ML23277A045
| ML23277A045 | |
| Person / Time | |
|---|---|
| Issue date: | 10/02/2023 |
| From: | NRC/OGC |
| To: | US Federal Judiciary, Court of Appeals, 5th Circuit |
| References | |
| 23-60377 | |
| Download: ML23277A045 (1) | |
Text
United States Court of Appeals For the Fifth Circuit No. 23-60377 FASKEN LAND AND MINERALS, LIMITED; PERMIAN BASIN LAND AND ROYALTY OWNERS, Petitioners,
- v.
NUCLEAR REGULATORY COMMISSION; UNITED STATES OF AMERICA, Respondents.
On Petition for Review of Action by the Nuclear Regulatory Commission RECORD EXCERPTS FOR PETITIONERS FASKEN LAND AND MINERALS, LTD; PERMIAN BASIN LAND AND ROYALTY OWNERS ALLAN KANNER ANNEMIEKE M. TENNIS Kanner & Whiteley, L.L.C.
701 Camp Street New Orleans, LA. 70130 a.kanner@kanner-law.com a.tennis@kanner-law.com (504) 524-5777 Case: 23-60377 Document: 52 Page: 1 Date Filed: 10/02/2023
Table of Contents NRCs Record of Decision (May 9, 2023)........................................................ Tab 1 License Preamble, Nuclear Regulatory Commission Findings (May 9, 2023)..................................................................................................... Tab 2 Materials License for Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste (May 9, 2023)........................................... Tab 3 88 Fed. Reg. 30801 (May 12, 2023).................................................................. Tab 4 Case: 23-60377 Document: 52 Page: 2 Date Filed: 10/02/2023
TAB 1: NUCLEAR REGULATORY COMMISSIONS RECORD OF DECISION Case: 23-60377 Document: 52 Page: 3 Date Filed: 10/02/2023
U.S. NUCLEAR REGULATORY COMMISSION RECORD OF DECISION HOLTEC INTERNATIONALS LICENSE APPLICATION FOR A CONSOLIDATED INTERIM STORAGE FACILITY, LEA COUNTY, NEW MEXICO Introduction The U.S. Nuclear Regulatory Commission (NRC) staff prepared this record of decision (ROD) for the proposed Holtec International (Holtec) consolidated interim storage facility (CISF) to construct and operate a CISF for spent nuclear fuel (SNF) and Greater-Than-Class C material, along with a small quantity of mixed oxide fuel in Lea County, New Mexico.
In July 2022 and October 2022, the NRC staff issued a final Environmental Impact Statement (FEIS) and Supplement 1 to the FEIS for the Holtecs license application to construct and operate a proposed CISF (NRC, 2022a, 2022b). In the FEIS, the NRC staff, in accordance with title 10 of the Code of Federal Regulations (10 CFR) section 51.91(d), sets forth its recommendation, pursuant to the National Environmental Policy Act 1969, as amended (NEPA), regarding the proposed action. The NRC staff recommended the proposed action, which is the issuance of an NRC license to Holtec to construct and operate a CISF for SNF at the proposed location, subject to the determinations in the staffs safety review of the application (NRC, 2022a).
This ROD satisfies 10 CFR 51.102(a), which states that [a] Commission decision on any action for which a FEIS has been prepared shall be accompanied by or include a concise public record of decision. The NRC staff has prepared this ROD in accordance with NRC regulations at 10 CFR sections 51.102(b) and 51.103(a)(1)-(4). In addition, in accordance with 10 CFR section 51.103(c),
this ROD incorporates by reference the materials contained in the FEIS and Supplement 1 (NRC, 2022a, 2022b). This ROD also references a new and significant information evaluation performed by the staff just prior to its issuance (NRC, 2023b).
Background
Holtec would store up to 500 canisters for a license period of 40 years at the CISF in Lea County, New Mexico. Because the capacity of individual canisters can vary, the 500 canisters proposed in the Holtec license application have the potential to hold up to 8,680 metric tons uranium (MTUs)
[9,568 short tons]. During CISF operations, Holtec would receive SNF from decommissioning and decommissioned reactor facilities (NRC, 2022a).
The Holtec CISF would be built and operated on approximately 421 hectares (ha) [1,040 acres (ac)] of land in Lea County, New Mexico. The storage and operations area of the CISF, which is a smaller land parcel within the full property boundary, would include 134 ha [330 ac] of disturbed land. The proposed project area is approximately 51 kilometers (km) [32 miles (mi)] east of Carlsbad, New Mexico, and 54 km [34mi] west of Hobbs, New Mexico (NRC, 2022a).
Case: 23-60377 Document: 52 Page: 4 Date Filed: 10/02/2023
2 Holtec would use the HI-STORM UMAX for in-ground storage. The HI-STORM UMAX system would vertically store the SNF below grade to a total depth of approximately 6.9 meters [22.5 feet].
