[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Pages 8773-8776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01973]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1050; NRC-2016-0231]


Waste Control Specialists LLC's Consolidated Interim Spent Fuel 
Storage Facility Project

AGENCY: Nuclear Regulatory Commission.

ACTION: License application; docketing and opportunity to request a 
hearing and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received a 
license application from Waste Control Specialists, LLC (WCS), by 
letter dated April 28, 2016, as supplemented on July 20, August 19, 
August 31, September 27, October 7, November 16, December 16, and 
December 22, 2016, respectively. By this application, WCS is requesting 
authorization to construct and operate a Consolidated Interim Storage 
Facility (CISF) for spent nuclear fuel at WCS's facility in Andrews 
County, Texas. If the application is approved and WCS is licensed by 
the NRC, they intend to store 5,000 metric tons uranium (MTU) in the 
CISF for a period of 40 years.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by March 31, 2017.

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

[[Page 8774]]

information related to this document using any of the following 
methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0231. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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]. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

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

    The NRC received an application from WCS for a specific license 
pursuant to part 72 of title 10 of the Code of Federal Regulations (10 
CFR), ``Licensing Requirements for the Independent Storage of Spent 
Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater 
Than Class C Waste.'' The WCS is proposing to construct a CISF on its 
approximately 60.3 square kilometer (14,900 acre) site in western 
Andrews County, Texas. On this site, WCS currently operates facilities 
that process and store Low-Level Waste and Mixed Waste (i.e., waste 
that is considered both hazardous waste and Low-Level Waste). The 
facility also disposes of both hazardous waste and toxic waste.
    According to its application WCS plans to construct the CISF in 
eight phases. Phase one of the CISF would be designed to provide 
storage for up to 5,000 MTU received from commercial nuclear power 
reactors across the United States. The WCS proposes that small amounts 
of mixed oxide spent fuels and greater than Class C wastes also be 
stored at the CISF. The WCS stated that it would design each subsequent 
phase of the CISF to store up to an additional 5,000 MTU for a total of 
up to 40,000 MTU being stored at the site by the completion of the 
final phases. Each phase would require NRC review and approval.
    The WCS would receive canisters containing spent nuclear fuel from 
the reactor sites, and once accepted at its site, WCS would transfer 
them into onsite dry cask storage systems. The WCS application stated 
that it would employ dry cask storage system technology that has been 
licensed by the NRC pursuant to part 72 of title 10 of the Code of 
Federal Regulations (10 CFR) at various commercial nuclear reactors 
across the country. The application also stated that the dry cask 
storage systems proposed for use at the CISF would be passive systems 
(i.e., not relying on any moving parts) which would provide physical 
protection, confinement, nuclear criticality control and radiation 
shielding for the safe storage of the spent nuclear fuel. The dry cask 
storage systems would be located on top of concrete pads constructed at 
the CISF. The applicant is requesting a 40-year license term.
    In a letter dated July 21, 2016, WCS also requested that the NRC 
initiate its environmental impact statement (EIS) process for the WCS 
application as soon as practicable. The NRC informed WCS of its 
decision to start the EIS process in advance of making a decision 
either to docket or to reject the application, in a letter dated 
October 7, 2016. On November 14, 2016, the NRC published a notice in 
the Federal Register (81 FR 79531) announcing its intent to prepare an 
EIS and to open an EIS scoping period.
    An NRC administrative completeness review found the application 
acceptable for a technical review. Prior to issuing the license, the 
NRC will need to make the findings required by the Atomic Energy Act of 
1954, as amended (AEA), and the NRC's regulations. The NRC's findings 
will be documented in a safety evaluation report and an EIS.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
persons (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 a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d), the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity

[[Page 8775]]

to participate fully in the conduct of the hearing with respect to 
resolution of that party's admitted contentions, including the 
opportunity to present evidence, consistent with the NRC's regulations, 
policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. 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). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by March 
31, 2017. The petition must be filed in accordance with the filing 
instructions in the ``Electronic Submissions (E-Filing)'' section of 
this document, and should meet the requirements for petitions set forth 
in this section. Alternatively, a State, local governmental body, 
Federally-recognized Indian Tribe, or agency thereof may participate as 
a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562, August 3, 2012). 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    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 hearing in this 
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 Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public Web site at http://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 time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice 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 so that they can 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 Web site at http://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 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a 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 by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://

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adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or 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. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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 are 
requested not to include copyrighted materials in their submission.

IV. Availability of Documents

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   The documents identified in this Federal
 Register notice are accessible to interested
 persons by the means indicated in either the   Document Adams accession
   SUPPLEMENTARY INFORMATION section of this               No.
         notice or in the table below.
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WCS's CISF license application, with            ML16133A070
 Environmental Report.
NRC request for supplemental information......  ML16175A277
WCS letter with schedule for response to NRC    ML16193A314
 request for supplemental information.
WCS initial information submittal in response   ML16229A537
 to NRC request for supplemental information.
WCS submittal of supplemental security          ML16235A467
 information.
WCS request for NRC to begin EIS process as     ML16229A340
 soon as practicable.
WCS second information submittal in response    ML16265A454
 to NRC request for supplemental information.
WCS submittal of supplemental security          ML16280A300
 information.
NRC response to WCS request to begin EIS        ML16285A317
 process as soon as practicable.
WCS submittal of third information set to NRC   ML16287A527
 request for supplemental information.
WCS fourth information submittal in response    ML16330A116
 to NRC request for supplemental information.
WCS fifth information submittal in response to  ML16356A346
 NRC request for supplemental information.
WCS sixth information submittal in response to  ML17018A292
 NRC request for supplemental information.
NRC letter accepting application for review...  ML17018A168
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    Dated at Rockville, Maryland, this 23rd day of January 2017.

    For the Nuclear Regulatory Commission.
John McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-01973 Filed 1-27-17; 8:45 am]
 BILLING CODE 7590-01-P