ML21348A050

Response to DOE-ICP on Idaho Spent Fuel Facility License Extension

ML21348A050
Person / Time
Site:	07200025
Issue date:	02/11/2022
From:	Shana Helton Division of Fuel Management
To:	Wahnschaffe S US Dept of Energy (DOE)
K BANOVAC NRC/NMSS/DFM/STLB 3014157116
References
CAC 001028, EPID L-2019-LRM-0080
Download: ML21348A050 (6)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 11, 2022 Mr. Steven D. Wahnschaffe DOE NRC Programs License Manager U.S. Department of Energy Idaho Cleanup Project 1955 Fremont Avenue Idaho Falls, ID 83415

SUBJECT:

RESPONSE TO U.S. DEPARTMENT OF ENERGY REGARDING IDAHO SPENT FUEL FACILITY LICENSE EXPIRATION DATE EXTENSION (CAC/EPID NOS. 001028/L-2019-LRM-0080)

Dear Steven Wahnschaffe:

By letter dated January 19, 2021, the U.S. Department of Energy, Idaho Cleanup Project (DOE-ICP) notified the U.S. Nuclear Regulatory Commission (NRC) of the DOE-ICP planned license extension strategy for the Idaho Spent Fuel Facility (ISFF) License No. SNM-2512 (Agencywide Documents Access and Management System {ADAMS} Accession No. ML21048A151). The NRC staff appreciates the early communication regarding DOE-ICPs expected licensing request for the ISFF, as communicated in your January 19, 2021, letter and the July 16, 2020, pre-application meeting (ADAMS Accession No. ML20230A197).

The ISFF is licensed under NRCs requirements for spent fuel storage, in Title 10 of the Code of Federal Regulations (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. License No. SNM-2512 was issued on November 30, 2004, for a 20-year period, and is set to expire on November 30, 2024. The ISFF has not been constructed or operated. This is the first 10 CFR Part 72 license for a facility that has not been constructed or operated that is set to expire.

At the time ISFF was licensed, the regulation in 10 CFR 72.42, Duration of license; renewal, allowed initial license terms of up to 20 years. In 2011, the NRC amended § 72.42 to increase the initial license terms and renewal terms from not to exceed 20 years to not to exceed 40 years. Your letter presented an approach to change the current initial license term for the ISFF from 20 years to 40 years via a license amendment, resetting the initial license expiration date to November 30, 2044. Under such an approach, DOE-ICP would submit a license amendment request (LAR) under 10 CFR 72.56, Application for amendment of license.

Changing the initial license term from 20 years to 40 years via a license amendment under the 10 CFR Part 72 regulations appears to be a viable licensing option.

S. Wahnschaffe 2 As was discussed in the July 16, 2020, pre-application meeting, renewing the license term an additional 20 years via a license renewal request under the 10 CFR Part 72 regulations also appears to be a viable licensing option. The provisions in the § 72.42 regulation allow licenses to be renewed by the NRC at the expiration of the license term upon application by the licensee for a period not to exceed 40 years.

There are NRC review process similarities for either a license amendment or license renewal, including noticing an opportunity for hearing and conducting an environmental review under the National Environmental Policy Act and 10 CFR Part 51. Under either a license amendment or license renewal approach, the application should be clear regarding the scope of the request and how it impacts the current 20-year licensing bases. For example, a LAR should be clear in explaining where the current 20-year licensing bases remain unchanged versus where there is new or updated environmental information, technical information, or safety analysis that supports the LAR. A clear application scope, particularly in the case of a LAR, is important for the NRC staffs technical and environmental reviews and for the opportunity for hearing that will be provided regarding the proposed licensing action. The NRC staffs review of either a LAR or a license renewal application will include a technical review to determine if the materials performance of any existing structures, systems, and components and the spent fuel contents is adequately addressed for an additional 20 years. The NRC staff expects that the NRC review cost would be similar between a LAR or license renewal application.

Finally, the NRC staff encourages DOE-ICP to carefully consider the timing of its submittal.

Under the NRC staffs current workload prioritization, the review of either a LAR or a license renewal application for the ISFF would be prioritized as a routine licensing activity and would be subject to the 10 CFR Part 72 review metric of three years. Per 10 CFR 72.54, Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas, each license expires at the end of the day on the license expiration date except when a licensee has filed an application for renewal pursuant to 10 CFR 72.42 not less than two years before the expiration of the existing license. Specifically, the regulation in 10 CFR 72.42(c) provides timely renewal protection to licensees that submit sufficient license renewal applications at least two years before the expiration of the existing license. This timely renewal protection only applies to license renewal applications submitted under 10 CFR 72.42.

There is no similar protection under either the timely renewal provisions in NRC regulations or the Administrative Procedure Act, 5 U.S.C. § 558(c), for a LAR submitted under 10 CFR 72.56.

