ML24267A239

Letter to E. C. Allison from Carrie M. Safford, Responds to Letter of September 10, 2024, Concerning Issuance of Licenses for Consolidated Interim Storage Facilities

ML24267A239
Person / Time
Site:	Consolidated Interim Storage Facility, HI-STORE
Issue date:	09/23/2024
From:	Carrie Safford NRC/SECY
To:	Allison E Public Citizen
Shared Package
ML24256A198	List: ML24256A199 ML24267A239
References
Download: ML24267A239 (1)

Text

SECRETARY E. C. Allison 13170-B Central Ave. SE, PMB #113 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 23, 2024 Albuquerque, New Mexico 87123

SUBJECT:

LETTER OF SEPTEMBER 10, 2024, CONCERNING ISSUANCE OF LICENSES FOR CONSOLIDATED INTERIM STORAGE FACILITIES

Dear E.C. Allison:

This letter responds to your letter of September 10, 2024, to John Lubinski, Director of the Nuclear Regulatory Commission (NRC)'s Office of Nuclear Material Safety and Safeguards.

In your letter, you assert that the NRC should not have issued materials licenses Nos. SNM-2515 (to Interim Storage Partners, LLC (ISP)) and SNM-2516 (to Holtec International (Holtec))

because the licenses were not supported by the issuance of a "legal" environmental impact statement, as required by the National Environmental Policy Act (NEPA).

Under the Atomic Energy Act, persons may request a hearing in which they raise objections to issuance of an NRC license. Such objections may include contentions that the agency has failed to comply with NEPA See 10 C.F.R. § 2.309(f)(2). Absent a demonstration of good cause, such contentions must be filed within 60 days of publication of notice of the license application in the Federal Register. 10 C.F.R. § 2.309(b), (c). The period for submitting timely contentions challenging the issuance of licenses to ISP and Holtec expired in March 2017 and September 2018, respectively.

You did not submit contentions to the agency challenging issuance of the licenses, and your letter does not refer to any good cause for raising contentions after the deadlines. Moreover, the licenses were issued in 2021 and 2022. As a result, the arguments you raise in your letter challenging issuance of the licenses are untimely. In any event, the licenses have since been vacated by the United States Court of Appeals for the Fifth Circuit. As a result, at this time there is no action for the agency to take to remedy any asserted noncompliance with NEPA We note, however, that, in the event that the licenses are reinstated as a consequence of future action by the United States Supreme Court, persons may seek an order from the agency pursuant to 10 C.F.R. § 2.206 to modify, suspend, or revoke the licenses as appropriate.

Finally, in your letter you refer to the possibility of misconduct by NRC employees and/or NRC contractors. Accordingly, a copy has been forwarded to the Office of the Inspector General for appropriate action.

E. Please feel free to contact me about the foregoing should you require more information.

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Carrie M. Safford Secretary of the Commission