ML18072A323

LTR-18-0062-1 - Oedo Ticket: Sen. Cisco Mcsorley Et Al. New Mexico State Senate, Ltrs Adequate Time for New Mexico Legislatures and State Agencies to Examine Potential Impacts and Policy Recommendations for Consolidations Interim High-Level

ML18072A323
Person / Time
Site:	HI-STORE
Issue date:	03/23/2018
From:	McCree V M NRC/EDO
To:	Campos P, Lopez L M, McSorley C, Pinto J, Shendo B, Steinborn J, Stewart M, Tallman B State of NM, Senate, US Congress, US SEN (Senate)
Cuadrado J R
Shared Package
ML18052A581	List: ML18072A323
References
LTR-18-0062-1
Download: ML18072A323 (120)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Cisco McSorley New Mexico State Senate 415 Wellesley Place NE Albuquerque, NM 87106

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. McSorley:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

C. McSorley 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

C. McSorley 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Gerald Ortiz y Pino New Mexico State Senate

400 12th Street NW Albuquerque, NM 87102

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Ortiz y Pino:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

G. Ortiz y Pino 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

G. Ortiz y Pino 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Jeff Steinborn New Mexico State Senate PO Box 562 Las Cruces, NM 88004

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Steinborn:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

J. Steinborn 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

J. Steinborn 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Bill Tallman New Mexico State Senate 5909 Canyon Pointe Court Albuquerque, NM 87111

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Tallman:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

B. Tallman 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

B. Tallman 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Pete Campos New Mexico State Senate

418 Raynolds Avenue Las Vegas, NM 87701

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Campos:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

P. Campos 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

P. Campos 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Linda M. Lopez New Mexico State Senate

9132 Suncrest SW Albuquerque, NM 87121

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Lopez:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

L. Lopez 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

L. Lopez 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable John Pinto New Mexico State Senate 509 W Morgan Avenue Gallup, NM 87301

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Pinto:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

J. Pinto 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

J. Pinto 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Benny Shendo, Jr. New Mexico State Senate PO Box 634 Jemez Pueblo, NM 87024

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Shendo:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

B. Shendo, Jr. 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

B. Shendo, Jr. 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Mimi Stewart New Mexico State Senate

313 Moon Street NE Albuquerque, NM 87123

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Stewart:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

M. Stewart 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

M. Stewart 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Stephanie Garcia Richard New Mexico House of Representatives PO Box 4657 Los Alamos, NM 87544

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Garcia Richard:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

S. Garcia Richard 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

S. Garcia Richard 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable D. Wonda Johnson New Mexico House of Representatives PO Box 982 Church Rock, NM 87311

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Johnson:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

D.W. Johnson 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

D.W. Johnson 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable G. Andrés Romero New Mexico House of Representatives 4503 Valley Park Drive SW Albuquerque, NM 87105

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Romero:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

G.A. Romero 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

G.A. Romero 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Deborah A. Armstrong New Mexico House of Representatives 2015 Dietz Place NW Albuquerque, NM 87107

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Armstrong:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

D. Armstrong 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

D. Armstrong 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Sheryl Williams Stapleton New Mexico House of Representatives Box 25385 Albuquerque, NM 87125

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Williams Stapleton:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

S Williams Stapleton 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

S Williams Stapleton 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Christine Trujillo New Mexico House of Representatives

1923 Madeira Drive NE Albuquerque, NM 87110

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Trujillo:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

C. Trujillo 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

C. Trujillo 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Angelica Rubio New Mexico House of Representatives PO Box 2155 Las Cruces, NM 88004

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Rubio:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

A. Rubio 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

A. Rubio 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Eliseo Lee Alcon New Mexico House of Representatives PO Box 2134 Milan, NM 87021

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Alcon:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

E. Alcon 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

E. Alcon 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Antonio Maestas New Mexico House of Representatives 5818 Jones Place NW Albuquerque, NM 87120

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Maestas:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

A. Maestas 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

A. Maestas 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Gail Chasey New Mexico House of Representatives

508 Morningside Drive SE Albuquerque, NM 87108

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Chasey:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

G. Chasey 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

G. Chasey 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Debra M. Sarinana New Mexico House of Representatives 825 Claudine Street NE Albuquerque, NM 87123

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Sarinana:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

D. Sarinana 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

D. Sarinana 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Georgene Louis New Mexico House of Representatives PO Box 72123 Albuquerque, NM 87195

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Louis:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

G. Louis 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

G. Louis 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Derrick J. Lente New Mexico House of Representatives

70 Kuaua Street Sandia Pueblo, NM 87004

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Lente:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

D. Lente 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

D. Lente 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Matthew McQueen New Mexico House of Representatives

7 Avenida Vista Grande B7-120 Santa Fe, NM 87508

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. McQueen:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

M. McQueen 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

M. McQueen 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Miguel P. Garcia New Mexico House of Representatives

1118 La Font Road SW Albuquerque, NM 87105

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Garcia:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

M. Garcia 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

M. Garcia 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Patricio Ruiloba New Mexico House of Representatives 3917 Camino Alameda SW Albuquerque, NM 87105

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Ruiloba:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

P. Ruiloba 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

P. Ruiloba 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Harry Garcia New Mexico House of Representatives PO Box 226 Grants, NM 87020

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Garcia:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

H. Garcia 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

H. Garcia 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Patricia Roybal Caballero New Mexico House of Representatives PO Box 72574 Albuquerque, NM 87195

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Roybal Caballero:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

