[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