ML22153A158

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Record Excerpts Jointly Designated by Parties (10th Cir.)(Case No. 21-9593)(Volume 2)
ML22153A158
Person / Time
Site: Consolidated Interim Storage Facility
Issue date: 05/26/2022
From: Andrew Averbach
NRC/OGC
To:
US Federal Judiciary, Court of Appeals, 10th Circuit
Shared Package
ML22153A144 List:
References
010110689264, 010110689267, 010110689273, 010110689276, 21-9593
Download: ML22153A158 (40)
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Text

Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 1 No. 21-9593 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT STATE OF NEW MEXICO, ex rel. HECTOR H. BALDERAS, Attorney General and the NEW MEXICO ENVIRONMENT DEPARTMENT, Petitioners, v.

NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, On Petition for Review of Action by the Nuclear Regulatory Commission RECORD EXCERPTS JOINTLY DESIGNATED BY PARTIES VOLUME 2 OF 4 ANDREW P. AVERBACH Solicitor Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 (301) 415-1956 andrew.averbach@nrc.gov

Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 2 TABLE OF CONTENTS In the table below, ID number refers to the entry number from the certified index of the record that the NRC filed on December 7, 2021. The numbers (if any) after the periods in the ID number column reflect the number of the document in the electronic package in which the document is stored in the NRCs ADAMS database. These numbers are printed on the bottom right of each page of these excerpts, along with a final number, after the last period, reflecting the page of the .pdf. Thus, page 5.34.1 is the first page of the thirty-fourth document within the ADAMS package associated with Record ID #5. Documents that are not in a package (i.e., that are standalone documents in ADAMS) simply have the ID number, followed by a period and the page number from the associated .pdf.

The entirety of these excerpts has also been separately paginated, beginning with page 1, with the page number appearing in the top right corner. The numbers in the Page column in the table below indicate the page on which each excerpted document begins.

ID number Title Page VOLUME 1 2 License application; withdrawal of notice of 1 opportunity to request a hearing (July 20, 2017) 3 Revised license application; opportunity to request a 4 hearing and to petition for leave to intervene; order imposing procedures (Aug. 29, 2018) 5.3 Waste Control Specialists, LLC, Application for a 10 License for a Consolidated Interim Spent Fuel Storage Facility (Apr. 28, 2016) 5.34 Waste Control Specialists, LLC, Consolidated Interim 13 Fuel Storage Facility Environmental Report, Rev. 0, Cover through Chapter 2 (Apr. 28, 2016)

Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 3 16 Transcript of Environmental Impact Statement - 16 Scoping Process 02/13/2017 Meeting (Feb. 13, 2017) 17 Transcript of Environmental Impact Statement - 18 Scoping Process 02/15/2017 Meeting (Feb. 15, 2017) 21 Transcript of Environmental Impact Statement - 20 Scoping Process 02/23/2017 Meeting (Feb. 23, 2017) 25.8 Waste Control Specialists, LLC's Revision 1 to License 22 Application to Construct and Operate a Consolidated Interim Storage Facility (CISF), Environmental Report, 01 of 27, Cover to Chapter 2 (Mar. 16, 2017) 25.9 Waste Control Specialists, LLC's Revision 1 to License 26 Application to Construct and Operate a Consolidated Interim Storage Facility (CISF), Environmental Report, 02 of 27, Chapter 3, 1 of 4 (March 16, 2017) 25.13 Waste Control Specialists, LLC's Revision 1 to License 28 Application to Construct and Operate a Consolidated Interim Storage Facility (CISF), Environmental Report, 06 of 27, Chapter 4, 1 of 4 (Mar. 16, 2017) 26 Transcript of Environmental Impact Statement - 29 04/06/2017 Public Scoping Meeting (Apr. 6, 2017)

VOLUME 2 31.2 Revision 2 to Application for Approval of the WCS 31 Consolidated Interim Spent Fuel Storage Facility (July 19, 2019) 77 Summary Report of Environmental Impact Statement 35 04/06/2017 Public Scoping Meeting (Oct. 31, 2019) 88.3 Environmental Report Revision 3, Part 1 (Feb. 17, 2000) 37 88.4 Environmental Report Revision 3, Part 2 (Feb. 17, 2000) 41 ii

Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 4 94 Federal Register Notice (May 8, 2020) 54 95.1 Submission of ISP Responses for RAIs and Associated 56 Document Markups from First Request for Additional Information, Parts 2, 3, and 4 (May 18, 2020) 100 Applicant response to request for additional 59 Information (June 11, 2020) 101 Applicant submittal of supplemental information 61 (July 21, 2020) 102 Application Revision 3 (Aug 24, 2020) 63 VOLUME 3 125 Final Environmental Impact Statement (July 2021) 65 VOLUME 4 Incorporated Generic Environmental Impact Statement for Continued 749 into R125 Storage of Spent Nuclear Fuel (September 2014) 128 Letter from Allan Kanner on behalf of Permian Basin 778 Coalition of Land and Royalty Owners and Operators and Fasken Land and Minerals, Ltd.

(Sept. 11, 2021) 129 Record of Decision (Sept. 13, 2021) 813 130.1 Transmittal Letter, Interim Storage Partners, Issuance of 819 Materials License SNM-2515, WCS Consolidated Interim Storage Facility ISFSI (Sept. 13, 2021) 130.2 License Preamble, Materials License SNM-2515 825 (Sept. 13, 2021) 130.3 Materials License SNM-2515 (Sept. 13, 2021) 827 131 Letter from William Grantham, Assistant Attorney 832 General (Sept. 13, 2021) iii

Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 5 132 Letter from James Kenney, Secretary, New Mexico 852 Environment Department (Sept. 14, 2021) 134 Public Final Safety Evaluation Report, Materials License 855 SNM-2515 (Sept. 30, 2021) 645 Comments of Gay Kernan (Feb. 11, 2017) 927 1295 Comments of Governor Michelle Lujan Grisham 929 (Nov. 3, 2020) 1386 Comments of New Mexico Environment Department 933 (Nov. 3, 2020) 1432 Comments of Teresa McDill (Oct. 15, 2020) 942 1484 Comments of Sarah Probst (Nov. 3, 2020) 947 iv

31 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 6 INTERIM STORAGE PARTNERS LLC LICENSE APPLICATION INTERIM STORAGE PARTNERS LLC DOCKET 72-1050 ANDREWS COUNTY, TEXAS 31.2.1

32 INTERIMCase:

Appellate STORAGE PARTNERS 21-9593 Document:LLC 010110689267 LA CHAPTER Date Filed: 05/26/2022 Page:1 7 LICENSE APPLICATION CHAPTER 1 GENERAL AND FINANCIAL INFORMATION 1.1 APPLICATION FOR LICENSE Interim Storage Partners LLC (ISP), a joint venture (JV) between Waste Control Specialists LLC and Orano CIS LLC, proposes to construct and operate a Consolidated Interim Storage Facility (CISF) at an away from reactor site located in Andrews County, Texas. The site is located on Texas Highway 176 West, approximately 32 miles west of Andrews, Texas (Figure 1-1).