The HI-STORM UMAX is designed to be fully compatible with all HI-TRAC transfer casks and canisters NRC previously certified for storage. The current Certificate of Compliance for the HI-STORM UMAX system allows for storage of SNF in two specific multi-purpose canister (MPC) types: the Holtec MPC-37 and the Holtec MPC-89 (NRC, 2022a).
Holtec also plans to obtain a permit from the U.S. Bureau of Land Management (BLM) for an easement for a railroad spur to be constructed across BLM land, connecting the proposed site to an existing industrial railroad approximately four miles west of the site. The railroad spur would be used for transportation of the spent fuel from the rail line to the CISF site. The NRC agreed to serve as the lead agency for preparing the FEIS, with the BLM as a cooperating agency in order to meet both agencies NEPA responsibilities for its license or permit decision efficiently (NRC, 2018).
Additionally, the New Mexico Environmental Department participated in the environmental review as a cooperating agency by providing special expertise in surface water and groundwater resources for the proposed CISF project (NRC, 2019a).
In accordance with the NRCs NEPA implementing regulations in 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, the NRC staff prepared a site-specific EIS for the issuance of a license pursuant to 10 CFR part 72 for the storage of spent fuel at an independent spent fuel storage installation at a site not occupied by a power reactor (10 CFR 51.20(b)(9)). In this instance, the NRCs major Federal action is the issuance of a license authorizing Holtec to construct and operate the CISF for a 40-year license term.
The Decision This ROD documents the NRC staffs decision to issue a license to Holtec for a proposed CISF in Lea County, New Mexico. The license authorizes Holtec to construct and operate its facility as proposed in its license application and under the conditions in its NRC license (NRC, 2023c).
After comparing the impacts of the proposed action to the No-Action alternative, the NRC staff, in accordance with 10 CFR part 51.91(d), recommends the proposed action, which is the issuance of an NRC license to Holtec to construct and operate a CISF for SNF at the proposed location, subject to the determinations in the staffs safety review of the application. In addition, BLM staff recommends the issuance of a permit to construct and operate the rail spur. This recommendation is based on (i) the license application, which includes the Environmental Report (ER) and supplement documents and Holtecs responses to the NRC staffs requests for additional information; (ii) consultation with Federal, State, tribal, and local agencies, and input from other stakeholders, including comments on the draft EIS; (iii) independent NRC and BLM staff review; (iv) the assessments provided in the FEIS and Supplement 1; and (v) evaluation of any new and significant information since the issuance of the FEIS (Holtec, 2020; NRC, 2020b, 2022a, 2022b, 2023b).
In its safety and security review, the NRC staff determined that the application met the applicable NRC regulations in 10 CFR part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste. In issuing a materials license to Holtec for the CISF, the NRC determined that there is reasonable assurance that:
(i) the activities authorized by the license can be conducted without endangering the health and safety of the public; and (ii) these activities will be conducted in compliance with the applicable regulations of 10 CFR part 72. The NRC further determined that issuance of the license will not be inimical to the common defense and security (NRC, 2023a).
Case: 23-60377 Document: 52 Page: 5 Date Filed: 10/02/2023
3 Mitigation Measures The NRC has taken all practicable measures within its jurisdiction to avoid or minimize environmental harm from the proposed action (license issuance). Holtec has committed to several mitigation measures as described in table 6.3-1 of the FEIS (NRC, 2022a). In the FEIS, the NRC determined that impacts to most resource areas would be SMALL (i.e., not detectable or so minor), with SMALL to MODERATE beneficial impacts for local finance and MODERATE (i.e.,
sufficient to alter noticeably, but not to destabilize, important attributes of the resource) for vegetation, population growth, and employment (NRC, 2022a). The NRC is not imposing any license conditions in connection with mitigation measures for the licensing of the CISF. Holtec is subject to requirements including permits, authorization, and regulatory orders imposed by other federal, State, and local agencies governing facility construction and operation. Holtecs monitoring programs for the proposed project are described in chapter 7 of the FEIS (NRC, 2022a).
Alternatives Considered In its environmental review, the NRC staff evaluated the environmental consequences of the proposed action (i.e., authorizing the construction and operation of the CISF), and the environmental consequences of the No-Action alternative. FEIS chapter 2, Proposed Action and Alternatives, and chapter 4, Environmental Impacts, present the NRC staffs evaluation and analysis of the environmental impacts of the proposed action and the No-Action alternative that were considered, as well as those alternatives that were eliminated from detailed study (NRC, 2022a). The NRC staff discusses the reasons for eliminating these alternatives in section 2.3 of the FEIS. These alternatives included (1) storage of SNF at a government owned CISF operated by the U.S. Department of Energy; (2) alternative design or storage technologies; and (3) alternative CISF locations.
After comparing the impacts of the proposed action to the No-Action alternative and conducting a safety and security review of the proposed action, the NRC staff determined that the NRC should issue a license for the proposed CISF project. The NRC staff based its decision on: (i) review of Holtec application, which includes the ER and supplemental documents, and Holtecs responses to the NRC staff requests for additional information (RAIs) ; (ii) consultation with Federal, State, tribal, and local agencies, and input from other stakeholders, including comments on the draft EIS (EIS appendix D and Supplement 1); (iii) independent NRC staff review; (iv) the assessments in the FEIS; and (v) the NRC staffs assessments in the final Safety Evaluation Report for the CISF (Holtec, 2020; NRC, 2020, 2022a, 2022b, 2023b).