Should DOE-ICP seek to avoid the expiration of the license, DOE-ICP should consider the need for any exemptions associated with either of the licensing approaches described above (i.e., so that the license will not expire if the NRC review of the LAR continues after the current expiration date, or if DOE-ICP instead submits a license renewal application after the 2-year timely renewal date of November 30, 2022). The NRC staff would consider the criteria in 10 CFR 72.7, Specific exemptions, in determining whether to approve any requested exemption.

S. Wahnschaffe 3 Please continue to keep the NRC staff apprised of your licensing plans and schedule as you move forward. The NRC staff encourages pre-application discussions to ensure a mutual understanding of DOE-ICPs planned path forward and the associated regulatory implications.

Please reference Docket No. 72-25 and CAC/EPID Nos. 001028/L-2019-LRM-0080 in future correspondence related to this request. If you have any questions regarding this matter, please contact me at 301-287-9104 or Kristina Banovac of my staff at 301-415-7116 or Kristina.Banovac@nrc.gov.

Sincerely, Signed by Helton, Shana on 02/11/22 Shana R. Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 72-25 License No. SNM-2512 CAC/EPID Nos. 001028/L-2019-LRM-0080 cc: Service List

S. Wahnschaffe 4

SUBJECT:

RESPONSE TO U.S. DEPARTMENT OF ENERGY REGARDING IDAHO SPENT FUEL FACILITY LICENSE EXPIRATION DATE EXTENSION (CAC/EPID NOS. 001028/L-2019-LRM-0080) DOCUMENT DATE:

February 11, 2022 DISTRIBUTION:

NMSS/DFM r/f NMSS_DFM_STLB Distribution NMSS_DFM_MSB Distribution CRegan, NMSS GMiller, NMSS JWeil, NMSS TTerry, NMSS HGonzalez, NMSS AMoreno, OCA LBrookhart, RIV ESimpson, RIV GWarnick, RIV ADAMS Accession Number: ML21348A050 OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/MSB NMSS/DFM/STLB NAME KBanovac WWheatley TBoyce YDiaz-Sanabria DATE 12/14/2021 12/14/2021 12/14/2021 01/13/2022 OFFICE OGC NMSS/DFM NAME ACoggins SHelton DATE 02/03/2022 02/11/2022 OFFICIAL RECORD COPY

cc: Idaho Falls, ID 83404 Mr. Steven Ahrendts Snake River Alliance DOE NRC Licensed Facility Director Beatrice Brailsford U.S. Department of Energy Nuclear Program Director Idaho Cleanup Project PO Box 1731 1955 Fremont Ave., MS-1222 Boise, ID 83701 Idaho Falls, ID 83415 Mr. Mark Clough Mr. Steven Wahnschaffe INL Oversight Coordinator DOE NRC Programs License Manager DEQ State Office U.S. Department of Energy 1410 N. Hilton Idaho Cleanup Project Boise, ID 83706 1955 Fremont Ave., MS-1222 Idaho Falls, ID 83415 Chairman INL Committee Mr. David Bland Idaho Falls Chamber of Commerce Program Manager for NRC Programs 365 River Pkwy Spectra Tech Inc. Idaho Falls, ID 83402 1955 Fremont Ave.

Idaho Falls, ID 83401 Mr. Chuck Broscious Environmental Defense Institute Mr. John Scaglione P.O. Box 220 Business Manager for NRC Programs Troy, ID 83871-0220 Spectra Tech Inc.

132 Jefferson Court Mr. Bruce LaRule Oak Ridge, TN 37830 State of Idaho INL Oversight Program 900 N. Skyline Drive, Suite C Mr. David R. Einan Idaho Falls, ID 83402 U.S. EPA Region 10 Hanford/INL Project Office Mr. Herb Bohrer 825 Jadwin Ave., Suite 210 Chair, Citizens Advisory Board Richland, WA 99352 c/o Ms. Jordan Davies North Wind The Honorable Blaine Edmo 1425 Higham Street Chairman, Fort Hall Business Council Idaho Falls, ID 83402 Shoshone-Bannock Tribes P. O. Box 306 Chairman Fort Hall, ID 83203 INL EM Site Specific Advisory Board c/o Lori MacNamara Ms. Talia Martin North Wind Group Director, Tribal DOE Program 1425 Higham St.

Shoshone-Bannock Tribes Idaho Falls, ID 83402 P.O. Box 306 Fort Hall, ID 83203 NRC Liaison State of Idaho INL Oversight Program Mr. John Tanner 900 N. Skyline Drive, Suite C Coalition 21 Idaho Falls, ID 83402 2175 Tasman Ave

Ltr ML21348A050 OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/MSB NMSS/DFM/CTCFB NAME KBanovac KB WWheatley WW TBoyce TB YDiaz-Sanabria YD DATE Dec 14, 2021 Dec 14, 2021 Dec 14, 2021 Jan 13, 2022 OGC/GCRPS OFFICE NMSS/DFM/STLB NMSS/DFM

/HLWFCNS/NLO ACoggins NAME KBanovac KB SHelton SH KRoach for KR DATE Feb 3, 2022 Feb 3, 2022 Feb 11, 2022