ML23277A045

Record Excerpts for Petitioners Fasken Land and Minerals, Ltd; Permian Basin Land and Royalty Owners

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

Case: 23-60377 Document: 52 Page: 1 Date Filed: 10/02/2023 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: 2 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: 3 Date Filed: 10/02/2023 TAB 1: NUCLEAR REGULATORY COMMISSIONS RECORD OF DECISION

Case: 23-60377 Document: 52 Page: 4 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: 5 Date Filed: 10/02/2023 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).

2

Case: 23-60377 Document: 52 Page: 6 Date Filed: 10/02/2023 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).

3

Case: 23-60377 Document: 52 Page: 7 Date Filed: 10/02/2023 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:

Signed by Regan, Christopher on 05/09/23 Christopher M. Regan, Director Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards 4

Case: 23-60377 Document: 52 Page: 8 Date Filed: 10/02/2023 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.

5

Case: 23-60377 Document: 52 Page: 9 Date Filed: 10/02/2023 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.

ML20069G420.

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.

6

Case: 23-60377 Document: 52 Page: 10 Date Filed: 10/02/2023 TAB 2: LICENSE PREAMBLE, NUCLEAR REGULATORY COMMISSIONS FINDINGS

Case: 23-60377 Document: 52 Page: 11 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: 12 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 Signed by Helton, Shana on 05/09/23 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

Case: 23-60377 Document: 52 Page: 13 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: 14 Date Filed: 10/02/2023 NRC FORM 588 U. S. NUCLEAR REGULATORY COMMISSION (10-2000) 10 CFR 72 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

2. Holtec Technology Center 4. Expiration Date May 9, 2063 1 Holtec Blvd Camden, NJ 08104 5. Docket or 72-1051 Reference No.

6. Byproduct, Source and /or 7. Chemical and/or Physical Form 8. Maximum Amount That Licensee Special Nuclear Material May Possess at Any One Time Under This License A. Spent nuclear fuel elements from A. Undamaged fuel assemblies, damaged A. 8,680 Metric Tons of Uranium commercial nuclear utilities licensed fuel assemblies, and fuel debris, as (500 loaded canisters) in the form of pursuant to 10 CFR Part 50 and allowed by Certificate of Compliance undamaged fuel assemblies, damaged associated radioactive materials related No. 1040, Amendments 0, 1, and 2, for fuel assemblies, and fuel debris.

to the receipt, transfer, and storage of the HI-STORM UMAX Canister Storage that spent nuclear fuel. System, and described in Paragraph 9 below.

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: 15 Date Filed: 10/02/2023 NRC FORM 588A U. S. NUCLEAR REGULATORY COMMISSION PAGE 2 OF 3 PAGES (10-2000) 10 CFR 72 License No. Amendment No.

LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR SNM-2516 0 FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Docket or Reference No.

SUPPLEMENTARY SHEET 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: 16 Date Filed: 10/02/2023 NRC FORM 588A U. S. NUCLEAR REGULATORY COMMISSION PAGE 3 OF 3 PAGES (10-2000) 10 CFR 72 License No. Amendment No.

LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR SNM-2516 0 FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Docket or Reference No.

SUPPLEMENTARY SHEET 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 Signed by Helton, Shana on 05/09/23 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

Case: 23-60377 Document: 52 Page: 17 Date Filed: 10/02/2023 TAB 4: 88 FEDERAL REGISTER 30801

Case: 23-60377 Document: 52 Page: 18 Date Filed: 10/02/2023 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 hours0.00139 days <br />0.0333 hours <br />1.984127e-4 weeks <br />4.566e-5 months <br /> and, as a result, an receive, possess, store, and transfer average annual burden of 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br />. 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 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />. 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 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

Case: 23-60377 Document: 52 Page: 19 Date Filed: 10/02/2023 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.

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

Case: 23-60377 Document: 52 Page: 20 Date Filed: 10/02/2023 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 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