81_FR_79750 81 FR 79531 - Waste Control Specialists LLC's Consolidated Interim Spent Fuel Storage Facility Project

81 FR 79531 - Waste Control Specialists LLC's Consolidated Interim Spent Fuel Storage Facility Project

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range79531-79534
FR Document2016-27353

The U.S. Nuclear Regulatory Commission (NRC) received a license application by letter dated April 28, 2016, from Waste Control Specialists LLC (WCS). 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 (the proposed action). The WCS intends to store up to 40,000 metric tons uranium in the CISF. The NRC will prepare an environmental impact statement (EIS) to document the potential environmental impacts from the proposed action. As part of the EIS development process, the NRC is seeking comments on the scope of its environmental review.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016)
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79531-79534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27353]


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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: Intent to prepare an environmental impact statement and conduct 
a scoping process; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received a 
license application by letter dated April 28, 2016, from Waste Control 
Specialists LLC (WCS). 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 (the proposed action). The WCS intends to store up to 
40,000 metric tons uranium in the CISF. The NRC will prepare an 
environmental impact statement (EIS) to document the potential 
environmental impacts from the proposed action. As part of the EIS 
development process, the NRC is seeking comments on the scope of its 
environmental review.

DATES: The scoping period begins on November 14, 2016, and, if the 
application is docketed, will end 45 days after publication of a notice 
of docketing the WCS application.

ADDRESSES: You may submit scoping comments by any of the following 
methods (unless this document describes a different method for 
submitting comments on a specific subject):
     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.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Email Comments to: You may email scoping comments to the 
Project's email address: [email protected]. Comments must be 
submitted by the closing date of the scoping period to ensure 
consideration.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: James Park, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington 
DC, 20555-0001; telephone: 301-415-6954; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    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 action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0231.
     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]. In 
addition, for the convenience of the reader, instructions about 
obtaining materials referenced in this document are provided in a table 
in Section VII of this notice entitle, Availability of Documents.
     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.
     Project Web page: Information related to the WCS CISF 
project can be accessed on the NRC's WCS CISF Web page at: http://www.nrc.gov/waste/spent-fuel-storage/cis/waste-control-specialist.html.

B. Submitting Comments

    Please include Docket ID NRC-2016-0231 in your comment submission. 
Written comments may be submitted

[[Page 79532]]

during the scoping period as described in the ADDRESSES section of the 
document.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

    By letter dated April 28, 2016, WCS submitted an application to the 
NRC 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 
seeking to construct and operate a consolidated interim storage 
facility (CISF) for spent nuclear fuel at WCS's facility in Andrews 
County, Texas. As proposed by WCS, the CISF would store up to 40,000 
metric tons uranium (MTU) for a 40-year license period. The WCS site is 
located on Texas Highway 176 West, approximately 32 miles west of 
Andrews, Texas and 5 miles east of Eunice, New Mexico.
    The NRC staff is conducting an acceptance review of WCS's license 
application to determine if it contains sufficient information for NRC 
to conduct a detailed technical review. By letter dated June 22, 2016, 
the NRC staff provided the results of its acceptance review to WCS and 
requested supplemental information in order to accept the application 
for detailed review. WCS, by letter dated July 6, 2016, provided its 
schedule for submitting the supplemental information, noting that it 
would provide information related to its environmental report (ER) by 
July 20, 2016. The WCS provided the supplemental information related to 
its ER and a revised ER on July 20, 2016. The ER can be found on the 
NRC's project-specific Web page at: http://www.nrc.gov/waste/spent-fuel-storage/cis/wcs/wcs-app-docs.html.
    In its July 6, 2016, letter, WCS also stated its intent to provide 
supplemental information for the safety analysis report (SAR), physical 
security plan (PSP), and emergency response plan (ERP) portions of the 
license application. If, after receiving and reviewing that 
supplemental information for the SAR, PSP, and ERP portions of the 
application, the NRC staff determines that it is sufficient to conduct 
the detailed technical review, the NRC will publish in the Federal 
Register a notice of docketing of WCS's license application and a 
notice of opportunity to request a hearing. Accordingly, no requests 
for hearing should be filed unless and until the NRC has accepted WCS's 
complete application for detailed review.
    By letter dated July 21, 2016, WCS requested that the NRC begin its 
EIS process as soon as practicable. In an October 7, 2016 response, the 
NRC staff stated that it would begin the EIS process in advance of its 
decision on whether to accept the WCS application, because it would 
further the purposes of the staff's NEPA review. The NRC staff also 
stated that this decision does not presuppose the outcome of its 
ongoing acceptance review of the WCS application.
    The purpose of this notice is to: (1) Inform the public that the 
NRC staff will prepare an EIS as part of its review of WCS's license 
application in accordance with 10 CFR part 51 ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions,'' and (2) provide the public with an opportunity to 
participate in the environmental scoping process as defined in 10 CFR 
51.29. In addition, as outlined in 36 CFR 800.8, ``Coordination with 
the National Environmental Policy Act,'' the NRC plans to coordinate 
compliance with Section 106 of the National Historic Preservation Act 
in meeting the requirements of the National Environmental Policy Act of 
1969 (NEPA). The NRC staff also will document its compliance with other 
applicable federal statutes, such as the Endangered Species Act, in the 
EIS.

