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{{#Wiki_filter:[7590-01-P]
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NUCLEAR REGULATORY COMMISSION
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-1051; NRC-2018-0052]
[Docket No. 72-1051; NRC-2018-0052]
 
Holtec International HI-STORE Consolidated Interim Storage Facility AGENCY: Nuclear Regulatory Commission.
Holtec International
ACTION: License; issuance.  
 
HI-STORE Consolidated Interim Storage Facility
 
AGENCY: Nuclear Regulatory Commission.
 
ACTION: License; issuance.


==SUMMARY==
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) has issued Materia ls
: The U.S. Nuclear Regulatory Commission (NRC) has issued Materials License No. SNM-2516 to Holtec International (Holtec) to construct and operate the HI-STORE Consolidated Interim Storage Facility (CISF) as proposed in its license application, as amended, and to receive, possess, store, and transfer spent nuclear fuel at the HI-STORE CISF in Lea County, New Mexico. Holtec will be required to operate under the conditions listed in Materials License No. SNM-2516. The NRC staff has published a record of decision (ROD) that supports the NRCs decision to approve Holtecs license application for the HI-STORE CIS Facility and to issue the license.
 
License No. SNM-2516 to Holtec International (Holtec) to constr uct and operate the HI-
 
STORE Consolidated Interim Storage Facility (CISF) as proposed in its license
 
application, as amended, and to receive, possess, store, and tr ansfer spent nuclear fuel
 
at the HI-STORE CISF in Lea County, New Mexico. Holtec will be required to operate
 
under the conditions listed in Materials License No. SNM-2516. The NRC staff has
 
published a record of decision (ROD) that supports the NRCs de cision to approve
 
Holtecs license application for the HI-STORE CIS Facility and to issue the license.
 
DATE: May 12, 2023.
DATE: May 12, 2023.
ADDRESSES: Please refer to Docket ID NRC-2018-0052 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-2018-0052. 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.


ADDRESSES: Please refer to Docket ID NRC-2018-0052 when contacting the NRC
2 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 Availability of Documents section of this document.
 
NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
about the availability of information regarding this document. You may access publicly
FOR FURTHER INFORMATION CONTACT: Jose Cuadrado, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0606; email: Jose.Cuadrado-Caraballo@nrc.gov.
 
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-2018-0052. Address questions about Docket IDs in
 
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; em ail:
 
Stacy.Schumann@nrc.gov. For technical questions, contact the i ndividual 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 ADA MS Public
 
Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the
 
search, select Begin Web-based ADAMS Search. For problems wi th 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 a ccession number
 
for each document referenced (if it is available in ADAMS) is p rovided the first time that it
 
is mentioned in this document. In addition, for the convenienc e of the reader, the
 
ADAMS accession numbers are provided in a table in the Availab ility of Documents
 
section of this document.
* NRCs PDR: You may examine and purchase copies of public documents,
 
by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555
 
Rockville Pike, Rockville, Maryland 20852. To make an appointm ent to visit the PDR,
 
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
 
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday throu gh Friday, except
 
Federal holidays.
 
FOR FURTHER INFORMATION CONTACT: Jose Cuadrado, Office of Nuclear Material
 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Wash ington, DC 20555-
 
0001; telephone: 301-415-0606; email: Jose.Cuadrado-Caraballo @nrc.gov.
 
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION:
I. Discussion The NRC has issued a license to Holtec for its HI-STORE CISF in Lea County, New Mexico (ADAMS Package Accession No. ML23075A179). Materials License No.
SNM-2516 authorizes Holtec to construct and operate its facility as proposed in its license application, as amended, and to receive, possess, store, and transfer spent


I. Discussion
3 nuclear fuel at the HI-STORE CISF. The license authorizes Holtec to store up to 8,680 metric tons of uranium [9,568 short tons] of spent nuclear fuel for a license period of 40 years. Holtec will be required to operate under the conditions listed in Materials License No. SNM-2516.
 
The NRC staffs ROD that supports the NRCs decision to approve Holtecs license application for the HI-STORE CIS Facility and to issue Materials License No.
The NRC has issued a license to Holtec for its HI-STORE CISF in Lea County,
SNM-2516 is available in ADAMS under Accession No. ML23061A129. 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, the final EIS for Holtecs license application for a CISF for spent nuclear fuel in Lea County, New Mexico (ADAMS Accession No. ML22181B094), and Supplement 1 (ADAMS Accession No. ML22299A238), 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 Holtec 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 Holtecs responses to the NRC staffs requests for additional information; (ii) consultation with Federal, State, Tribal, and local agencies and  
New Mexico (ADAMS Package Accession No. ML23075A179). Material s License No.
 
