ML20202C003
| ML20202C003 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 02/02/1998 |
| From: | External (Affiliation Not Assigned), SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20202B978 | List: |
| References | |
| ISFSI, NUDOCS 9802120140 | |
| Download: ML20202C003 (1) | |
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- Therefore, Congress was aware of the existence of 10 C.F.R. Part 72 when it enacted the NWPA. IIad Congress desired to prohibit the licensing of private, away-from-reactor fuel storage, it certainly could have done so. Congress, however, did not intend to prohibit the licensing of such facilities and did not so act.
In sum, the Commission has the authority to license a private, away from reactor ISFSI, as proposed by the applicant. The Commission's authority is derived from the AEA, which provides for the regulation of special nuclear material, source material, and byproduct material, which are contained in spent fuel. Part 72 of the Commission's regulations was promulgated as a lawful exercise of that authority. Tlle NWPA did nothing to impinge or limit the Commission's authority to license private, away-from-reactor fuel storage. Therefore, this contention should be rejected.
UTAH Contention B. License Needed for Intermodal Transfer Facility.
PFS's application should be rejected because it does not seek approval for receipt, transfer, and possession of spent nuclear fuel at the Rowley Junction Intermodal Transfer Point ("ITP"), in violation of 10 CFR i 72.6(c)(1).
Staff Response:
In this contention, the State of Utah asserts, in essence, that the Rowley Junction J
Intermodal Transfer Point ("ITP") -- a rail siding off the Union Pacific main rail line, with a
.150-ton gantry cran: and tractor / trailer yard -- is an integral part of the instant ISFSI application, and should therefore be treated as part of the ISFSI site (Utah Contentions at 10).
In support of this assertion, the State asserts that since the Applicant has not indicated it will be
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9802120140 980202 PDR ADOCK 07200022 C