Public Comments On March 30, 2018 (83 FR 13802), the NRC staff published in the Federal Register (FR) a notice of intent to prepare an EIS and to conduct an environmental scoping process. The NRC staff invited potentially affected Federal, State, tribal, and local governments; organizations; and members of the public to provide comments on the environmental scope and review. The initial scoping period closed on May 29, 2018. The NRC staff extended the scoping comment period through July 30, 2018 (83 FR 22714). The NRC staff hosted six public in-person scoping meetings including: Rockville, Maryland on April 25, 2018; Roswell, New Mexico, on April 30, 2018; Hobbs, New Mexico, on May 1, 2018; Carlsbad, New Mexico, on May 3, 2018; Gallup, New Mexico on May 21, 2018; and Albuquerque, New Mexico on May 22, 2018. In June 2019, the NRC staff issued a scoping summary report (NRC, 2019).
Case: 23-60377 Document: 52 Page: 6 Date Filed: 10/02/2023
4 On March 20, 2020, the NRC staff issued the draft EIS, Environmental Impact Statement for the Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico (85 FR 16150), for an initial 60-day public comment period until May 22, 2020. On April 27, 2020, the NRC extended the comment period an additional 60 days until July 22, 2020 (85 FR 23382) and again on June 24, 2020, for an additional 60 days until September 22, 2020 (85 FR 37964). Additionally, the NRC staff held six public meetings on June 23, July 9, August 20, 25, 26, and September 2, 2020, to discuss the preliminary findings in the draft EIS and to receive comments. The recorded presentations and transcripts were posted on the NRC public project website:
https://www.nrc.gov/waste/spent-fuel-storage/cis/holtec-international.html. All comments related to the environmental review received during the comment period and responses to these comments are included in appendix D of the FEIS published in July 2022 and Supplement 1 published in October 2022 (NRC, 2022a, 2022b).
On August 15, 2022, the U.S. Environmental Protection Agency submitted a letter to the NRC staff stating that the NRC had addressed its comments on the draft EIS in the FEIS. These comments discussed the process and outcome of government-to-government consultation between the NRC and the tribes and incorporation of minority and low-income populations accessing the shallow aquifer as a water source (EPA, 2022).
In this ROD, the NRC staff has determined that the standards for issuance of a license for Holtec CISF have been met and the requirements of Section 102 of NEPA have been satisfied.
Dated at Rockville, MD, this 9th of May 2023, APPROVED BY:
Christopher M. Regan, Director Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Signed by Regan, Christopher on 05/09/23 Case: 23-60377 Document: 52 Page: 7 Date Filed: 10/02/2023
5 References 10 CFR part 51. Code of Federal Regulations, title 10, Energy, part 51, Environmental Protection Regulation for Domestic Licensing and Related Regulatory Functions. Washington, DC: U.S.
Government Publishing Office.
10 CFR part 71. Code of Federal Regulations, title 10 Energy, part 71, Packaging and Transportation of Radioactive Material. Washington, DC: U.S. Government Publishing Office.
10 CFR part 72. Code of Federal Regulations, title 10 Energy, part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste. Washington, DC: U.S. Government Publishing Office.
83 FR 13802. March 30, 2018. "Holtec Internationals Consolidated Interim Storage Facility.
Intent to Prepare an Environmental Impact Statement and Conduct a Scoping Process Request for Comment. Federal Register, Nuclear Regulatory Commission.
83 FR 22714. May 16, 2018. Holtec Internationals Consolidated Interim Storage Facility.
Environmental Impact Statement; Public Scoping Comment Meetings, Extension of Comment Period. Federal Register, Nuclear Regulatory Commission.
85 FR 16150. March 20, 2020. Holtec Internationals Consolidated Interim Storage Facility. Draft Environmental Impact Statement, Request for Comment. Federal Register, Nuclear Regulatory Commission.
85 FR 23382. April 27, 2020. Holtec Internationals Consolidated Interim Storage Facility. Draft Environmental Impact Statement, Extension of Comment Period. Federal Register, Nuclear Regulatory Commission.
85 FR 37964. June 24, 2020. Holtec Internationals Consolidated Interim Storage Facility. Draft Environmental Impact Statement, Extension of Comment Period. Federal Register, Nuclear Regulatory Commission.
EPA (U.S. Environmental Protection Agency). 2022, Letter from Robert Houston to U.S. Nuclear Regulatory Commission dated August 15, 2022, regarding EPA Comments on the Final Environmental Impact Statement for the Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico. Dallas, Texas. ML22265A193.
