel above. Use of still, motion picture, and collections/acrs/agenda/index.html. If rules and practices of the ACRS.] [Note: television cameras during the meeting you would like the MSTeams link Pursuant to 5 U.S.C. 552b(c)(4), a may be limited to selected portions of forwarded to you, please contact the portion of this session may be closed to the meeting as determined by the Designated Federal Officer as follows: discuss and protect information Chairman. Electronic recordings will be Quynh.Nguyen@nrc.gov, or designated as proprietary.] permitted only during the open portions Lawrence.Burkhart@nrc.gov. Friday, June 9, 2023 of the meeting. ACRS meeting agendas, meeting Wednesday, June 7, 2023 1:00 p.m.-5:00 p.m.: Preparation of transcripts, and letter reports are lotter on DSK11XQN23PROD with NOTICES1 1:00 p.m.-1:05 p.m.: Opening Reports (Open/Closed)The Committee available through the NRC Public Remarks by the ACRS Chairman will continue its discussion of proposed Document Room (PDR) at pdr.resource@ (Open)The ACRS Chairman will make ACRS reports. [Note: Pursuant to 5 nrc.gov, or by calling the PDR at 1-800-opening remarks regarding the conduct U.S.C. 552b(c)(4), a portion of this 397-4209, or from the Publicly of the meeting. session may be closed to discuss and Available Records System component of 1:05 p.m.-5:00 p.m.: General Atomics protect information designated as NRCs Agencywide Documents Access (GA) Fast Modular Reactor Principal proprietary.] and Management System, which is STATUTORY ADD 196 VerDate Sep<11>2014 19:11 May 11, 2023 Jkt 259001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\12MYN1.SGM 12MYN1}}