[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34909-34911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12288]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-1050; NRC-2016-0231]
Interim Storage Partners, LLC; WCS Consolidated Interim Storage
Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment; issuance; opportunity to request a hearing
and to petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) reviewed an
application by the Interim Storage Partners, LLC (ISP) for an amendment
to Materials License No. SNM-2515, for the WCS Consolidated Interim
Storage Facility (CISF), located in Andrews County, Texas. The
amendment revises License Condition 17 to clarify the timing of
mandatory license amendment requests relating to incorporation of Aging
Management Programs (AMPs) for certain spent fuel storage casks with
renewed Certificates of Compliance. Interested persons may request a
hearing on whether this action should be rescinded or modified.
[[Page 34910]]
DATES: A request for a hearing or petition for leave to intervene must
be filed by August 8, 2022.
ADDRESSES: Please refer to Docket ID NRC-2016-0231 when contacting the
NRC about the availability of information regarding this document. You
may obtain 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: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain 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 NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. 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.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's 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
[email protected] 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: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated January 24, 2022, ISP submitted to the NRC an
application to amend the Materials License No. SNM-2515 for the WCS
CISF, located in Andrews County, Texas (ADAMS Accession No.
ML22024A142). 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, including a small quantity of mixed-oxide fuel, and
greater-than-Class-C radioactive waste at the WCS CISF. The proposed
amendment clarifies the timing for ISP to satisfy License Condition 17
pertaining to when the incorporation of any technically relevant
portions of AMPs in renewals of Certificate of Compliances (CoCs)
Numbers 1015, 1025, and 1031 is required so that incorporation of AMPs
and Time-Limited Aging Analyses can be combined with future amendments
of SNM-2515.
In a letter to ISP dated February 23, 2022, the NRC notified ISP
that the application was acceptable to begin a technical review (ADAMS
Accession No. ML22054A243). In accordance with Sec. 72.16 of title 10
of the Code of Federal Regulations (10 CFR), a notice of docketing was
published in the Federal Register on March 8, 2022 (87 FR 13013).
The NRC prepared a safety evaluation report (SER) (ADAMS Accession
No. ML22138A365) to document its review and evaluation of the amendment
request. As further explained in the SER, the NRC has determined that
the license amendment is administrative in nature, and therefore
satisfies the 10 CFR 51.22(c)(11) criteria for a categorical exclusion
from the requirement to prepare an environmental impact statement.
Under 10 CFR 51.22(c)(11), this action is eligible for categorical
exclusion, because it is an amendment to a materials license that is
administrative, organizational, or procedural in nature, or which
results in a change in process operations or equipment, provided that
(i) there is no significant change in the types or significant increase
in the amounts of any effluents that may be released offsite, (ii)
there is no significant increase in individual or cumulative
occupational radiation exposure, (iii) there is no significant
construction impact, and (iv) there is no significant increase in the
potential for or consequences from radiological accidents. This
administrative change would not result in any of the effects listed in
10 CFR 51.22(c)(11). Consequently, an environmental assessment and
finding of no significant impact are not required.
Upon completing its review, the NRC staff determined the request
complies with the standards and requirements of the Atomic Energy Act
of 1954, as amended (the Act), as well as the NRC's rules and
regulations. The Commission has made appropriate findings as required
by the Act and the Commission's rules and regulations in 10 CFR Chapter
I, which are set forth in the license amendment. The NRC approved and
issued Amendment No. 1 to Special Nuclear Materials License No. SNM-
2515, held by 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, including a small quantity of mixed-
oxide fuel, and greater-than-Class-C radioactive waste at the WCS CISF.
Amendment No. 1 was effective as of the date of issuance.
In accordance with 10 CFR 72.46(b)(2), the NRC has issued the
amendment based on a determination that Amendment No. 1 does not
present a genuine issue as to whether the health and safety of the
public will be significantly affected because, as discussed above, it
is administrative in nature and will affect no aspect of facility
safety or operations. Notice is hereby given of the right of interested
persons to request a hearing on whether the action should be rescinded
or modified.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or agency
[[Page 34911]]
thereof may participate as a non-party under 10 CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as
discussed below, is granted. Detailed guidance on electronic
submissions is located in the Guidance for Electronic Submissions to
the NRC (ADAMS Accession No. ML13031A056) and on the NRC website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system timestamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9:00
a.m. and 6:00 p.m., Eastern Time, Monday through Friday, excluding
government holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as described above, click ``cancel'' when the link requests
certificates and you will be automatically directed to the NRC's
electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
For the Nuclear Regulatory Commission.
Dated: June 2, 2022.
Yoira K. Sanabria-Diaz,
Chief, Storage and Transportation, Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2022-12288 Filed 6-7-22; 8:45 am]
BILLING CODE 7590-01-P