SNM-2516 authorizes Holtec to construct and operate its facilit y as proposed in its
 
license application, as amended, and to receive, possess, store, and transfer spent
 
2 nuclear fuel at the HI-STORE CISF. The license authorizes Holt ec to store up to 8,680
 
metric tons of uranium [9,568 short tons] of spent nuclear fuel for a license period of 40
 
years. Holtec will be required to operate under the conditions listed in Materials License
 
No. SNM-2516.
 
The NRC staffs ROD that supports the NRCs decision to approve Holtecs
 
license application for the HI-STORE CIS Facility and to issue Materials License No.
 
SNM-2516 is available in ADAMS under Accession No. ML23061A129. The ROD
 
satisfies the regulatory requirement in section 51.102 paragrap h (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 (EI S) has been prepared be
 
accompanied by or include a concise public ROD. As discussed i n the ROD, the final
 
EIS for Holtecs license application for a CISF for spent nucle ar fuel in Lea County, New
 
Mexico (ADAMS Accession No. ML22181B094), and Supplement 1 (ADA MS Accession
 
No. ML22299A238), the NRC staff considered a range of reasonabl e 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; altern ative 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 Holtec to construct and operate a CISF for spent nuc lear fuel at the proposed
 
location, subject to the determinations in the NRC staffs safe ty review of the application.
 
The final EIS conclusion is based on the NRC staffs independen t environmental review,
 
as well as (i) the license application, which includes the envi ronmental report and
 
supplemental documents and Holtecs responses to the NRC staff s requests for
 
additional information; (ii) consultation with Federal, State, Tribal, and local agencies and
 
3 input from other stakeholders, including members of the public; and (iii) the assessments
 
provided in the final EIS.
 
The NRC staff prepared a final safety evaluation report that d ocuments the staffs
 
safety and security review of the application (ADAMS Accession No. ML23075A183).
 
The staffs safety and security review found that the applicati on 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-R elated Greater than
 
Class C Waste.
 
Documents related to the application carry Docket ID NRC-2018-0052 and NRC-
 
2018-0055. These documents for the Holtec license include the license a pplication, the
 
applicants safety analysis report, emergency plan, physical se curity plan, environmental
 
report, updates to these documents, and applicant supplements a nd responses to NRC
 
staff requests for additional information, and the NRC staffs final safety evaluation


report, final EIS, and ROD.
4 input from other stakeholders, including members of the public; and (iii) the assessments provided in the final EIS.
 
The NRC staff prepared a final safety evaluation report that documents the staffs safety and security review of the application (ADAMS Accession No. ML23075A183).
Holtecs request for a materials license was previously notice d in the Federal
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-2018-0052 and NRC-2018-0055. These documents for the Holtec 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.
Register on March 19, 2018 (83 FR 12034). A notice with an opportunity to request a
Holtecs request for a materials license was previously noticed in the Federal Register on March 19, 2018 (83 FR 12034). A notice with an opportunity to request a hearing and to petition for leave to intervene was published in the Federal Register on July 16, 2018 (83 FR 32919). Six groups of petitioners filed petitions to intervene. An Atomic Safety and Licensing Board considered the petitions and its corresponding contentions. The Board determined that none of the petitions met the criteria for admissibility and terminated the adjudicatory proceeding. Intervenors appealed the decisions to the Commission, and the Commission, in several orders, affirmed all of the Board decisions.
 
In issuing a materials license to Holtec for the HI-STORE CISF, the NRC has determined based on its review of this application that there is reasonable assurance  
hearing and to petition for leave to intervene was published in the Federal Register on
 
July 16, 2018 (83 FR 32919). Six groups of petitioners filed p etitions to intervene. An
 
Atomic Safety and Licensing Board considered the petitions and its corresponding
 
contentions. The Board determined that none of the petitions m et the criteria for
 
admissibility and terminated the adjudicatory proceeding. Inte rvenors appealed the
 
decisions to the Commission, and the Commission, in several ord ers, affirmed all of the
 
Board decisions.
 
In issuing a materials license to Holtec for the HI-STORE CISF, the NRC has
 
determined based on its review of this application that there i s reasonable assurance
 
4 that: (i) the activities authorized by the license can be cond ucted 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 inimica l to the common defense
 
and security.
 