NRC (U.S. Nuclear Regulatory Commission). 2018. Memorandum of Understanding Between to U.S. Nuclear Regulatory Commission Office of Nuclear Materials Safety and Safeguards, and the U.S. Bureau of Land Management: Invitation to Participate as a Cooperation Agency in Preparation of the Environmental Impact Statement for the Proposed Holtec International Consolidated Interim Storage Facility. October 1, 2018. Washington, D.C. ML18290A458.
NRC (U.S. Nuclear Regulatory Commission). 2019a. Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission Office of Nuclear Materials Safety and Safeguards, and the New Mexico Environment Department on the Environmental Review Related to the Issuance of Authorizations to Build and Operate the Proposed Holtec International Consolidated Interim Storage Facility. Washington, D.C. ML19206A094.
Case: 23-60377 Document: 52 Page: 8 Date Filed: 10/02/2023
6 NRC (U.S. Nuclear Regulatory Commission). 2019. Environmental Impact Statement Scoping Process Summary Report, The Holtec Environmental Impact Statement Public Scoping Period.
June 2019, Washington, D.C. ML19121A296.
Holtec (Holtec International). 2020, Environmental Report on the HI-Store Consolidated Interim Storage Facility, NRC Docket No. 72-1051, Revision 9. Marlton, New Jersey. ML20353A427 NRC (U.S. Nuclear Regulatory Commission). 2020, Environmental Impact Statement for the Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico - Draft Report for Comment. Washington D.C.
NRC (U.S. Nuclear Regulatory Commission). 2022a. Environmental Impact Statement for the Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico - Final Report. Washington D.C. ML22181B094.
NRC (U.S. Nuclear Regulatory Commission). 2022b. Environmental Impact Statement for the Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico - Supplement 1. Washington D.C. ML22299A238.
NRC (U.S. Nuclear Regulatory Commission). 2023a. Final Safety Evaluation Report, Holtec International, 10 CFR Part 72 Specific Materials License SNM-2516, HI-STORE Consolidated Interim Storage Facility ISFSI. Washington, D.C. ML23075A183 NRC (U.S. Nuclear Regulatory Commission). 2023b. Review of New and Potentially Significant Information for the Holtec Environmental Impact Statement for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico. Washington, D.C. ML23097A171.
NRC (U.S. Nuclear Regulatory Commission). 2023c. Holtec International, 10 CFR Part 72 Specific Materials License SNM-2516, HI-STORE Consolidated Interim Storage Facility ISFSI.
Washington, D.C. ML23075A181.
Case: 23-60377 Document: 52 Page: 9 Date Filed: 10/02/2023
TAB 2: LICENSE PREAMBLE, NUCLEAR REGULATORY COMMISSIONS FINDINGS Case: 23-60377 Document: 52 Page: 10 Date Filed: 10/02/2023
HOLTEC INTERNATIONAL DOCKET NO. 72-1051 HI-STORE CONSOLIDATED INTERIM STORAGE FACILITY INDEPENDENT SPENT FUEL STORAGE INSTALLATION MATERIALS LICENSE NO. SNM-2516 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A. The application filed by Holtec International (the applicant), for a materials license to receive, store, transfer, and possess power reactor spent fuel and associated radioactive material at the HI-STORE Consolidated Interim Storage (CIS) Facility Independent Spent Fuel Storage Installation (ISFSI) in Lea County, NM, meets the standards and requirements of the Atomic Energy Act of 1954, as amended (Act), and the Commissions regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR) Chapter I, Nuclear Regulatory Commission; B. The HI-STORE CIS Facility ISFSI will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission; C. The applicants proposed ISFSI design complies with the criteria in 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste, Subpart F, General Design Criteria; D. The proposed site complies with the criteria in 10 CFR Part 72, Subpart E, Siting Evaluation Factors; E. The applicant is qualified by reason of training and experience to conduct the operations covered by the regulations in 10 CFR Part 72; F. The applicants operating procedures to protect health and to minimize danger to life and property are adequate; G. The applicant is financially qualified to engage in the activities in accordance with the regulations in 10 CFR Part 72, subject to the conditions specified in the license; H. The applicants quality assurance plan complies with 10 CFR Part 72, Subpart G, Quality Assurance; I.
The applicants physical protection provisions comply with 10 CFR Part 72, Subpart H, Physical Protection; J.
The applicants personnel training program complies with 10 CFR Part 72, Subpart I, Training and Certification of Personnel; K. The applicants decommissioning plan and its financing pursuant to 10 CFR 72.30 provide reasonable assurance, subject to the conditions specified in the license, that the decontamination and decommissioning of the HI-STORE CIS Facility ISFSI at the end of its useful life will provide adequate protection to the health and safety of the public; L.
The applicants emergency plan complies with 10 CFR 72.32; Case: 23-60377 Document: 52 Page: 11 Date Filed: 10/02/2023
M. The applicant has satisfied the applicable provisions of 10 CFR Part 170, Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, as Amended; N. There is reasonable assurance that (i) the activities authorized by this license can be conducted without endangering public health and safety, and (ii) such activities will be conducted in compliance with the Commissions regulations; O. The issuance of this license will not be inimical to the common defense and security; and P. The issuance of this license is in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.