Figure 1-1 Map Depicting the Location of the CISF in Andrews County, Texas.

The function of the CISF will be to store spent nuclear fuel and reactor-related Greater Than Class C (GTCC) Low-Level Radioactive Waste (LLRW) (both are collectively referenced henceforth as spent nuclear fuel or SNF) that has been used to generate electricity from commercial nuclear power reactors. The U.S. Department of Energy (DOE) or other holders of the title to SNF at commercial nuclear power facilities (SNF Title Holder(s)) will hold title to the Page 1-1 Revision 2 31.2.5

33 INTERIMCase:

Appellate STORAGE 21-9593 PARTNERS Document:LLC 010110689267 LA CHAPTER Date Filed: 05/26/2022 Page:1 8 LICENSE APPLICATION SNF during transportation to and from and while in storage at the CISF. The SNF will be delivered to the CISF by rail.

ISP will use multipurpose canisters in both the shipping casks and storage casks. No handling of bare spent nuclear fuel will occur at the CISF since operations will be restricted to handling of sealed canisters. ISP will operate the facility in a manner that minimizes the likelihood of transporting any externally contaminated canisters to the CISF. The canisters will be stored either in a horizontal or vertical configuration inside concrete storage casks, which will be stored on concrete pads inside the designated Protected Area.

This License Application for the proposed CISF has been prepared in accordance with 10 CFR 72 and the Regulatory Guide 3.50 titled, Standard Format and Content for a License Application to Store Spent Fuel and Radioactive Waste, Standard Format and Content for a Specific License Application for an Independent Spent Fuel Storage Installation or Monitored Retrievable Storage Facility, Rev. 2, September 2014. The License Application includes the technical information as required in 10 CFR 72, Subpart B. Additionally, the following documents are submitted herewith the License Application:

1. The License Application, including the Proposed Technical Specifications, Preliminary Decommissioning Plan, and Decommissioning Funding Plan, required pursuant to 10 CFR §72.26 and 10 CFR §72.30, respectively.
2. A Safety Analysis Report as required by 10 CFR §72.24.
3. The Emergency Plan required pursuant to 10 CFR §72.32.
4. The Environmental Report required as specified in 10 CFR §72.34 and 10 CFR §51.61.
5. Physical protection and safeguards information in accordance with 10 CFR 72, Subpart H, submitted separately as part of this license application to the NRC.

Operations at the originating commercial nuclear reactors in preparation or support of spent nuclear fuel shipments to the CISF are performed under the individual reactor licenses. Any changes to a reactor licensees facilities or procedures needed to accommodate these activities are the responsibilities of the individual reactor licensees and are not part of this License Application.

Page 1-2 Revision 2 31.2.6

34 INTERIMCase:

Appellate STORAGE21-9593PARTNERS Document:LLC010110689267 LA CHAPTER Date Filed: 05/26/2022 Page:1 9 LICENSE APPLICATION 1.6.1 Funding of Construction Activities The funding for constructing the CISF is expected to be primarily through future contracts for storage of SNF with the DOE or other SNF Title Holder(s). The funding may include a combination of debt financing, equity investments, and net income.

The location of the CISF is on land that has already been characterized and has access roads, electricity and water. Existing administration buildings, warehouses and other facilities already being used for non-CISF operations at the ISP joint venture member Waste Control Specialists facilities can supplement the CISF buildings and construction projects as needed. New construction is expected to include a rail side track, a Cask Handling Building and a Security and Administration Building. The storage pads and related storage systems will be constructed, as they are needed, to reduce the initial construction costs. The Electric Power Research Institute estimated cost for construction of the CISF that will be used to store 5,000 MTU is approximately $170 million.

1.6.2 Funding of Operating Activities Waste Control Specialists currently operates a facility that treats, stores and disposes of hazardous wastes and LLRW licensed by the TCEQ. The existing facility has operations and administrative personnel, licensing, environmental monitoring and compliance programs, health and safety programs, health physics, insurance policies and financial assurance mechanisms and other programs in place that have been approved by cognizant regulatory authorities as would be required of any similar facility. Many of these same activities and related costs would also be required of a CISF and will be available to ISP. The historical operating costs for the existing facility provide a reasonable estimate of the fixed costs of operating the CISF since both programs are similar based on Waste Control Specialists experience of constructing and operating radioactive waste treatment, storage, and disposal facilities.

The incremental additional costs of the CISF will be due mainly to variable costs and costs attributable to a general increase in operating activities. Variable costs will include labor, construction costs, canister overpacks, equipment costs, and other similar costs.

ISP also expects additional licensing and regulatory costs.

Page 1-6 Revision 2 31.2.10

35 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 10 Environmental Impact Statement Scoping Process Summary Report The ISP CISF Environmental Impact Statement Public Scoping Period October 2019 U.S. Nuclear Regulatory Commission Rockville, Maryland 77.1

36 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 11 B.6.4 Assumptions - Legal Framework of the Proposed CISF The NRC staff received numerous comments regarding the legality of licensing an interim storage facility. Several commenters noted that under current Federal law (i.e., the Nuclear Waste Policy Act of 1982, as amended), SNF is prohibited from transport and storage at an interim storage facility. One commenter stated that the government, rather than a private company, should administer all nuclear storage after the utilities relinquish control. Another commenter recommended that the NRC amend 10 CFR Part 72 to address any potential differences in personnel resources, equipment, and emergency preparedness.

Response: The NRC has previously licensed a consolidated (away-from-reactor) interim spent fuel storage installation, and NRC regulations allow for licensing private away-from-reactor interim spent fuel installations under 10 CFR Part 72. The NRC allows licensed private transportation of spent fuel. For more information on the NRCs regulation of spent fuel transportation, see https://www.nrc.gov/waste/spent-fuel-transp.html. Issues relating to title to spent fuel are primarily outside the scope of this EIS because who holds title will likely not influence the environmental impacts of the proposed action. The comment that the government rather than a private company should administer nuclear storage is a matter of policy and is outside the scope of this EIS.