III. Environmental Review

    The EIS prepared by the NRC staff will examine the potential 
environmental impacts of the proposed action. The NRC staff will 
evaluate the potential impacts to various environmental resources, such 
as air quality, surface and ground water, transportation, geology and 
soils, and socioeconomics. The EIS will analyze potential impacts of 
WCS's proposed facility on historic and cultural resources and on 
threatened and endangered species. Additionally, the economic, 
technical, and other benefits and costs of the proposed action and 
alternatives will be considered in the EIS.
    If the application is accepted for a detailed technical review, the 
NRC staff will also conduct a safety review to determine WCS's 
compliance with NRC's regulations, including 10 CFR part 20, 
``Standards for Protection Against Radiation'' and 10 CFR part 72. The 
NRC staff's findings would be published in a safety evaluation report.

IV. CISF Construction and Operation

    The NRC's Federal action is to either grant or deny WCS's request 
for a license. If the NRC approves WCS's request, then WCS could 
proceed with the proposed project--the construction and operation of 
the CISF--as described in its application and summarized here.
    The WCS proposes to construct the 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 
certain types of radioactive material, mainly Low-Level Waste (LLW) and 
Mixed Waste (i.e., waste that is both hazardous waste and LLW). The 
facility also disposes of hazardous and toxic waste.
    The 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 of 
spent nuclear fuel 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 (GTCC) LLW 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 phase. 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 stated that it would 
employ dry cask storage system technology that has been licensed by the 
NRC pursuant to 10 CFR part 72 at various commercial nuclear reactors 
across the country. The WCS stated that the dry cask storage systems 
proposed for use at the CISF would be passive systems (i.e., not

[[Page 79533]]

relying on any moving parts) and would provide physical protection, 
containment, nuclear criticality controls and radiation shielding 
required for the safe storage of the spent nuclear fuel. The WCS also 
stated that the dry cask storage systems would be located on top of the 
concrete pads constructed at the CISF. The WCS is requesting a license 
for a term of 40 years.

V. Alternatives To Be Evaluated

    The EIS will analyze the environmental impacts of the proposed 
action, the no-action alternative, and reasonable alternatives. A brief 
description of each is provided below.
    No-Action Alternative--The no-action alternative would be to deny 
the license application. Under this alternative, the NRC would not 
issue the license and WCS would not construct nor operate the CISF at 
its site in west Texas. Existing waste handling, storage, and disposal 
operations at the WCS site unrelated to storage of spent nuclear fuel 
would continue. This alternative serves as a baseline for the 
comparison of environmental impacts of the proposed action and the 
reasonable alternatives.
    Proposed action--The proposed Federal action is to issue a license 
to WCS authorizing the company to construct and operate the CISF. If 
the NRC approves the license application, it would issue WCS a specific 
license under the provisions of 10 CFR part 72, and WCS would proceed 
with the proposed activities.
    Alternatives to the Proposed Action--Other alternatives not listed 
here may be identified during scoping or through the environmental 
review process.