In accordance with 10 CFR 2.390 of the NRCs Rules of Practic e, the details
 
with respect to this action, including the final safety evaluat ion 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 do cuments.
 
II. Availability of Documents
 
The documents identified in the following table are available t o interested
 
persons through one or more of the following methods, as indica ted.


5 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 Description ADAMS Accession No.
Document Description ADAMS Accession No.
1 Initial license application, dated March 30, 2017 ML17115A431 (package) 2 Applicant response to request for supplemental information, dated October 6, 2017 ML17310A218 (package) 3 Applicant response to request for supplemental information, dated December 21, 2017 ML17362A097 (package) 4 Applicant response to request for supplemental information, dated December 22, 2017 ML18011A158 5
License application, dated February 23, 2018 ML18058A617 (package) 6 Applicant response to first round request for additional information, part 1, dated May 24, 2018 ML18150A319 (package) 7 Applicant response to first round request for additional information, part 1, dated July 27, 2018 ML18213A206 (package) 8 Applicant supplemental response to first round request for additional information, part 1, dated May 11, 2021 ML21131A199 (package) 9 Applicant response to first round request for additional information, part 2, dated November 30, 2018 ML18345A153 (package)


1 Initial license application, dated March 30, 2017 ML17115A431 (package) 2 Applicant response to request for supplemental ML17310A218 information, dated October 6, 2017 (package) 3 Applicant response to request for supplemental ML17362A097 information, dated December 21, 2017 (package) 4 Applicant response to request for supplemental information, dated December 22, 2017 ML18011A158
6 10 Applicant response to first round request for additional information, part 2, dated January 31, 2019 ML19037A280 (package) 11 Applicant response to first round request for additional information, part 3, dated March 30, 2019 ML19094A271 12 Applicant response to first round request for additional information, part 3, dated March 30, 2019 ML19106A183 (package) 13 Applicant safeguards information, supplemental response to request for additional information, dated March 2, 2020 ML20065H155 14 Applicant response to first round request for additional information, part 4, dated March 15, 2019 ML19081A083 (package) 15 Applicant response to first round request for additional information, part 4, July 19, 2019, follow-up, dated August 26, 2019 ML19248C140 (package) 16 Applicant response to December 26, 2019, emergency response plan clarification request for additional information, dated June 1, 2020 ML20153A783 (package) 17 Applicant response to first round request for additional information, part 5, dated June 1, 2020 ML20153A777 (package) 18 Applicant response to first round request for additional information, part 5, dated September 16, 2020 ML20260H139 (package) 19 Applicant response to first round request for additional information, part 6, dated October 9, 2020 ML20283A789 (package) 20 Applicant response, supporting information, to first round request for additional information, part 6, dated October 9, 2020 ML20290A465 21 Applicant response to first round request for additional information, part 6, dated November 20, 2020 ML20326A005 (package) 22 Applicant response to first round request for additional information, part 6, dated January 4, 2021 ML21004A241 (package) 23 U.S. Army Corps of Engineers, Regulatory Program, Approved Jurisdictional Determination Form (Interim), Navigable Waters Protection Rule, dated April 1, 2021 ML21155A229 24 Applicant response to second round request for additional information, part 1, dated June 30, 2021 ML21224A105 (package) 25 Applicant response to second round request for additional information, part 2, dated August 16, 2021 ML21228A201 (package)