Comments: (1-18-6) (2-5-2) (2-8-3) (2-31-2) (3-2-3) (3-2-6) (3-12-7) (3-13-6) (3-31-1) (6-1)

(28-21) (55-4) (134-12) (139-1) (139-3) (139-26) (160-1) (165-6) (165-30) (415-4) (425-1)

(434-3) (436-8) (444-3) (467-1) (502-17) (511-2) (523-6) (525-7) (528-11) (539-23) (540-2)

(545-25) (547-2) (549-2) (557-7) (557-9) (634-2) (803-4) (819-5) (819-14)

B.7 Comments Concerning Alternatives B.7.1 Alternatives - Other The NRC staff received several comments containing suggestions for alternatives to a consolidated interim storage facility for SNF (the proposed action) to be analyzed in the EIS.

The comments included the use of lasers, onsite vitrification, solar and lunar disposal, and reprocessing as suggested methods for disposal or treatment of SNF. One commenter suggested selling SNF to foreign governments. Another commenter suggested different rock types for safe storage.

Response: For the purpose of the NRC environmental review of the proposed action, only alternatives that are considered reasonable or feasible and that would meet the purpose and need will be analyzed in the EIS. While some suggested alternatives are innovative, only those alternatives that are currently available are considered reasonable or feasible. Additional comments related to alternatives that are out of scope are in Section B.30 [Out of Scope]. For information on the scope of the proposed action see Section B.4 [Proposed Action]. Additional comments on alternatives can be found in a separate response within this section of the report.

Comments: (2-14-5) (3-18-1) (4-2-1) (8-1) (13-2) (172-1) (185-2) (187-1) (250-2) (270-2)

(412-2) (412-20) (412-21) (449-1) (459-2) (480-2) (534-1) (625-1) (636-1) (689-1) (703-1)

(773-1) (813-1)

B-17 77.35

37 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 12 WCS Consolidated Interim Spent Fuel Storage Facility Environmental Report (Public Version)

Docket Number 72-1050 Revision 3 88.3.1

38 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 13 INTERIM STORAGE PARTNERS LLC CHAPTER 1 ENVIRONMENTAL REPORT The U.S. Congress enacted the NWPA of 1982 charging the DOE with developing a geologic repository for the disposal of SNF generated by commercial nuclear power plants located throughout the U.S. In 1987, Congress amended the NWPA to streamline and focus waste management on developing the geologic repository at Yucca Mountain, located in Nye County, Nevada. Pursuant to the NWPA, the DOE was responsible for licensing Yucca Mountain with operations beginning on January 31, 1998.

On July 23, 2002, President George W. Bush approved Congressional legislation designating Yucca Mountain as the final geologic repository intended for the disposal of commercial SNF and high level waste generated by the federal government. The DOE submitted a license application to the NRC for authorization to construct and operate Yucca Mountain. The NRC reviewed the license application and issued a series of Safety Evaluation Reports addressing the long-term environmental performance of Yucca Mountain. However, much uncertainty remains as to whether or not the facility will open and begin accepting commercial SNF or high level waste for disposal.

In January 2010, President Barack Obama established the Blue Ribbon Commission on Americas Nuclear Future. The Commission was directed by the Secretary of Energy to conduct a comprehensive review of policies for managing the back end of the nuclear fuel cycle and to recommend a new strategy. On January 26, 2012, the Blue Ribbon Commission issued a final report consisting of eight key recommendations. Of paramount importance to this licensing action was the Blue Ribbon Commissions recommendation to adopt a new consent-based approach to siting future nuclear waste management facilities in order to initiate prompt efforts to develop one or more consolidated storage facilities .

Development of the CISF has strong support from the state, regional, and local communities located in west Texas. In March 2014, Texas Governor Rick Perry called for a Texas solution for SNF generated at 6 reactor sites located in the state . On September 19, 2014, the Texas Radiation Advisory Board also issued a position stating it is in the states best interest to request that the federal government consider Texas as a CISF site . On January 20, 2015, the Andrews County Commissioners unanimously approved a resolution in support of establishing an Independent Spent Fuel Storage Installation (ISFSI) in Andrews County, Texas, for the consolidated interim storage of SNF and high level radioactive waste (Attachment 1-1).

Page 1-3 Revision 3 88.3.19

39 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 14 INTERIM STORAGE PARTNERS LLC CHAPTER 2 ENVIRONMENTAL REPORT their area. This resulted in the identification of four counties in two states that were subjected to a rigorous two-tier screening process evaluating 15 criteria ranging from local political support and land availability to operational considerations and environmental impacts. Ultimately, this process resulted in the identification of Andrews County, Texas as the site for the Proposed Action. The other Location Alternatives were eliminated from detailed analysis. Details are provided in this section.

2.3.1 Site Selection Process: Region of Interest The site selection process was initiated pursuant to NEPA by identifying seven states located in the more arid western regions of the U.S. The states considered included Arizona, California, Colorado, Nevada, New Mexico, Texas, and Utah. ISP believes that selecting states with sparsely populated areas and relatively arid climates was an important step in the site selection process due to many of the concerns about storage of SNF previously raised by people in more densely populated areas. ISP also believes that a CISF should only be located in a state that has voiced its support for hosting such a facility. Of these seven states, only stakeholders in New Mexico and Texas have expressed an interest in hosting a CISF within their borders.

In March 2014, Texas Governor Rick Perry stated his support for siting a CISF in Texas. He directed the TCEQ to prepare a report addressing the challenges posed by the presence of SNF and other High Level Waste currently stored at the four commercial nuclear power reactors in Texas. On March 28, 2014, Governor Perry, in a letter to Lieutenant Governor David Dewhurst, voiced his support for storing SNF in Texas . He also forwarded the report prepared by the TCEQ entitled, Assessment of Texas High Level Radioactive Waste Storage Options . The TCEQ recognized thatwhile SNF currently stored in Texas is safeit is not an adequate long-term solution and that a program needed to be established in a community that was willing to host such a facility . The TCEQ suggested that in looking at how to successfully site a facility, one should take into account current successfully sited and built radioactive waste disposal facilities such as the Waste Isolation Pilot Plant in New Mexico for transuranic waste and the Low Level Radioactive Waste Facility in Texas.