VI. Scope of the Environmental Review

    The NRC staff is conducting a scoping process for the WCS EIS, 
which begins on the day this notice appears in the Federal Register. In 
accordance with 10 CFR 51.29, the NRC seeks public input to help the 
NRC determine the appropriate scope of the EIS, including significant 
environmental issues to be analyzed in depth, as well as those that 
should be eliminated from detailed study because they are peripheral or 
are not significant. The NRC staff is planning to publish information 
related to this action in newspapers serving communities near the WCS 
site, requesting information and comments during the scoping period 
from the public. Additionally, if WCS's application is found acceptable 
for detailed review, the NRC may hold public scoping meetings to 
receive comments in person in accordance with 10 CFR 51.26. The dates, 
times, and locations for any meetings will be provided in a future 
Federal Register notice.
    After the close of the scoping period, the NRC will prepare a 
concise summary of its scoping process, the comments received, as well 
as the NRC's responses. The Scoping Summary Report will be included in 
NRC's draft EIS as an appendix and sent to each participant in the 
scoping process for whom the staff has an address.
    The WCS EIS will address the potential impacts from the proposed 
action. The anticipated scope of the EIS will consider both 
radiological and non-radiological (including chemical) impacts 
associated with the proposed project and its alternatives. The EIS will 
also consider unavoidable adverse environmental impacts, the 
relationship between short-term uses of resources and long-term 
productivity, and irreversible and irretrievable commitments of 
resources. The following resource areas have been tentatively 
identified for analysis in the WCS EIS: Land use, transportation, 
geology and soils, water resources, ecological resources, air quality 
and climate change, noise, historical and cultural resources, visual 
and scenic resources, socioeconomics, public and occupational health, 
waste management, environmental justice, and cumulative impacts. This 
list is not intended to be exhaustive, nor is it a predetermination of 
potential environmental impacts. The EIS will describe the NRC staff's 
approach and methodology undertaken to determine the resource areas 
that will be studied in detail and the NRC staff's evaluation of 
potential impacts to those resource areas.
    The NRC encourages members of the public, local, State, Tribal, and 
Federal government agencies to participate in the scoping process. 
Written comments may be submitted during the scoping period as 
described in the ADDRESSES and SUPPLEMENTARY INFORMATION section of 
this document. Participation in the scoping process for the WCS EIS 
does not entitle participants to become parties to any proceeding to 
which the EIS relates.
    In addition to requesting scoping comments through this Federal 
Register notice, the NRC staff also intends to reach out to interested 
stakeholders, including other Federal and State agencies and Indian 
Tribes. The NRC staff seeks to identify, among other things, all review 
and consultation requirements related to the proposed action, and 
agencies with jurisdiction by law or special expertise with respect to 
any environmental impact involved or which is authorized to develop and 
enforce relevant environmental standards. The NRC invites such agencies 
to participate in the scoping process and, as appropriate, cooperate in 
the preparation of the EIS.
    The NRC staff will continue its environmental review of WCS's 
license application, and with its contractor, prepare a draft EIS and, 
as soon as practicable, publish it for public comment. The NRC staff 
plans to have a public comment period for the draft EIS. Availability 
of the draft EIS and the dates of the public comment period will be 
announced in a future Federal Register notice. The final EIS will 
include NRC's responses to public comments received on the draft EIS.

VII. Availability of Documents

    The documents identified in this Federal Register notice are 
accessible to interested persons by the means indicated in either the 
SUPPLEMENTARY INFORMATION section of this notice or in the table below.

