ML21193A097: Difference between revisions

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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-1050; NRC-2016-0231]
Interim Storage Partners, LLC WCS Consolidated Interim Storage Facility Issuance of Materials License and Record of Decision AGENCY: Nuclear Regulatory Commission.
ACTION: License and record of decision; issuance.
 
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) has issued Materials License No. SNM-2515 to Interim Storage Partners, LLC (ISP) to construct and operate the WCS Consolidated Interim Storage Facility (CISF) as proposed in its license application, as amended, and to receive, possess, store, and transfer spent nuclear fuel and Greater-than-Class-C radioactive waste at the WCS CISF in Andrews County, Texas. ISP will be required to operate under the conditions listed in Materials License No. SNM-2515. The NRC staff has published a record of decision (ROD) that supports the NRCs decision to approve ISPs license application for the WCS CISF and to issue the license.
DATE: September 17, 2021 ADDRESSES: Please refer to Docket ID NRC-2016-0231 when contacting the NRC about the availability of information regarding this document. You may access publicly available information related to this document using any of the following methods:
* Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0231. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
 
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
* NRCs Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in the section of this document entitled, SUPPLEMENTARY INFORMATION.
* Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John-Chau Nguyen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0262; email: John-Chau.Nguyen@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion The NRC has issued a license to ISP for its WCS CISF in Andrews County, Texas (ADAMS Package Accession No. ML21188A096). Materials License No. SNM-2515 authorizes ISP to construct and operate its facility as proposed in its license application, as amended, and to receive, possess, store, and transfer spent nuclear fuel, 2
 
including a small quantity of mixed-oxide fuel, and Greater-than-Class-C radioactive waste at the WCS CISF. The license authorizes ISP to store up to 5,000 metric tons of uranium [5,500 short tons] of spent nuclear fuel for a license period of 40 years. ISP will be required to operate under the conditions listed in Materials License No. SNM-2515.
The NRC staffs ROD that supports the NRCs decision to approve ISPs license application for the WCS CISF and to issue Materials License No. SNM-2515 is available in ADAMS under Accession No. ML21222A214. The ROD satisfies the regulatory requirement in section 51.102 paragraph (a) of title 10 of the Code of Federal Regulations (10 CFR), which requires that a Commission decision on any action for which a final environmental impact statement (EIS) has been prepared be accompanied by or include a concise public ROD. As discussed in the ROD and the final EIS for ISPs license application for a CISF for spent nuclear fuel in Andrews County, Texas (ADAMS Accession No. ML21209A955), the NRC staff considered a range of reasonable alternatives that included the No-Action alternative, as required by the National Environmental Policy Act of 1969, as amended; storage at a government-owned CISF; alternative design and storage technologies; and alternative locations. The final EIS documents the environmental review, including the NRC staffs recommendation to issue an NRC license to ISP to construct and operate a CISF for spent nuclear fuel at the proposed location, subject to the determinations in the NRC staffs safety review of the application. The final EIS conclusion is based on the NRC staffs independent environmental review, as well as (i) the license application, which includes the environmental report and supplemental documents and ISPs responses to the NRC staffs requests for additional information; (ii) consultation with Federal, State, Tribal, and local agencies and input from other stakeholders, including members of the public; and (iii) the assessments provided in the final EIS.
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The NRC staff prepared a final safety evaluation report that documents the staffs safety and security review of the application (ADAMS Accession No. ML21188A101).
The staffs safety and security review found that the application met applicable NRC regulations in 10 CFR part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste.
Documents related to the application carry Docket ID NRC-2016-0231. These documents for the ISP license include the license application, the applicants safety analysis report, emergency plan, physical security plan, environmental report, updates to these documents, and applicant supplements and responses to NRC staff requests for additional information, and the NRC staffs final safety evaluation report, final EIS, and ROD.
ISPs request for a materials license was previously noticed in the Federal Register on November 14, 2016 (81 FR 79531). A notice of docketing with an opportunity to request a hearing and to petition for leave to intervene was published in the Federal Register on January 30, 2017 (82 FR 8773). Four groups of petitioners filed petitions to intervene. An Atomic Safety and Licensing Board considered petitions and admitted one contention. The Board subsequently dismissed the contention as moot after ISP supplemented its application with information that the contention had noted was missing, and the Board subsequently terminated the adjudicatory proceeding.
Intervenors appealed the decisions to the Commission, and the Commission affirmed the Board decisions, with one new contention remanded to the Board for consideration.
The Board subsequently dismissed the remanded contention, and the Commission denied an appeal of the Board decision.
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In issuing a materials license to ISP for the WCS CISF, the NRC has determined based on its review of this application that there is reasonable assurance that: (i) the activities authorized by the license can be conducted without endangering the health and safety of the public; and (ii) these activities will be conducted in compliance with the applicable regulations of 10 CFR part 72. The NRC has further determined that the issuance of the license will not be inimical to the common defense and security.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, the details with respect to this action, including the final safety evaluation report and accompanying documentation and license, are available electronically in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. From this site, you can access ADAMS, which provides text and image files of the NRC public documents.
II. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.
Document                                                      ADAMS Accession No.
Initial application, safety analysis report (SAR) and        ML16133A070 1
environmental report (ER), dated April 28, 2016              (Package)
Application Revision 1, SAR Revision 1, and ER                ML17082A021 2
Revision 1, dated March 16, 2017                              (Package)
Application Revision 2, SAR Revision 2, and ER                ML18206A595 3
Revision 2, dated July 19, 2018                              (Package)
ML20052E144 4    ER Revision 3, dated February 17, 2020 (Package)
ML20150A337 5    SAR Revision 3, dated May 22, 2020 (Package) 6    Application Revision 3, dated August 24, 2020                ML20237F470 ML20261H419 7    SAR Revision 4, September 2, 2020 (Package)
Application Revision 4 and SAR Revision 5, dated              ML21105A766 8
April 12, 2021                                                (Package)
Applicant response to request for additional information, 9                                                                  ML18208A437 dated July 19, 2018 5
 
