ML19113A262

Ltr to B.Barcena, Chairman of Lipan Apache Tribe of Texas, to Request Interest in Nhpa Section 106 Consultation for the ISP Cisf License Application

ML19113A262
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	05/06/2019
From:	Mark King Division of Fuel Cycle Safety, Safeguards, and Environmental Review
To:	Barcena B Lipan Apache Tribe of Texas
Park J
Shared Package
ML19113A226	List: ML19113A262 ML19113A263
References
Download: ML19113A262 (2)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 6, 2019 Mr. Bernard Barcena, Jr., Chairman Lipan Apache Tribe of Texas P.O. Box 5218 McAllen, Texas 78502

SUBJECT:

NOTIFICATION OF INTERIM STORAGE PARTNERS LLCS PROPOSED CONSOLIDATED INTERIM STORAGE FACILITY FOR SPENT NUCLEAR FUEL, ANDREWS COUNTY, TEXAS (DOCKET NUMBER: 72-1050)

Dear Chairman Barcena:

The U.S. Nuclear Regulatory Commission (NRC) received a license application from Waste Control Specialists LLC (WCS), on April 28, 2016, to construct and operate a consolidated interim storage facility (CISF) for spent nuclear fuel, in Andrews County, Texas. On January 26, 2017, NRC found the WCS application acceptable for detailed technical review. On April 21, 2017, WCS requested a temporary suspension of NRCs review of the license application.

On June 8, and July 19, 2018, Interim Storage Partners LLC [ISP] (a joint partnership between WCS and Orano USA) requested that NRC resume its review, and provided a revised license application. On August 21, 2018, the NRC staff determined that the revised application contained sufficient information for the NRC to resume its review. Maps showing the proposed project location are provided (Enclosure 1).

The NRC staff is preparing an Environmental Impact Statement (EIS) to document the NRCs independent evaluation of the potential effects on the human environment from the proposed action. The EIS will be prepared in accordance with the regulatory provisions in Title 10 of the Code of Federal Regulations Part 51, which implement the requirements of the National Environmental Policy Act of 1969, as amended (NEPA).

In accordance with 36 CFR Section 800.8 (Coordination with the National Environmental Policy Act), the NRC staff is using the NEPA process to comply with its obligations under Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA). The EIS will include analyses of potential impacts to historic and cultural resources.

By this letter, the NRC staff is notifying the Lipan Apache Tribe of Texas of ISPs CISF license application and asking about your Tribes interest in participating as a consulting party under Section 106 of the NHPA. Pursuant to 36 CFR Paragraph 800.2(c)(5), certain individuals and organizations with a demonstrated interest in the undertaking may participate as consulting parties due to the nature of their legal or economic relation to the undertaking or affected properties, or their concern with the undertaking's effects on historic properties.

The NRC staff requests that your Tribe indicate whether it has a determined interest in the undertaking and so requests participating as a consulting party by completing the enclosed form (Enclosure 2). The NRC staff respectfully requests that the form be returned soon, preferably within 30 days of your receipt of this letter, to further early engagement on historic and cultural resources as a benefit to the NHPA Section 106 consultation process.

B. Barcena, Jr. 2 You may also contact the NRC staff if you want to discuss concerns about the confidentiality of information that may be provided to the NRC. Please note that according to NRC policy, correspondence provided to the NRC, including emails, may be made publicly available.

Therefore, the NRC recommends that the Lipan Apache Tribe of Texas avoid including any information in its submission that tribal officials do not want to be publicly disclosed (e.g., personal email addresses).

For additional information, documents related to the ISP CISF application are available on the NRCs project webpage at: http://www.nrc.gov/waste/spent-fuel-storage/cis/waste-control-specialist.html. If you would like a copy of the application or any other publicly available project-related documents, please contact the NRC staff identified below.

If you have any questions or need any additional information regarding the proposed license application or the EIS process, please contact Mr. James Park by telephone at 301-415-6954, or via e-mail at: James.Park@nrc.gov.

Sincerely,

/RA For/

Michael F. King, Director Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards Docket No.: 72-1050

Enclosures:

1. Maps of the Proposed CISF Location

2. Tribal Response Form

B. Barcena, Jr. 3

SUBJECT:

NOTIFICATION OF INTERIM STORAGE PARTNERS LLCS PROPOSED CONSOLIDATED INTERIM STORAGE FACILITY FOR SPENT NUCLEAR FUEL, ANDREWS COUNTY, TEXAS (DOCKET NUMBER: 72-1050)

Dated: May 6, 2019 DISTRIBUTION:

ADAMS Package Accession Numbers: ML19113A226 *via email OFC NMSS/FSCE NMSS/FSCE NMSS/FSCE OGC NMSS/FSCE NAME JPark AWalker-Smith CRomán *SKirkwood* MKing DATE 05/02/2019 05/02/2019 05/06/2019 05/01/2019 05/06/2019 OFFICIAL RECORD COPY