On April 10, 2015, New Mexico Governor Susana Martinez voiced her support for a consent-based approach to locate a CISF in southeastern New Mexico, Attachment 2-1 . She stated that such a facility was necessary given that millions of dollars of taxpayer funds were currently being spent on monitoring and oversight of SNF each year, and millions more were expended in Page 2-10 Revision 3 88.3.44

40 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 15 INTERIM STORAGE PARTNERS LLC CHAPTER 2 ENVIRONMENTAL REPORT Thus, based on a consideration of the available design and location alternatives, only the No Action and Proposed Action alternatives were carried forward for detailed analysis; all other alternatives were eliminated from detailed analysis. Table 2.5-1 provides a summary of the operational, environmental, and state and community support factors for the No Action, Proposed Action, and alternatives eliminated from detailed analysis.

Table 2.5-1 Comparison of the No Action Alternative, Proposed Action Alternative, and Alternatives Eliminated from Detailed Analysis Alternative Operational Environmental State and Community Impacts Impacts Support Considerations Considerations No Action Would need to Would need to Each site would need license each site to analyze community support; goes store spent fuel environmental against recommendations of onsite until a aspects at each site the Presidents Blue Ribbon Alternatives to be permanent repository Commission is opened Proposed Scored highest with Scored highest with Has state and community Analyzed Action: 174.0 185.3 support to construct and Andrews operate the CISF County, TX Design Information Information Lacks state and community Alternative unavailable, could unavailable, could not support; has support of SVBG Alternatives Eliminated from Detailed not be assessed be assessed Location License was License was BLM does not support; State of Alternative: authorized by the authorized by the Utah government and senators PFS, Utah NRC NRC do not support Location Lowest score with Lowest score with Has state and local support Alternative: 78.9 163.5 Analysis Loving, TX Location Scored third highest Scored third highest Has state and local support Alternative: with 157.6 with 166.9 Lea, NM Location Scored second Scored second Has state and local support Alternative: highest with 161.4 highest with 168.9 Eddy, NM Page 2-64 Revision 3 88.3.98

41 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 16 INTERIM STORAGE PARTNERS LLC ATTACHMENT 1-1 ENVIRONMENTAL REPORT ATTACHMENT 1-1 LETTERS Page A1-1-1 Revision 3 88.4.1

42 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 17 IN THE COMMISSIONERS COURT OF ANDREWS COUNTY, TEXAS A resolution in support of establishing a site in Andrews County for consolidated interim storage ofspent nuclear fuel and high-level radioactive waste.

WHEREAS, Andrews County, Texas, as host to two low-level radioactive waste disposal facilities operated by Waste Control Specialists LLC ("WCS"), greatly benefits directly and indirectly from the economic activity associated with disposal of radioactive materials; and WHEREAS, Andrews County recognizes the importance of a diversified economy to the livelihood of the citizens of Andrews County; and WHEREAS, Andrews County is home to a specialized workforce with expertise concerning radioactive materials, and WCS currently employs more than 170 full-time employees with an annual payroll of more than $13 million in Andrews County; and WHEREAS, Andrews County has invested in the success of the low-level radioactive waste disposal facilities operated by WCS by issuing $75 million in bonds and using that revenue to purchase property leased by WCS as part of the operation of the disposal facilities; and WHEREAS, Andrews County receives five percent of the gross receipts from waste disposed of at the two low-level radioactive waste disposal facilities, which receipts to date have totaled over $5 million directly paid to Andrews County and are expected to total more than $3 million per year in the future; and WHEREAS, WCS has consistently shown its commitment to the environment and the citizens of Andrews County by, among other things, designing and operating safe, state-of-the-art radioactive materials facilities, working to ensure that Andrews County shares in economic benefits because of WCS operations, and working to ensure that local stakeholders are kept informed and made an integral part of the decision-making process concerning WCS operations; and WHEREAS, there are substantial quantities of Spent Nuclear Fuel ("SNF") and High-Level Radioactive Waste ("HL W") currently stored at sites throughout Texas and the United States; and WHEREAS, much of the SNF and HL W is currently stored at sites that are vulnerable to natural disasters and located near large metropolitan centers; and 88.4.2

43 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 18 WHEREAS, the United States Department of Energy (the "DOE") concluded in 2013 that a geologic repository for the permanent disposal of SNF and HL W will not be available until 2048, at the earliest; and WHEREAS, the federal Blue Ribbon Commission on America's Nuclear Future in 2012 recommended "prompt" efforts to develop one or more consolidated SNF and HL W interim storage facilities while further efforts are made to develop a permanent disposal site; and WHEREAS, the Texas Commission on Environmental Quality ("TCEQ") analyzed the challenges associated with creating a consolidated SNF and HL W interim storage solution in Texas in its March 2014 Assessment of Texas's High Level Radioactive Waste Storage Options report (the "Report"); and WHEREAS, the TCEQ, in the Report, noted that consolidated SNF and HL W interim storage in Texas would offer electricity consumers significant savings compared to storage at each nuclear power plant and that the siting and construction of a consolidated SNF and HL W interim storage facility is "not only feasible but could be highly successful" so long as the approach "minimizes local and state opposition through stakeholder meetings, finding volunteer communities, financial incentives, and a process that is considered fair and technically rigorous;" and WHEREAS, the Texas Radiation Advisory Board issued an official statement of its position that it is in the state's best interest to request that Texas be considered by the Federal Government as a consolidated SNF storage site;" and WHEREAS, the Governor of Texas noted that Texas should "begin looking for a safe and secure solution for HL Win Texas;" and WHEREAS, the workforce, the geography, and the geology of Andrews County make it an ideal location for safe storage of radioactive materials, and Andrews County is a volunteer community that wishes to offer its unique resources to help solve the state's and country's SNF and HLW storage problems.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Commissioners Court of Andrews County, Texas, meeting in open session, believes that the construction and operation of a consolidated SNF and HL W interim storage facility in Andrews County (the "Facility"), licensed by the Nuclear Regulatory Commission and developed by WCS, will enhance the health, safety, and welfare of the citizens of Andrews County; and BE IT FURTHER RESOLVED AND ORDERED that the Commissioners Court of Andrews County does hereby declare and express the commitment of Andrews County 88.4.3