5 License application, dated February 23, 2018 ML18058A617 (package) 6 Applicant response to first round request for ML18150A319 additional information, part 1, dated May 24, 2018 (package) 7 Applicant response to first round request for ML18213A206 additional information, part 1, dated July 27, 2018 (package)
7 26 Applicant response to second round request for additional information, part 2, dated August 31, 2021 ML21243A525 (package) 27 Applicant supplemental response to second round request for additional information, dated October 29, 2021 ML21304A003 (package) 28 Applicant response to third round request for additional information, dated April 15, 2022 ML22108A114 (package) 29 Applicant response to third round request for additional information, dated August 15, 2022 ML22227A156 (package) 30 Applicant supplemental response to third round request for additional information, dated November 23, 2022 ML22331A002 (package) 31 Applicant supplemental response to third round request for additional information, dated December 23, 2022 ML22357A117 (package) 32 Applicant supplemental response to third round request for additional information, dated January 20, 2023 ML23020A128 (package) 33 NUREG-2237, Environmental Impact Statement for the Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel and High Level Waste Draft Report for Comment, dated March 2020 ML20069G420 34 Overview of the Draft Environmental Impact Statement, dated March 2020 ML20073P254 35 Overview of the Draft Environmental Impact Statement (Spanish language version), dated April 2020 ML20120A522 36 NUREG-2237 "Environmental Impact Statement for the Holtec International's License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico" Final Report, dated July 2022 ML22181B094 37 NUREG-2237, Supplement 1, Environmental Impact Statement for Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico, dated October 2022 ML22299A238 38 Final Safety Evaluation Report for the HI-STORE Consolidated Interim Storage Facility Independent Spent Fuel Storage Installation Specific Materials License No. SNM-2516, dated May 2023 ML23075A183 39 NRC Staffs Record of Decision, dated May 9, 2023 ML23061A129  
Applicant supplemental response to first round ML21131A199 8 request for additional information, part 1, dated (package)
May 11, 2021 Applicant response to first round request for ML18345A153 9 additional information, part 2, dated (package)
November 30, 2018
 
5 Applicant response to first round request for ML19037A280 10 additional information, part 2, dated (package)
January 31, 2019 Applicant response to first round request for 11 additional information, part 3, dated ML19094A271 March 30, 2019 Applicant response to first round request for ML19106A183 12 additional information, part 3, dated (package)
March 30, 2019 Applicant safeguards information, supplemental 13 response to request for additional information, ML20065H155 dated March 2, 2020 Applicant response to first round request for ML19081A083 14 additional information, part 4, dated (package)
March 15, 2019 Applicant response to first round request for ML19248C140 15 additional information, part 4, July 19, 2019, (package) follow-up, dated August 26, 2019 Applicant response to December 26, 2019, ML20153A783 16 emergency response plan clarification request for (package) additional information, dated June 1, 2020 17 Applicant response to first round request for ML20153A777 additional information, part 5, dated June 1, 2020 (package)
Applicant response to first round request for ML20260H139 18 additional information, part 5, dated (package)
September 16, 2020 Applicant response to first round request for ML20283A789 19 additional information, part 6, dated (package)
October 9, 2020 Applicant response, supporting information, to first 20 round request for additional information, part 6, ML20290A465 dated October 9, 2020 Applicant response to first round request for ML20326A005 21 additional information, part 6, dated (package)
November 20, 2020 Applicant response to first round request for ML21004A241 22 additional information, part 6, dated (package)
January 4, 2021 U.S. Army Corps of Engineers, Regulatory 23 Program, Approved Jurisdictional Determination ML21155A229 Form (Interim), Navigable Waters Protection Rule, dated April 1, 2021 24 Applicant response to second round request for ML21224A105 additional information, part 1, dated June 30, 2021 (package)
Applicant response to second round request for ML21228A201 25 additional information, part 2, dated (package)
August 16, 2021
 
6 Applicant response to second round request for ML21243A525 26 additional information, part 2, dated (package)
August 31, 2021 Applicant supplemental response to second round ML21304A003 27 request for additional information, dated (package)
October 29, 2021 28 Applicant response to third round request for ML22108A114 additional information, dated April 15, 2022 (package) 29 Applicant response to third round request for ML22227A156 additional information, dated August 15, 2022 (package)
Applicant supplemental response to third round ML22331A002 30 request for additional information, dated (package)
November 23, 2022 Applicant supplemental response to third round ML22357A117 31 request for additional information, dated (package)
December 23, 2022 Applicant supplemental response to third round ML23020A128 32 request for additional information, dated (package)
January 20, 2023 NUREG-2237, Environmental Impact Statement for the Holtec Internationals License Application 33 for a Consolidated Interim Storage Facility for ML20069G420 Spent Nuclear Fuel and High Level Waste Draft Report for Comment, dated March 2020 34 Overview of the Draft Environmental Impact Statement, dated March 2020 ML20073P254 Overview of the Draft Environmental Impact 35 Statement (Spanish language version), dated ML20120A522 April 2020 NUREG-2237 "Environmental Impact Statement for the Holtec International's License Application 36 for a Consolidated Interim Storage Facility for ML22181B094 Spent Nuclear Fuel in Lea County, New Mexico" Final Report, dated July 2022 NUREG-2237, Supplement 1, Environmental Impact Statement for Holtec Internationals 37 License Application for a Consolidated Interim ML22299A238 Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico, dated October 2022 Final Safety Evaluation Report for the HI-STORE Consolidated Interim Storage Facility 38 Independent Spent Fuel Storage Installation ML23075A183 Specific Materials License No. SNM-2516, dated May 2023 39 NRC Staffs Record of Decision, dated May 9, 2023 ML23061A129
 
7 40 Materials License for Holtec International, dated ML23075A179 May 9, 2023 (package)


8 40 Materials License for Holtec International, dated May 9, 2023 ML23075A179 (package)
Dated: May 9, 2023.
Dated: May 9, 2023.
 