- 2. This license is effective as of the date of its issuance and shall expire at midnight on May 9, 2063.
FOR THE U.S. NUCLEAR REGULATORY COMMISSION Shana R. Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards
Enclosure:
License SNM-2516 Date of Issuance: May 9, 2023 Signed by Helton, Shana on 05/09/23 Case: 23-60377 Document: 52 Page: 12 Date Filed: 10/02/2023
TAB 3: MATERIALS LICENSE FOR INDEPENDNT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Case: 23-60377 Document: 52 Page: 13 Date Filed: 10/02/2023
NRC FORM 588 (10-2000) 10 CFR 72 U. S. NUCLEAR REGULATORY COMMISSION PAGE 1 OF 3 PAGES LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Public Law 93-438), and Title 10, Code of Federal Regulations, Chapter 1, Part 72, and in reliance on statements and representations heretofore made by the licensee, a license is hereby issued authorizing the licensee to receive, acquire, and possess the power reactor spent fuel and other radioactive materials associated with spent fuel storage designated below; to use such material for the purpose(s) and at the place(s) designated below; and to deliver or transfer such material to persons authorized to receive it in accordance with the regulations of the applicable Part(s). This license shall be deemed to contain the conditions specified in Section 183 of the Atomic Energy Act of 1954, as amended, and is subject to all applicable rules, regulations, and orders of the Nuclear Regulatory Commission now or hereafter in effect and to any conditions specified herein.
This license is conditioned upon fulfilling the requirements of 10 CFR Part 72, as applicable, the attached Appendix A (Technical Specifications), and the conditions specified below.
Licensee 1.
Holtec International 3.
License No.
SNM-2516 Amendment No.
0 4.
Expiration Date May 9, 2063 2.
Holtec Technology Center 1 Holtec Blvd Camden, NJ 08104
- 5.
Docket or Reference No.
72-1051 6.
Byproduct, Source and /or Special Nuclear Material 7.
Chemical and/or Physical Form 8.
Maximum Amount That Licensee May Possess at Any One Time Under This License A.
Spent nuclear fuel elements from commercial nuclear utilities licensed pursuant to 10 CFR Part 50 and associated radioactive materials related to the receipt, transfer, and storage of that spent nuclear fuel.
A.
Undamaged fuel assemblies, damaged fuel assemblies, and fuel debris, as allowed by Certificate of Compliance No. 1040, Amendments 0, 1, and 2, for the HI-STORM UMAX Canister Storage System, and described in Paragraph 9 below.
A.
8,680 Metric Tons of Uranium (500 loaded canisters) in the form of undamaged fuel assemblies, damaged fuel assemblies, and fuel debris.
9.
Authorized Use: The material identified in 6.A and 7.A above is authorized for receipt, possession, storage, and transfer in the HI-STORE Consolidated Interim Storage (CIS) Facility, as described in the HI-STORE CIS Facility Final Safety Analysis Report (FSAR). Storage is authorized only in casks designed in accordance with Certificate of Compliance No. 1040, Amendments 0, 1, and 2, for the HI-STORM UMAX Canister Storage System.
10.
Authorized Place of Use: The licensed material is to be received, possessed, transferred, and stored at the HI-STORE CIS Facility located in Lea County, New Mexico.
11.
The Technical Specifications contained in the Appendix attached hereto are incorporated into the license. The licensee shall operate the HI-STORE CIS Facility in accordance with the Technical Specifications in the Appendix.
12.
The design, construction, and operation of the HI-STORE CIS Facility shall be accomplished in accordance with the NRCs regulations specified in Title 10 of the Code of Federal Regulations. All commitments to applicable Commission Regulatory Guides and to applicable engineering and construction codes shall be met.
Case: 23-60377 Document: 52 Page: 14 Date Filed: 10/02/2023
PAGE 2
OF 3
PAGES License No.
SNM-2516 Amendment No.
0 NRC FORM 588A U. S. NUCLEAR REGULATORY COMMISSION (10-2000) 10 CFR 72 LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE SUPPLEMENTARY SHEET Docket or Reference No.
72-1051 13.
The licensee shall follow the Holtec International & Eddy Lea Energy Alliance (ELEA) Underground Consolidated Interim Storage Facility -- Emergency Response Plan, HI-2177535, Revision 5, dated November 17, 2022, and as further supplemented and revised in accordance with 10 CFR 72.44(f).
14.
The licensee shall:
(1) follow the Holtec International & Eddy Lea Energy Alliance (ELEA) Underground Consolidated Interim Storage Facility - Physical Security Plan, HI-2177559, Revision 3, dated March 2, 2020, as it may be further amended under the provisions of 10 CFR 72.44(e) and 72.186; (2) follow the Holtec International & Eddy Lea Energy Alliance (ELEA) Underground Consolidated Interim Storage Facility - Safeguards Contingency Plan, HI-2177560, Revision 3, dated March 2, 2020, as it may be further amended under the provisions of 10 CFR 72.44(e) and 72.186; and (3) follow the Holtec International & Eddy Lea Energy Alliance (ELEA) CISF Security Training and Qualification Plan, HI-2177561, Revision 2, dated March 30, 2019, as it may be further amended under the provisions of 10 CFR 72.44(e) and 72.186.