44 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 19 to explore the development of the Facility, and in support thereof does hereby call upon and ask:

the State of Texas, all its agencies, officials and political subdivisions, and all members of the Texas congressional delegation to work cooperatively with all relevant entities towards the creation of the Facility, including taking actions to evidence approval of the development of the Facility, such as executing and delivering letters of support, cooperative agreements, or other documents needed in connection with the site selection, siting and licensing of the Facility; and the State of Texas, all its agencies and officials, and all members of the Texas congressional delegation to assist Andrews County in securing all federal incentives that may be available, as a result of siting the Facility, from the DOE or another appropriate federal entity; and BE IT FURTHER RESOLVED AND ORDERED that the Andrews County Judge is hereby authorized to negotiate terms of any interlocal agreements and other contracts and agreements related to financial incentives that may be available to Andrews County as a result of siting the Facility, which terms and agreements or contracts will be subject to approval by this Commissioners Court; and BE IT FURTHER RESOLVED AND ORDERED that Andrews County is committed to exercising its regulatory and service-providing powers, including such powers as those related to transportation planning, infrastructure development, and police and fire protection, in a manner that protects the health, safety, and welfare of the citizens of Andrews County by facilitating the development of the Facility; and BE IT FURTHER RESOLVED AND ORDERED that a copy of this resolution be sent to the Texas Governor, the Texas Lieutenant Governor, the Speaker of the Texas House, the State Representative for Texas House District 81, the State Senator for State Senate District 31, the United States Representative for Congressional District 11, the United States Senators for the State of Texas, the Commissioners of the United States Nuclear Regulatory Commission, and the United States Secretary of Energy.

88.4.4

45 I Appellate

  • Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 20 Passed and Approved this 20th day of January, 201~.

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County Judge Richard H Dolgener Jeneanne Anderegg ommissioner,Pct. 4 Jim Waldrop ATTEST:

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Corrullissio!f::fs~ County Clerk 88.4.5

46 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 21 Texas Commission on Environmental Quality Program Report for the September 19, 2014 TRAB Meeting Low-level radioactive waste disposal: On August 28, TCEQ issued Amendment No. 26 to RML R04100 as a major amendment. The amendment 1) revised the performance assessment, 2) adjusted the amount of financial assurance required, and 3) increased the licensed volume of the compact disposal facility. Waste Control Specialists is now authorized under the license to accept all Class A, B, and C low-level radioactive waste for disposal, including depleted uranium in concentrations greater than 10 nanocuries/gram.

Uranium Mining:

Major amendments for license area expansion at two in situ uranium mining licenses were declared technically complete in July and August. Public notice was published in the Falfurrias Facts on August 7, 2014 for the Mestena Alta Mesa Project, with the comment period ending on September 8, 2014. Public notice for the South Texas Mining Venture Palangana Project will be published soon. A major amendment application from Signal Equities for a license area expansion on their Brown Project and a new license application from UEC for their Burke Hollow project are both currently under technical review.

TCEQ had begun working towards obtaining partial release from the NRC of a portion of the former licensed area of the abandoned IEC Lamprecht/Zamzow site. On August 12, 2014, a team of 14 TCEQ field workers along with 3 individuals from DSHS began gamma surveys and soil sampling in support of an effort to release non-operational areas for unrestricted use. Using GPS data units coupled to survey meters, 2-man teams collected data across 775 acres in a portion of the formerly licensed area. Two more field days are currently planned to finish data collection. When all data have been collected and analyzed, a Completion Review Report will be written and submitted to the NRC for their concurrence in a partial release of these areas for unrestricted use. TCEQ has also initiated its contracting process to be able to contract for the clean-up of the operational portion of this site.

September 19, 2014 88.4.6

47 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 22 Texas Commission on Environmental Quality Program Report for the September 19, 2014 TRAB Meeting By-product material disposal: Operation of the byproduct waste disposal facility continues under its current license. By license condition, the byproduct disposal operation is limited to receiving only the Fernald byproduct waste. Staff members continue to review WCSs environmental monitoring reports and related data.

Underground Injection Control: TCEQ is processing two applications for new Class III UIC permits for in situ uranium mining and one application for expansion of the permit area of an existing in situ uranium mining site. One of the new applications (UEC Burke Hollow site) is for an unmined site in Bee County. The other new application (Signal Equities Brown site) is for a previously-mined site (USX Boots-Brown) in Live Oak County. The application for expansion (STMV Palangana site) is in Duval County.

September 19, 2014 88.4.7

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The Honorable David Dewhtirsf *;< * ' ,,

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. . .... .*. .'. .... . \  :":

Lieutenant-Governor State of Texas State Capitol, Room 2E.13

  • Austin, Texas 78701 The Honorable Jo*e Straus Speaker of the House Texas House of Representatives P.O. Box 2910 .

Austin, Texas 78768

Dear Governor Dewhurst and Speaker Straus:

Enclosed is a report" completed at my request by the Texas Commission on Environmental Quality (TCEQ). This report evaluates the challenges posed by spent nuclear fuel and other high-level radioactive waste (together "HLW ') currently stored on-site at the six Texas nuc.Jear reactors.

  • In light of recent developments regarding the int~rim storage and *disposal of HLW by the federal government, Texas now faces the very real possibility that it will have to find a solution to the long-term issue of safe and ~ecure handling of this waste. The citizens of Texas- . and every
  • other state currently storing radioactive waste - have been betrayed by their federal government after contributing blllions of dollars to fund a federal solution for HLW disposal because a federal -solution still does not exist.
  • Since the U.S. Coll.gress enacted the Nuclear Waste Policy Act-in 1982, each state, including Texas, has been *assured that the federal government would take possession and .provide a
  • '. * ~- disposal solµtion for any HLW generated within its borders. In 1987, the federal government
    • ;. . identified Yucca Mountain in Nevada as being the ultimate disposal option *with a completion . :

date *in 1998. After extensive litigation. delays,and cost overruns, in 2°009 President Obama ., .. , . .

- * .. abandoned any f\rrther deve.lopment of Yucca Mountain and Congress ceased all funding in2Q1_1 * . . .* ., ' *. '* -
  • - * .,*; after more *tha~ $*15 billion had been spent characterizing and developing the site. * * . : : * :. * "

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~.." .'.*  : . ';. . .. ~ . ;i.>oST~; o~~ *Bgx *lZ1:~ :4.vS!rn, ~ *7 87it (512)463--iooo *('\ro1qi)iDu,i. 1-i-i .Fo11 ~i-. sER\!iC!!S

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  • .; '\;

49 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 24 The Honorable David Dewhurst The Honorable Joe Straus

. March 28, 2014 .i Page 2

  • Early in 2013, the U.S. Depart1;1wnt of Energy announced that it was developing a new plan to replace Yucca Mountain- . estimating that an HLW disposal solµtion \VOUld pot be available until 2048. However, in Nove~ber 20}3, the U,S. C:oU;rt of Appeals for.the District of Columbia ,i determined that the federal government has. 11no cn:~dible plan"

' . . . to dispose .

ofHLW.