For the Nuclear Regulatory Commission.  
For the Nuclear Regulatory Commission.
/RA/
 
Shana R. Helton, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.}}
/RA/
 
Shana R. Helton, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.
 
8}}

Latest revision as of 10:11, 27 November 2024

Federal Register Notice for HI-STORE Consolidated Interim Storage Facility Record of Decision and Issuance of 10 CFR Part 72 Materials License SNM-2516
ML23055A131
Person / Time
Site: HI-STORE
Issue date: 05/09/2023
From: Shana Helton
Division of Fuel Management
To:
Holtec
References
NRC-2018-0052
Download: ML23055A131 (8)
v • d • e


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1051; NRC-2018-0052]

Holtec International HI-STORE Consolidated Interim Storage Facility AGENCY: Nuclear Regulatory Commission.

ACTION: License; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) has issued Materials License No. SNM-2516 to Holtec International (Holtec) to construct and operate the HI-STORE Consolidated Interim Storage Facility (CISF) as proposed in its license application, as amended, and to receive, possess, store, and transfer spent nuclear fuel at the HI-STORE CISF in Lea County, New Mexico. Holtec will be required to operate under the conditions listed in Materials License No. SNM-2516. The NRC staff has published a record of decision (ROD) that supports the NRCs decision to approve Holtecs license application for the HI-STORE CIS Facility and to issue the license.

DATE: May 12, 2023.

ADDRESSES: Please refer to Docket ID NRC-2018-0052 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-2018-0052. 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.

2 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 Availability of Documents section of this document.

NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jose Cuadrado, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0606; email: Jose.Cuadrado-Caraballo@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Discussion The NRC has issued a license to Holtec for its HI-STORE CISF in Lea County, New Mexico (ADAMS Package Accession No. ML23075A179). Materials License No.

SNM-2516 authorizes Holtec to construct and operate its facility as proposed in its license application, as amended, and to receive, possess, store, and transfer spent

3 nuclear fuel at the HI-STORE CISF. The license authorizes Holtec to store up to 8,680 metric tons of uranium [9,568 short tons] of spent nuclear fuel for a license period of 40 years. Holtec will be required to operate under the conditions listed in Materials License No. SNM-2516.

The NRC staffs ROD that supports the NRCs decision to approve Holtecs license application for the HI-STORE CIS Facility and to issue Materials License No.

SNM-2516 is available in ADAMS under Accession No. ML23061A129. 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, the final EIS for Holtecs license application for a CISF for spent nuclear fuel in Lea County, New Mexico (ADAMS Accession No. ML22181B094), and Supplement 1 (ADAMS Accession No. ML22299A238), 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 Holtec 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 Holtecs responses to the NRC staffs requests for additional information; (ii) consultation with Federal, State, Tribal, and local agencies and

4 input from other stakeholders, including members of the public; and (iii) the assessments provided in the final EIS.

The NRC staff prepared a final safety evaluation report that documents the staffs safety and security review of the application (ADAMS Accession No. ML23075A183).

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-2018-0052 and NRC-2018-0055. These documents for the Holtec 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.

Holtecs request for a materials license was previously noticed in the Federal Register on March 19, 2018 (83 FR 12034). A notice with an opportunity to request a hearing and to petition for leave to intervene was published in the Federal Register on July 16, 2018 (83 FR 32919). Six groups of petitioners filed petitions to intervene. An Atomic Safety and Licensing Board considered the petitions and its corresponding contentions. The Board determined that none of the petitions met the criteria for admissibility and terminated the adjudicatory proceeding. Intervenors appealed the decisions to the Commission, and the Commission, in several orders, affirmed all of the Board decisions.

In issuing a materials license to Holtec for the HI-STORE CISF, the NRC has determined based on its review of this application that there is reasonable assurance

5 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 Description ADAMS Accession No.