Applicant response to request for additional information, 10                                                          ML19009A099 dated January 7, 2019 Applicant response to request for additional information, 11                                                          ML19085A055 dated March 22, 2019 Applicant response to request for additional information, ML19156A048 12 dated May 31, 2019                                        (Package)
Applicant response to request for additional information, 13                                                          ML19197A044 dated June 26, 2019 Applicant response to request for additional information, ML19184A159 14 dated June 28, 2019                                      (Package)
Applicant response to request for additional information, ML19190A227 15 dated June 28, 2019                                      (Package)
Applicant response to request for additional information, ML19217A231 16 dated July 31, 2019                                      (Package)
Applicant response to request for additional information, ML19235A157 17 dated August 20, 2019                                    (Package)
Applicant response to request for additional information, 18                                                          ML19270E399 dated September 18, 2019 Applicant submittal of supplemental information, dated    ML19268A113 19 September 20, 2019                                        (Package)
Applicant response to request for additional information, ML19337B502 20 dated November 21, 2019                                  (Package)
Applicant response to request for additional information, ML20015A448 21 dated January 6, 2020                                    (Package)
Applicant response to request for additional information, ML20028E843 22 dated January 17, 2020                                    (Package)
Applicant response to request for additional information, ML20028D890 23 dated January 22, 2020                                    (Package)
Applicant response to request for additional information, ML20052D995 24 dated February 14, 2020                                  (Package)
Applicant response to request for additional information, ML20052E047 25 dated February 14, 2020                                  (Package)
Applicant submittal of supplemental information, dated    ML20071F152 26 March 5, 2020                                            (Package)
Applicant response to request for additional information, ML20083J964 27 dated March 16, 2020                                      (Package)
Applicant response to request for additional information, ML20105A133 28 dated April 7, 2020                                      (Package)
Applicant response to request for additional information, ML20105A171 29 dated April 7, 2020                                      (Package)
Applicant response to request for additional information, ML20139A173 30 dated May 18, 2020                                        (Package)
Applicant response to request for additional information, 31                                                          ML20163A008 dated June 11, 2020 Applicant submittal of supplemental information, dated 32                                                          ML20203M040 July 21, 2020 Applicant submittal of supplemental information, dated 33                                                          ML21027A147 January 27, 2021 6
 
34 Draft Environmental Impact Statement, dated May 2020      ML20122A220 Overview of the Draft Environmental Impact Statement, 35                                                          ML20121A016 dated May 2020 Overview of the Draft Environmental Impact Statement 36                                                          ML20136A148 (Spanish language version), dated May 2020 37 Final Environmental Impact Statement, dated July 2021    ML21209A955 Overview of the Final Environmental Impact Statement, 38                                                          ML21200A050 dated July 2021 39 Final Safety Evaluation Report, dated September 2021      ML21188A101 NRC Staffs Record of Decision, dated September 13, 40                                                          ML21222A214 2021 ML21188A096 41 Materials License for ISP, dated September 13, 2021 (Package)
Dated: September 13, 2021.
For the Nuclear Regulatory Commission.
                                          /RA/
Shana R. Helton, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.
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Revision as of 06:01, 17 January 2022

Federal Register Notice for WCS Consolidated Interim Storage Facility Record of Decision and Issuance of Part 72 Materials License SNM-2515
ML21193A097
Person / Time
Site: Consolidated Interim Storage Facility
Issue date: 09/13/2021
From: Shana Helton
Division of Fuel Management
To:
DHabib NMSS/DFM/STL 301.415.1035
References
NRC-2016-0231
Download: ML21193A097 (7)
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