2048, or whatever year Washington forei;asis that a. solution will be provideci, is too long to wait .

. *, ~ .

... I \:>e~ieve it..is time for T~x?S tb ~ct, particularly sipce ':New Mexi.~o *is seek!ng to be federally ** *. * *

.. designat~d for lil1wdi.sposal. .,Th~ N.ew J0e~d.co :propose*d she is approxim~tely 50.mile(fropi ,

  • the Texas *border, and we inust ensure our citizens are PXOtected. We have 'po"choiCe )jµqqbegin .

1o.6king for :a safe and seclire *s.ol4tion for i-iLWJriTex!=ls-:a solution that would allow.the . * * * .: *.. *

. . citizens of Texas to recoup some qfthe more.than $700 million they have paid towarc:l addrt(ssing . . : . ,' .

    • . this'* 'issue.' . ' .. -~ *. . . .. . . *, ~ . * . **. . ~ . : .. *.' : :. .. ';1, * * * * ,. *:.:**. '* _. \. '* - - . * ** * .. *. **, . .

. '  ;  :. . .. : ' *. . ' ':,. . . .: .~ ~ . ' : .' *.

. . . *... :. I ho.pe'the enclosed r¢port \viii besent t~ the appropriate oy~rsighfc~mni°frtees in .your chamber . ..... *....

    • *, The .leadership at TCEQ ,W1d¢rstands ,th.e hnpprtance oft.his issue, and *J belieye they will be a

. valued reso\,Jrce as we*continU:et<:>..develop.a :Texas sohit.io.n fo.r thefong-term resolµtion ofHLW

  • currently.resid!ng inside our bcird,ers. . . . . .* . . : ; .: . * .

...<.":*..* ' *;Sincerely,'*

~

... '. :.*.l@k ::Pel!£y **.**. * *. * .**.

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~ . Rick Perry * .. . .*. , . .. *\ * .... . . . '  ;**.

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  • **,.Governor .. ,.. * * ... *  ::,:.

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88.4.9

50 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 25 INTERIM STORAGE PARTNERS LLC ATTACHMENT 2-1 ENVIRONMENTAL REPORT ATTACHMENT 2-1 LETTERS Page A2-1-1 Revision 3 88.4.58

51

  • \

Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 26 State of Ne w Mexic o Susana Martinez Governor April 10, 2015 Dr. Ernest Moniz, Secretary U.S. Department of Energy 1000 Independence Ave., SW Washington, DC 20585

Dear Secretary Moniz,

This letter is to inform you of my support of the community leaders who continue to spearhead the effort to bring a consolidated interim stora ge facility for spent fuel to southeastern New Mexico.

The recent decision by your administration to adopt a consent-based approach for waste management should highlight areas such as south eastern New Mexico where there is broad support in the region for such an endeavor.

The Eddy-Lea Energy Alliance (ELEA) is an organization with regional participation by the City of Carlsbad, City of Hobbs, Eddy County and Lea County. As you are aware, the residents of this area have a high level of understanding of the nuclear industry and its importance to our natio nal security. There is a strong pre-existing scientific and nuclear operations workforce in the area, and the dry, remote region is well-suited for an interim storage site. ELEA has alrea dy selected a location that has been vetted extensively.

There is a significant and growing national need for such an interim storage facility. Millions of taxpayer dollars are currently being spent on moni toring and oversight of spent fuel each year ,

and millions more are being spent on settlement payments related to waste disposition. In many instances, these actions are taking place where such activity and the presence of such waste is disagreeable to local communities.

These communities in New Mexico support safel y moving spent fuel to a consolidated interim storage site using proven technology which is the most sensible approach to this problem until a permanent and long-term solution is available.

Dry cask storage is a proven, passive, and safe system that has been used since 1984 with no adve rse incidents .

88.4.59

52 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 27 Dr. Ernest Moniz ELEA Interim Storage Time and time again, the citizens of southeastern New Mexico have impressed me with their hard work ethic and willingness to tackle national proble ms that many others consider to be unsolvable. In one of the most remote areas of state, they have had the ingenuity and fortitude to carve out a niche in the nuclear industry to broaden their economic base. They understand the benefits not only to their local economy, but also to our country.

Therefore, I support the ELEA and its member cities and counties in their effort to establish a consolidated interim storage facility in southeastern New Mexico that will be regulated by the high safety and technical standards of the Nuclear Regulatory Commission.

Sincerely, Susana Martinez Governor 88.4.60

53 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 28 SKUl..L VALLEY BAND OF GOSHUTE INDIANS SKULL VALLEY RESERVATION P.O. BOX 448 GRANTSVILLE, UTAH 84029 435/ 882.4532 OFFICE 435/ 882.4889 FAX April 28, 2015 Waste Control Specialists LLC ATTN: Bill Lindquist, Chief Executive Officer Rod Baltzer, President Three Lincoln Centre 5430 LBJ Freeway, Ste. 1700 Dallas, Texas 75240 Dr. CEO Lindquist and President Baltzer, On behalf of the Skull Valley Band of Goshute Indians (SVBG) Executive Committee, I respectfully request a meeting with your company to discuss your February 6, 2015 notice to the Nuclear Regulatory Commission (NRC), regarding your intent to apply for a license for the interim storage of used nuclear fuel. The reason for this request is that SVBG has an NRC authorized private fuel facility to store spent nuclear fuel and high-level radioactive waste on its Indian reservation. The licensee is Private Fuel Storage LLC (PFS) and the license expires on February 21, 2026.

During the past few months, PFS has been in the process of dissolving its relationship with SVBG, which leaves the question about what to do with the license. SVBG Executive Committee desires to speak with your top leadership to discuss the possibility of transferring the license to your company.

SVBG completely understands that your application and implementation of your license for storage of used nuclear fuel may have many challenges and could take years, if not decades to complete. It is the hope of SVBG that your company would be interested in exploring any opportunities that there may be to overcome any of the challenges or lessen the time frames that you may face.