(4) follow the Additional Security Measures for the Physical Protection of Dry Independent Spent Fuel Storage Installations, dated September 28, 2007.
(5) follow the Additional Security Measures for Access Authorization and Fingerprinting at Independent Spent Fuel Storage Installations, dated February 4, 2016.
15.
In accordance with 10 CFR 72.22, the construction program will be undertaken only after a definitive agreement with the prospective customer for storing the used fuel at the HI-STORE CIS Facility has been established. Construction of any additional capacity beyond the initial capacity of 500 canisters shall commence only after funding is fully committed that is adequate to construct such additional capacity.
16.
The licensee shall:
(1) include in its service contracts provisions requiring customers to retain title to the spent fuel stored, and allocating legal and financial liability among the licensee and the customers; (2) include in its service contracts provisions requiring customers to provide periodically credit information, and, where necessary, additional financial assurances such as guarantees, prepayment, or payment bond; (3) include in its service contracts a provision requiring the licensee not to terminate its license prior to furnishing the spent fuel storage services covered by the service contract.
17.
The licensee shall submit a Startup Plan to the NRC at least 90 days prior to receipt and storage of spent fuel at the HI-STORE CIS Facility.
Case: 23-60377 Document: 52 Page: 15 Date Filed: 10/02/2023
PAGE 3
OF 3
PAGES License No.
SNM-2516 Amendment No.
0 NRC FORM 588A U. S. NUCLEAR REGULATORY COMMISSION (10-2000) 10 CFR 72 LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE SUPPLEMENTARY SHEET Docket or Reference No.
72-1051 18.
The licensee shall have insurance coverage as specified in Holtec International & Eddy Lea Energy Alliance (ELEA) Underground CISF - Financial Assurance & Project Life Cycle Cost Estimates, HI-2177593, Revision 2, effective 30 days before first fuel arrival.
19.
Prior to receipt of the material identified in sections 6.A and 7.A of this license, the Licensee shall have a decommissioning financial assurance instrument, in a form of one or more of the methods described in 10 CFR 72.30(e), reflecting the current decommissioning cost estimate.
20.
This license is effective as of the date of issuance shown below.
FOR THE NUCLEAR REGULATORY COMMISSION Shana R. Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Date of Issuance: May 9, 2023
Attachment:
Appendix A - Technical Specifications for the HI-STORE Consolidated Interim Storage (CIS) Facility Signed by Helton, Shana on 05/09/23 Case: 23-60377 Document: 52 Page: 16 Date Filed: 10/02/2023
TAB 4: 88 FEDERAL REGISTER 30801 Case: 23-60377 Document: 52 Page: 17 Date Filed: 10/02/2023
30801 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices estimate for application renewals has also been added to account for 35 minutes of annual burden when renewing an application. All efforts related to SAP Portal applications occur prior to and separate from NCSESs effort to collect information related to data security requirements.
The expected number of applications in the SAP Portal that receive a positive determination from NCSES in a given year may vary. Overall, per year, NCSES estimates it will collect data security information for 20 application submissions, with two applicants per application, that received a positive determination within the SAP Portal.
NCSES estimates that the total burden for the collection of information for data security requirements over the course of the three-year OMB clearance will be about 120 hours0.00139 days <br />0.0333 hours <br />1.984127e-4 weeks <br />4.566e-5 months <br /> and, as a result, an average annual burden of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br />.
In addition, individuals must renew applications annually and take annual CIPSEA training. An average of 90 applicants per year renew their applications, taking an average of 35 minutes for training and completion of the amendment form for a total of 157.5 total burden hours over the course of the three-year OMB clearance and an annual burden of 52.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />.
Comments: As required by 5 CFR 1320.8(d), comments on the information collection activities as part of this study were solicited through the publication of a 60-Day Notice in the Federal Register at 87 FR 65611. NCSES received no comments.
Updates: The 30-day FRN specified 30 minutes of burden per applicant to complete security paperwork. This estimate has been updated to reflect an additional 30 minutes of required CIPSEA training, for a total of 60 minutes of burden per applicant. In addition, the burden estimate has been updated to account for application renewals, for a total of 35 minutes of burden per applicant.
Dated: May 8, 2023.
Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
[FR Doc. 2023-10121 Filed 5-11-23; 8:45 am]
BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION
[Docket No. 72-1051; NRC-2018-0052]
Holtec International; HI-STORE Consolidated Interim Storage Facility AGENCY: Nuclear Regulatory Commission.
