[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]


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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.

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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hearing on whether this action should be rescinded or modified.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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#76250217150f5825151e031b1718183618041558111900"><span class="__cf_email__" data-cfemail="76250217150f5825151e031b1718183618041558111900">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#1f4f5b4d314d7a6c706a6d7c7a5f716d7c31787069"><span class="__cf_email__" data-cfemail="164652443844736579636475735678647538717960">[email protected]</span></a>. 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.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#b9e9fdeb97ebdccad6cccbdadcf9d7cbda97ded6cf"><span class="__cf_email__" data-cfemail="7f2f3b2d512d1a0c100a0d1c1a3f110d1c51181009">[email protected]</span></a> 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: <a href="/cdn-cgi/l/email-protection#743e1b1c1a59371c15015a3a13010d111a341a06175a131b02"><span class="__cf_email__" data-cfemail="a1ebcec9cf8ce2c9c0d48fefc6d4d8c4cfe1cfd3c28fc6ced7">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#aae2cfcbd8c3c4cd84eec5c9c1cfdeeac4d8c984cdc5dc"><span class="__cf_email__" data-cfemail="d59db0b4a7bcbbb2fb91bab6beb0a195bba7b6fbb2baa3">[email protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#59140a111d770b3c2a362c2b3a3c19372b3a773e362f"><span class="__cf_email__" data-cfemail="dd908e9599f38fb8aeb2a8afbeb89db3afbef3bab2ab">[email protected]</span></a>, 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


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