The SVBG Executive Committee will be in Albuquerque, New Mexico, the week of May 11, 2015, for the National Transportation Stakeholder Forum Annual Meeting. I cordially invite you, or some of your staff, to discuss any possibilities then.

Sincerely, Lori Bear, Chairwoman Skull Valley Band of Goshute Indians Executive Committee 88.4.61

54 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 29 94.1

55 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 30 94.2

56 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 31 May 18, 2020 E-56483 Director, Division of Fuel Management Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852

Subject:

Submission of ISP Responses for RAIs and Associated Document Markups from First Request for Additional Information, Parts 2, 3, and 4, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002

Reference:

1. Letter from John-Chau Nguyen (NRC) to Jeffery D. Isakson, Interim Storage Partners LLCs License Application To Construct And Operate The Waste Control Specialists Consolidated Interim Storage Facility, Andrews County, Texas, Docket No. 72-1050 -

First Request For Additional Information, Part 1, dated November 16, 2018

2. Letter from John-Chau Nguyen (NRC) to Jeffery D. Isakson, Interim Storage Partners LLCs License Application To Construct And Operate The Waste Control Specialists Consolidated Interim Storage Facility, Andrews County, Texas, Docket No. 72-1050 -

First Request For Additional Information, Part 2, dated March 6, 2019

3. Letter from John-Chau Nguyen (NRC) to Jeffery D. Isakson, Interim Storage Partners LLCs License Application to Construct and Operate the Waste Control Specialists Consolidated Interim Storage Facility, Andrews County, Texas, Docket No. 72-1050 -

Request for Clarification of Responses Related to Materials Review, dated February 3, 2020 P.O. Box 1129

  • interimstoragepartners.com 95.1.1

57 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 32 Document Control Desk E-56483 Page 2 of 3

4. Letter from Jack Boshoven (ISP) to Document Control Desk (NRC),

Interim Storage Partners (ISP) First Request for Additional Information (RAI) Proposed Updated Submittal Schedule, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002, E-56106, dated February 14, 2020 Interim Storage Partners LLC hereby submits its final responses to RAIs from References [1], [2], and [3] to support the continued review of the Licensing Application.

The draft responses and associated Safety Analysis Report (SAR) changed pages being submitted are consistent with those identified in Tables 1, 3, 4, and 5 of Reference [4]. Contained in this submittal are the responses, including revised SAR pages. Because the section numbers in SAR Chapter C.13 have been rearranged in response to RAI NP-15-13-S, the entire chapter is included, in lieu of change pages only, to aid in Staff review of the submittal.

The following enclosures are being submitted:

x Enclosure 1 includes affidavits pursuant to 10 CFR 2.390 for ISP, TN Americas, and NAC International.

x Enclosure 2 provides a proprietary version of the responses to the RAIs.

x Enclosure 3 provides a public version of Enclosure 2 (RAI responses).

x Enclosure 4 provides SAR changed pages (Proprietary).

x Enclosure 5 provides a public version of Enclosure 4 (SAR changed pages)

Should you have any questions regarding this submission, please contact Mr. Jack Boshoven, of my staff, by telephone at (410) 910-6955, or by email at jack.boshoven@orano.group.

Sincerely, Digitally signed by ISAKSON Jeffery Jeffery D. Isakson Chief Executive Officer/President Interim Storage Partners LLC cc: John-Chau Nguyen, Senior Project Manager, U.S. NRC Jack Boshoven, ISP LLC Elicia Sanchez, ISP LLC 95.1.2

58 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 33 Document Control Desk E-56483 Page 3 of 3

Enclosures:

1. Affidavit Pursuant to 10 CFR 2.390
a. Interim Storage Partners
b. TN Americas
c. NAC International
2. RAI Responses (Proprietary Version)
3. RAI Responses (Public Version)
4. SAR Changed Pages (Proprietary Version)
5. SAR Changed Pages (Public Version) 95.1.3

59 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 34 June 11, 2020 E-56905 Director, Division of Fuel Management Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852

Subject:

Revised Response for RAI NP-15-13-S, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002

Reference:

1. Letter from John-Chau Nguyen (NRC) to Jeffery D. Isakson, Interim Storage Partners LLCs License Application to Construct and Operate the Waste Control Specialists Consolidated Interim Storage Facility, Andrews County, Texas, Docket 72-1050 -

Request for Clarification of Responses Related to Materials Review, dated February 3, 2020 2 Letter from Jeffery D. Isakson to Document Control Desk (NRC),

Submission of ISP Responses for RAIs and Associated Document Markups from First Request for Additional Information, Parts 2, 3, and 4, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002, dated May 18, 2020 Interim Storage Partners LLC (ISP) hereby submits a revised response, in its entirety, of the Request for Additional Information (RAI) NP-15-13-S from the Request for Clarification of Responses Related to Materials Review issued February 3, 2020 (Reference 1) to support the continued review of the WCS CISF License Application.

The previous response contained an inconsistency related to the pressure boundary for the Greater-than-Class-C (GTCC) dry shielded canister (DSC) identified in Table NP-15-13-2. This inconsistency is resolved in the revised response. Enclosures 2 and 3 to this letter are the revised proprietary and public versions of the response to the RAI, respectively. Enclosure 1 includes the affidavit pursuant to 10 CFR 2.390 for TN Americas. There are no safety analysis report (SAR) changed pages associated with the RAI response.

P.O. Box 1129

  • interimstoragepartners.com 100.1

60 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 35 Document Control Desk E-56905 Page 2 of 2 Should you have any questions regarding this submission , please contact Mr. Jack Boshoven , of my staff, by telephone at (410) 910-6955, or by email at jack.boshoven@orano.group.

Sincerely, Digitally signed J~bylSAKSON Jeffery Jeffery D. Isakson Chief Executive Officer/President Interim Storage Partners LLC cc: John-Chau Nguyen, Senior Project Manager, U.S. NRC Jack Boshoven , ISP LLC Elicia Sanchez, ISP LLC

Enclosures:

1. Affidavit Pursuant to 10 CFR 2.390 - TN Americas
2. RAI Response (Proprietary Version)
3. RAI Response (Public Version) 100.2

61 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 36 July 21, 2020 E-57108 Director, Division of Fuel Management Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852

Subject:

Submittal of Supplemental Information in Support of ISPs Response to RAIs NP-2.6-3 and NP-4-4, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002

Reference:

1. Letter from John-Chau Nguyen (NRC) to Jeffery D. Isakson, Interim Storage Partners LLCs License Application to Construct and Operate the Waste Control Specialists Consolidated Interim Storage Facility, Andrews County, Texas, Docket No. 72-1050 -

First Request for Additional Information, Part 2, dated March 6, 2019

2. Letter from Jeffery D. Isakson to Director, Division of Fuel Management (NRC), Submission of ISP Responses for RAIs and Associated Document Markups from First Request for Additional Information, Parts 2, 3, and 4, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002, E-56483, dated May 18, 2020 Interim Storage Partners LLC (ISP) hereby submits supplemental information in support of our partial response to the First Request for Additional Information (RAI), Part 2, issued March 6, 2019 (Reference [1]) provided in Reference [2] for RAIs NP-2.6-3 and NP-4-4, to support the continued review of the WCS CISF License Application.