ACTION: License; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) has issued Materials License No. SNM-2516 to Holtec International (Holtec) to construct and operate the HI-STORE Consolidated Interim Storage Facility (CISF) as proposed in its license application, as amended, and to receive, possess, store, and transfer spent nuclear fuel at the HI-STORE CISF in Lea County, New Mexico. Holtec will be required to operate under the conditions listed in Materials License No. SNM-2516. The NRC staff has published a record of decision (ROD) that supports the NRCs decision to approve Holtecs license application for the HI-STORE CIS Facility and to issue the license.
DATES: May 12, 2023.
ADDRESSES: Please refer to Docket ID NRC-2018-0052 when contacting the NRC about the availability of information regarding this document.
You may access publicly available information related to this document using any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0052. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- NRCs Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in the Availability of Documents section of this document.
- NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jose Cuadrado, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0606; email: Jose.Cuadrado-Caraballo@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion The NRC has issued a license to Holtec for its HI-STORE CISF in Lea County, New Mexico (ADAMS Package Accession No. ML23075A179).
Materials License No. SNM-2516 authorizes Holtec to construct and operate its facility as proposed in its license application, as amended, and to receive, possess, store, and transfer spent nuclear fuel at the HI-STORE CISF. The license authorizes Holtec to store up to 8,680 metric tons of uranium
[9,568 short tons] of spent nuclear fuel for a license period of 40 years. Holtec will be required to operate under the conditions listed in Materials License No. SNM-2516.
The NRC staffs ROD that supports the NRCs decision to approve Holtecs license application for the HI-STORE CIS Facility and to issue Materials License No. SNM-2516 is available in ADAMS under Accession No. ML23061A129. The ROD satisfies the regulatory requirement in section 51.102 paragraph (a) of title 10 of the Code of Federal Regulations (10 CFR), which requires that a Commission decision on any action for which a final environmental impact statement (EIS) has been prepared be accompanied by or include a concise public ROD. As discussed in the ROD, the final EIS for Holtecs license application for a CISF for spent nuclear fuel in Lea County, New Mexico (ADAMS Accession No. ML22181B094), and Supplement 1 (ADAMS Accession No. ML22299A238),
the NRC staff considered a range of reasonable alternatives that included the No-Action alternative, as required by the National Environmental Policy Act of 1969, as amended; storage at a government-owned CISF; alternative design and storage technologies; and alternative locations. The final EIS documents the environmental review, including the NRC staffs recommendation to issue an NRC license to Holtec to construct and operate a CISF for spent nuclear fuel at the proposed location, subject to the determinations in the NRC staffs safety review of the application. The final EIS conclusion is based on the NRC staffs 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 lotter on DSK11XQN23PROD with NOTICES1 Case: 23-60377 Document: 52 Page: 18 Date Filed: 10/02/2023
30802 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices independent environmental review, as well as (i) the license application, which includes the environmental report and supplemental documents and Holtecs responses to the NRC staffs requests for additional information; (ii) consultation with Federal, State, Tribal, and local agencies and input from other stakeholders, including members of the public; and (iii) the assessments provided in the final EIS.
The NRC staff prepared a final safety evaluation report that documents the staffs safety and security review of the application (ADAMS Accession No. ML23075A183). The staffs safety and security review found that the application met applicable NRC regulations in 10 CFR part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste.
Documents related to the application carry Docket ID NRC-2018-0052 and NRC-2018-0055. These documents for the Holtec license include the license application, the applicants safety analysis report, emergency plan, physical security plan, environmental report, updates to these documents, and applicant supplements and responses to NRC staff requests for additional information, and the NRC staffs final safety evaluation report, final EIS, and ROD.
Holtecs request for a materials license was previously noticed in the Federal Register on March 19, 2018 (83 FR 12034). A notice with an opportunity to request a hearing and to petition for leave to intervene was published in the Federal Register on July 16, 2018 (83 FR 32919). Six groups of petitioners filed petitions to intervene. An Atomic Safety and Licensing Board considered the petitions and its corresponding contentions. The Board determined that none of the petitions met the criteria for admissibility and terminated the adjudicatory proceeding. Intervenors appealed the decisions to the Commission, and the Commission, in several orders, affirmed all of the Board decisions.
In issuing a materials license to Holtec for the HI-STORE CISF, the NRC has determined based on its review of this application that there is reasonable assurance that: (i) the activities authorized by the license can be conducted without endangering the health and safety of the public; and (ii) these activities will be conducted in compliance with the applicable regulations of 10 CFR part 72. The NRC has further determined that the issuance of the license will not be inimical to the common defense and security.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, the details with respect to this action, including the final safety evaluation report and accompanying documentation and license, are available electronically in the ADAMS Public Documents collection at https://
www.nrc.gov/reading-rm/adams.html.
From this site, you can access ADAMS, which provides text and image files of the NRC public documents.
II. Availability of Documents The documents identified in the following table are available to interested persons through one or more 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........................
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 11, 2021.
ML21131A199 (package).
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........
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 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, dated August 26, 2019.
ML19248C140 (package).
16.............