P. Roybal Caballero 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

P. Roybal Caballero 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Tomás E. Salazar New Mexico House of Representatives PO Box 66 Las Vegas, NM 87701

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. Salazar:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

T. Salazar 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

T. Salazar 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Doreen Y. Gallegos New Mexico House of Representatives 4301 Summit Lane Las Cruces, NM 88011

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Ms. Gallegos:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

D. Gallegos 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

D. Gallegos 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 23, 2018 The Honorable Bill McCamley New Mexico House of Representatives PO Box 458 Mesilla Park, NM 88048

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051

Dear Mr. McCamley:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated February 10, 2018, in which you requested the NRC extend the public comment scoping period for the Holtec International proposed Consolidated Interim Storage Facility (CISF). Your letter explained that the typical 45-day comment period would conclude before the New Mexico Legislature has had the opportunity to hold public hearings, receive expert testimony, get citizen input, and make scoping recommendations. Your letter requested that the NRC leave the scoping comment period open until after the end of your full legislative session in 2019, to allow the New Mexico Legislature and State agencies an opportunity to fully review critical issues in the appropriate legislative interim committees and make policy recommendations that can be included as scoping comments.

The NRC's mission is to ensure adequate protection of the public health and safety; as such, the protection of the people near the facility is essential to our agency mission. Consistent with that mission, the NRC will not issue a license for a CISF unless and until the NRC staff has completed its detailed safety, security, and environmental reviews, and the applicant is able to demonstrate that the facility can meet all applicable NRC regulations and statutory requirements, including the Atomic Energy Act of 1954, as amended. The NRC staff estimates this review process will take approximately three years.

The NRC has an established regulatory process for developing environmental impact statements (EIS) consistent with its principles of good regulation, which include openness and transparency in the conduct of licensing activities. The NRC's regulations in Part 51 of Title 10

of the Code of Federal Regulations (10 CFR Part 51) govern this process and implement Section 102(2) of the National Environmental Policy Act of 1969. Our process provides opportunities for the public to comment and participate in various elements of the environmental review process. The first opportunity for public involvement and input is during the scoping period, as the NRC staff solicits external stakeholder input on the matters identified in 10 CFR 51.29, including the issues to be analyzed in depth during the agency's environmental review. The first opportunity for public input with respect to this licensing action will be during the 60-day comment period for the scoping process.

B. McCamley 2 The NRC staff has considered your request that the scoping period be extended until the end of your next full legislative session, which will begin in 2019. However, the agency has an obligation to the public and the regulated community to make timely regulatory decisions. The NRC staff will not start its detailed technical re view until all the comments from scoping have been reviewed and considered. Extending the scoping period until the close of your legislative session would cause a corresponding delay in our licensing review of more than one year and would not be commensurate with a timely regulatory decision-making process. Accordingly, the NRC staff has decided not to extend its scoping period per your request.

The NRC's scoping process is intended to be incl usive. The NRC staff is planning to hold scoping meetings and open houses in communities near the proposed site of the CISF to encourage public participation and gather as much information as possible. Further, a webinar will be conducted to provide an opportunity for stakeholders who are unable to attend the local meetings to receive information on the proposed facility, and also provide oral comments to the NRC through the webinar. The NRC staff will capture all of the oral comments received during those meetings. Written comments from the public will be accepted as well, and can be submitted electronically or during the meetings. Spanish translators will be available at the meetings to ensure the Hispanic community in the region has a meaningful opportunity to provide comments and ask questions of the NRC staff. All scoping meetings will be announced in the Federal Register and will also be announced on the NRC's website, social media, via press release, and other communication vehicles, such as local media, to encourage public participation.

The conclusion of the scoping process will not limit other meaningful opportunities for the NRC to benefit from the involvement of the New Mexico State Legislature. Importantly, both the legislature and the public will have additional opportunities to participate in the NRC's environmental review process when the staff publishes the draft EIS for public comment. The staff anticipates the draft document to be available for public comment no sooner than the summer of 2019. Thus, we expect this to occur after your next legislative session. The NRC staff will actively seek comments on the draft EIS by conducting public meetings in the local area of the proposed facility to solicit comments on its draft report.

Finally, let me inform you that the NRC staff has accepted Holtec's CISF application for docketing. Acceptance for docketing does not constitute approval of the license, but initiates the detailed safety, security, and environmental reviews. If you would like to discuss any of these matters, please contact John McKirgan, Chief of the Spent Fuel Licensing Branch, at (301) 415-5722.

Sincerely,

/RA by Daniel H. Dorman for/

Victor M. McCree Executive Director for Operations

B. McCamley 3

SUBJECT:

HOLTEC INTERNATIONAL'S APPLICATION FOR A CONSOLIDATED INTERIM SPENT FUEL STORAGE FACILITY LICENSE, DOCKET NO. 72-1051, DOCUMENT DATE: March 23, 2018

DISTRIBUTION: SFM Reading File JWhitten, RIV JCaverly CRoman G:\SFST\McKirgan\NM Legislator Response Letters - Consolidated.docx

ADAMS ACCESSION NO. ML18072A323 LTR-18-0062-1 OFC: SFM SFM FCSE OGC NAME: JMcKirgan WWheatley via e-mail CRoman via e-mail JBielecki via e-mail DATE: 3/13/18 3/13/18 3/13/18 3/13/18 OFC: SFM NMSS OEDO NAME: MLayton MDapas VMcCree DDorman for DATE: 3/14/18 3/16/18 3/23/18 OFFICIAL RECORD COPY