Contained in this submittal are Safety Analysis Report (SAR) change pages to 1) clarify the operations associated with use of the Cask Handling Building (CHB) to remove the NAC Transportation Casks from the rail cars, 2) update the SAR with the design basis floor loads in the CHB to support the uprighted transportation cask and operations of the vertical cask transporter (VCT) inside the CHB, 3) update of the SAR to include an evaluation of the uprighted transportation casks demonstrating that these P.O. Box 1129

  • interimstoragepartners.com 101.1

62 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 37 Document Control Desk E-57108 Page 2 of 2 do not tip over during the design basis seismic events, 4) updated the SAR to provide additional descriptions related to the CHB overhead crane design and quality classifications for the crane subcomponents, 5) updated SAR Table 4-3 to include the VCT and Cask Transfer System (CTS), 6) provide clarification on CTS and associated pad Quality Categories, and 7) update Chapter 2 of the SAR to clarify which bearing capacity values are used for the CHB, storage pads and other foundations related to the CISF.

The following enclosures are being submitted:

x Enclosure 1 includes affidavits pursuant to 10 CFR 2.390 for NAC International x Enclosure 2 provides the SAR change pages (Proprietary Version) x Enclosure 3 provides the public version of the SAR change pages Should you have any questions regarding this submission, please contact Mr. Jack Boshoven by telephone at (410) 910-6955, or by email at jack.boshoven@orano.group.

Sincerely, Digitally signed by ISAKSON Jeffery Jeffery D. Isakson Chief Executive Officer/President Interim Storage Partners LLC cc: John-Chau Nguyen, Senior Project Manager, U.S. NRC Jack Boshoven, ISP LLC Elicia Sanchez, ISP LLC

Enclosures:

1. Affidavits Pursuant to 10 CFR 2.390 for NAC International
2. SAR Change Pages (Proprietary)
3. SAR Change Pages (Public) 101.2

63 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 38 August 24, 2020 E-57138 Director, Division of Fuel Management Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852

Subject:

Submission of Revision 3 of the License Application for the WCS CISF, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002

Reference:

1. Letter from Jeffery D. Isakson to NRC Document Control Desk, Submittal of Partial Response to First RAI, Part 1, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002, E-54257, dated May 31, 2019
2. Letter from Jeffery D. Isakson to NRC Document Control Desk, Submission of ISP Responses for RAIs and Associated Document Markups from First Request For Additional Information, Part 2, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002, E-55362, dated January 17, 2020
3. Letter from Jeffery D. Isakson to NRC Document Control Desk, Submission of ISP Responses for RAIs and Associated Document Markups from First Request for Additional Information, Parts 2, 3, and 4, Docket 72-1050 CAC/EPID 001028/L-2017-NEW-0002, E-56415, dated April 7, 2020 Interim Storage Partners LLC hereby submits Revision 3 of the License Application (LA) for the WCS CISF. Revision 3 incorporates all of the changes submitted via References

[1], [2], and [3] along with additional changes to the proposed Materials License and Technical Specifications requested by NRC Staff. Additional changes to the LA are limited to updating the mailing addresses in Section 1.11 for the Chief Engineer, two Management Board members and a Principle Officer to reflect their new office locations; an editorial change to Section 4, related to the location of a referenced table; updating the table of contents; and pagination changes. No other changes are made to the LA.

P.O. Box 1129

  • interimstoragepartners.com 102.1

64 Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 39 Document Control Desk E-57138 Page 2 of 2 The following enclosures are being submitted:

x Enclosure 1 includes an affidavit pursuant to 10 CFR 2.390 for Interim Storage Partners.

x Enclosure 2 provides a proprietary version of LA, Revision 3.

x Enclosure 3 provides a public version of Enclosure 2 (LA Revision 3)

Should you have any questions regarding this submission, please contact Mr. Jack Boshoven, of my staff, by telephone at (410) 910-6955, or by email at jack.boshoven@orano.group.

Sincerely, Digitally signed by ISAKSON Jeffery Jeffery D. Isakson Chief Executive Officer/President Interim Storage Partners LLC cc: John-Chau Nguyen, Senior Project Manager, U.S. NRC Jack Boshoven, ISP LLC Elicia Sanchez, ISP LLC

Enclosures:

1. Affidavit Pursuant to 10 CFR 2.390 of Interim Storage Partners
2. License Application, Revision 3 (Proprietary Version)
3. License Application, Revision 3 (Public Version) 102.2

Appellate Case: 21-9593 Document: 010110689267 Date Filed: 05/26/2022 Page: 40 CERTIFICATE OF SERVICE I certify that on May 26, 2022, I served a copy of the foregoing RECORD EXCERPTS JOINTLY DESIGNATED BY PARTIES, VOLUME 2 OF 4 upon counsel for the parties in this action by filing the document electronically through the CM/ECF system. This method of service is calculated to serve counsel at the following e-mail addresses:

Bruce C. Baizel bruce.baizel@state.nm.us William Gregory Grantham wgrantham@nmag.gov, swright@nmag.gov Justin Heminger justin.heminger@usdoj.gov; efile_app.enrd@usdoj.gov P. Cholla Khoury ckhoury@nmag.gov, fdiaz@nmag.gov Zachary E. Ogaz zogaz@nmag.gov Arnold Bradley Fagg brad.fagg@morganlewis.com Ryan Kennedy Lighty ryan.lighty@morganlewis.com Allan L. Kanner a.kanner@kanner-law.com k.crowell@kanner-law.com, a.tennis@kanner-law.com Marcus J. Rael, Jr.

marcus@roblesrael.com, vanessa@roblesrael.com

/s/ Andrew P. Averbach Andrew P. Averbach Counsel for Respondent U.S. Nuclear Regulatory Commission

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