Applicant response to December 26, 2019, emergency response plan clarification request for addi-tional information, dated June 1, 2020.
ML20153A783 (package).
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, 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-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 29, 2021.
ML21304A003 (package).
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, 2022.
ML22331A002 (package).
31.............
Applicant supplemental response to third round request for additional information, dated December 23, 2022.
ML22357A117 (package).
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 lotter on DSK11XQN23PROD with NOTICES1 Case: 23-60377 Document: 52 Page: 19 Date Filed: 10/02/2023
30803 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices Document description ADAMS accession No.
32.............
Applicant supplemental response to third round request for additional information, dated January 20, 2023.
ML23020A128 (package).
33.............
NUREG-2237, Environmental Impact Statement for the Holtec Internationals License Application for 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............................................
35.............
Overview of the Draft Environmental Impact Statement (Spanish language version), dated April 2020..
36.............
NUREG-2237 Environmental Impact Statement for the Holtec Internationals License Application for 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-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 Spent Fuel Storage Installation Specific Materials License No. SNM-2516, dated May 2023.
39.............
NRC Staffs Record of Decision, dated May 9, 2023................................................................................
40.............
Materials License for Holtec International, dated May 9, 2023.................................................................
ML23075A179 (package).
For the Nuclear Regulatory Commission.
Dated: May 9, 2023.
Shana R. Helton, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-10162 Filed 5-11-23; 8:45 am]
BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION 706th Meeting of the Advisory Committee on Reactor Safeguards (ACRS)
In accordance with the purposes of sections 29 and 182b of the Atomic Energy Act (42 U.S.C. 2039, 2232(b)),
the Advisory Committee on Reactor Safeguards (ACRS) will hold meetings on June 7-9, 2023. The Committee will be conducting meetings that will include some Members being physically present at the NRC while other Members participate remotely. Interested members of the public are encouraged to participate remotely in any open sessions via MS Teams or via phone at 301-576-2978, passcode 363920031#. A more detailed agenda including the MSTeams link may be found at the ACRS public website at https://
www.nrc.gov/reading-rm/doc-collections/acrs/agenda/index.html. If you would like the MSTeams link forwarded to you, please contact the Designated Federal Officer as follows:
Quynh.Nguyen@nrc.gov, or Lawrence.Burkhart@nrc.gov.
Wednesday, June 7, 2023 1:00 p.m.-1:05 p.m.: Opening Remarks by the ACRS Chairman (Open)The ACRS Chairman will make opening remarks regarding the conduct of the meeting.
1:05 p.m.-5:00 p.m.: General Atomics (GA) Fast Modular Reactor Principal Design Criteria/Commission Meeting Preparation/Report Preparation/Retreat Follow-up Items (Open/Closed)The Committee will have presentations and discussions with representatives from GA and the NRC staff regarding the subject topic.
[Note: Pursuant to 5 U.S.C. 552b(c)(4),
a portion of this session may be closed in order to discuss and protect information designated as proprietary.]
Thursday, June 8, 2023 8:30 a.m.-5:00 p.m.: Planning and Procedures Session/Future ACRS Activities/Reconciliation of ACRS Comments and Recommendations/
Preparation of Reports/Commission Meeting Preparation/Retreat Follow-up Items (Open/Closed)The Committee will hear discussion of the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the Full Committee during future ACRS meetings, and/or proceed to preparation of reports as determined by the Chairman and preparation of upcoming Commission meeting. [Note: Pursuant to 5 U.S.C. 552b(c)(2), a portion of this session may be closed to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of the ACRS.] [Note:
Pursuant to 5 U.S.C. 552b(c)(4), a portion of this session may be closed to discuss and protect information designated as proprietary.]
Friday, June 9, 2023 1:00 p.m.-5:00 p.m.: Preparation of Reports (Open/Closed)The Committee will continue its discussion of proposed ACRS reports. [Note: Pursuant to 5 U.S.C. 552b(c)(4), a portion of this session may be closed to discuss and protect information designated as proprietary.]
Procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on June 13, 2019 (84 FR 27662). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry.
Persons desiring to make oral statements should notify Quynh Nguyen, Cognizant ACRS Staff and the Designated Federal Officer (Telephone: 301-415-5844, Email: Quynh.Nguyen@nrc.gov), 5 days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the cognizant ACRS staff if such rescheduling would result in major inconvenience.
An electronic copy of each presentation should be emailed to the cognizant ACRS staff at least one day before the meeting.
In accordance with subsection 10(d) of Public Law 92-463 and 5 U.S.C.
552b(c), certain portions of this meeting may be closed, as specifically noted above. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Electronic recordings will be permitted only during the open portions of the meeting.
ACRS meeting agendas, meeting transcripts, and letter reports are available through the NRC Public Document Room (PDR) at pdr.resource@
nrc.gov, or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System component of NRCs Agencywide Documents Access and Management System, which is 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 lotter on DSK11XQN23PROD with NOTICES1 Case: 23-60377 Document: 52 Page: 20 Date Filed: 10/02/2023