1 Initial license application, dated March 30, 2017 ML17115A431 (package) 2 Applicant response to request for supplemental information, dated October 6, 2017 ML17310A218 (package) 3 Applicant response to request for supplemental information, dated December 21, 2017 ML17362A097 (package) 4 Applicant response to request for supplemental information, dated December 22, 2017 ML18011A158 5

License application, dated February 23, 2018 ML18058A617 (package) 6 Applicant response to first round request for additional information, part 1, dated May 24, 2018 ML18150A319 (package) 7 Applicant response to first round request for additional information, part 1, dated July 27, 2018 ML18213A206 (package) 8 Applicant supplemental response to first round request for additional information, part 1, dated May 11, 2021 ML21131A199 (package) 9 Applicant response to first round request for additional information, part 2, dated November 30, 2018 ML18345A153 (package)

6 10 Applicant response to first round request for additional information, part 2, dated January 31, 2019 ML19037A280 (package) 11 Applicant response to first round request for additional information, part 3, dated March 30, 2019 ML19094A271 12 Applicant response to first round request for additional information, part 3, dated March 30, 2019 ML19106A183 (package) 13 Applicant safeguards information, supplemental response to request for additional information, dated March 2, 2020 ML20065H155 14 Applicant response to first round request for additional information, part 4, dated March 15, 2019 ML19081A083 (package) 15 Applicant response to first round request for additional information, part 4, July 19, 2019, follow-up, dated August 26, 2019 ML19248C140 (package) 16 Applicant response to December 26, 2019, emergency response plan clarification request for additional information, dated June 1, 2020 ML20153A783 (package) 17 Applicant response to first round request for additional information, part 5, dated June 1, 2020 ML20153A777 (package) 18 Applicant response to first round request for additional information, part 5, dated September 16, 2020 ML20260H139 (package) 19 Applicant response to first round request for additional information, part 6, dated October 9, 2020 ML20283A789 (package) 20 Applicant response, supporting information, to first round request for additional information, part 6, dated October 9, 2020 ML20290A465 21 Applicant response to first round request for additional information, part 6, dated November 20, 2020 ML20326A005 (package) 22 Applicant response to first round request for additional information, part 6, dated January 4, 2021 ML21004A241 (package) 23 U.S. Army Corps of Engineers, Regulatory Program, Approved Jurisdictional Determination Form (Interim), Navigable Waters Protection Rule, dated April 1, 2021 ML21155A229 24 Applicant response to second round request for additional information, part 1, dated June 30, 2021 ML21224A105 (package) 25 Applicant response to second round request for additional information, part 2, dated August 16, 2021 ML21228A201 (package)

7 26 Applicant response to second round request for additional information, part 2, dated August 31, 2021 ML21243A525 (package) 27 Applicant supplemental response to second round request for additional information, dated October 29, 2021 ML21304A003 (package) 28 Applicant response to third round request for additional information, dated April 15, 2022 ML22108A114 (package) 29 Applicant response to third round request for additional information, dated August 15, 2022 ML22227A156 (package) 30 Applicant supplemental response to third round request for additional information, dated November 23, 2022 ML22331A002 (package) 31 Applicant supplemental response to third round request for additional information, dated December 23, 2022 ML22357A117 (package) 32 Applicant supplemental response to third round request for additional information, dated January 20, 2023 ML23020A128 (package) 33 NUREG-2237, Environmental Impact Statement for the Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel and High Level Waste Draft Report for Comment, dated March 2020 ML20069G420 34 Overview of the Draft Environmental Impact Statement, dated March 2020 ML20073P254 35 Overview of the Draft Environmental Impact Statement (Spanish language version), dated April 2020 ML20120A522 36 NUREG-2237 "Environmental Impact Statement for the Holtec International's License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico" Final Report, dated July 2022 ML22181B094 37 NUREG-2237, Supplement 1, Environmental Impact Statement for Holtec Internationals License Application for a Consolidated Interim Storage Facility for Spent Nuclear Fuel in Lea County, New Mexico, dated October 2022 ML22299A238 38 Final Safety Evaluation Report for the HI-STORE Consolidated Interim Storage Facility Independent Spent Fuel Storage Installation Specific Materials License No. SNM-2516, dated May 2023 ML23075A183 39 NRC Staffs Record of Decision, dated May 9, 2023 ML23061A129

8 40 Materials License for Holtec International, dated May 9, 2023 ML23075A179 (package)

Dated: May 9, 2023.

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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