------------------------------------------------------------------------
                                                               ADAMS
                        Document                          Accession  No.
------------------------------------------------------------------------
WCS's CISF license application, with Environmental           ML16133A070
 Report.................................................
NRC request for supplemental information................     ML16175A277
WCS letter with schedule for response to NRC request for     ML16193A314
 supplemental information...............................
WCS submittal of initial responses to NRC request for        ML16229A537
 supplemental information...............................
WCS request for NRC to begin EIS process as soon as          ML16229A340
 practicable............................................
WCS submittal of second responses to NRC request for         ML16265A454
 supplemental information...............................
NRC response to WCS request to begin EIS process as soon     ML16285A317
 as practicable.........................................
WCS submittal of third responses to NRC request for          ML16294A134
 supplemental information...............................
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[[Page 79534]]

    Dated at Rockville, Maryland, this 4th day of November, 2016.

    For the U.S. Nuclear Regulatory Commission.
Brian W. Smith,
Deputy Director, Division of Fuel Cycle Safety, Safeguards, and 
Environmental Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-27353 Filed 11-10-16; 8:45 am]
BILLING CODE 7590-01-P



                                                                             Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                           79531

                                                     7. The estimated number of annual                      For the Nuclear Regulatory Commission.                • Email Comments to: You may email
                                                  responses: 4,200.                                       David Cullison,                                       scoping comments to the Project’s email
                                                     8. The estimated number of annual                    NRC Clearance Officer, Office of the Chief            address: WCS_CISF_EIS@nrc.gov.
                                                  respondents: 4,200.                                     Information Officer.                                  Comments must be submitted by the
                                                                                                          [FR Doc. 2016–27225 Filed 11–10–16; 8:45 am]          closing date of the scoping period to
                                                     9. An estimate of the total number of                                                                      ensure consideration.
                                                                                                          BILLING CODE 7590–01–P
                                                  hours needed annually to comply with                                                                            For additional direction on obtaining
                                                  the information collection requirement                                                                        information and submitting comments,
                                                  or request: 1,087.5.                                    NUCLEAR REGULATORY                                    see ‘‘Obtaining Information and
                                                     10. Abstract: The information                        COMMISSION                                            Submitting Comments’’ in the
                                                  collection activity will garner                                                                               SUPPLEMENTARY INFORMATION section of
                                                                                                          [Docket No. 72–1050; NRC–2016–0231]
                                                  qualitative customer and stakeholder                                                                          this document.
                                                  feedback in an efficient, timely manner,                Waste Control Specialists LLC’s                       FOR FURTHER INFORMATION CONTACT:
                                                  for the purpose of improving service                    Consolidated Interim Spent Fuel                       James Park, Office of Nuclear Material
                                                  delivery. By qualitative feedback we                    Storage Facility Project                              Safety and Safeguards, U.S. Nuclear
                                                  mean information that provides useful                                                                         Regulatory Commission, Washington
                                                                                                          AGENCY:  Nuclear Regulatory                           DC, 20555–0001; telephone: 301–415–
                                                  insights on perceptions and opinions,                   Commission.
                                                  but are not statistical surveys that yield                                                                    6954; email: James.Park@nrc.gov.
                                                                                                          ACTION: Intent to prepare an                          SUPPLEMENTARY INFORMATION:
                                                  quantitative results that can be
                                                                                                          environmental impact statement and
                                                  generalized to the population of study.                                                                       I. Obtaining Information and
                                                                                                          conduct a scoping process; request for
                                                  This feedback will provide insights into                                                                      Submitting Comments
                                                                                                          comment.
                                                  customer or stakeholder perceptions,
                                                  experiences and expectations, provide                                                                         A. Obtaining Information
                                                                                                          SUMMARY:   The U.S. Nuclear Regulatory
                                                  an early warning of issues with service,                Commission (NRC) received a license                      Please refer to Docket ID NRC–2016–
                                                  or focus attention on areas where                       application by letter dated April 28,                 0231 when contacting the NRC about
                                                  communication, training or changes in                   2016, from Waste Control Specialists                  the availability of information regarding
                                                  operations might improve delivery of                    LLC (WCS). By this application, WCS is                this document. You may obtain
                                                  products or services. These collections                 requesting authorization to construct                 publicly-available information related to
                                                  will allow for ongoing, collaborative and               and operate a Consolidated Interim                    this action by the following methods:
                                                  actionable communications between the                   Storage Facility (CISF) for spent nuclear                • Federal Rulemaking Web site: Go to
                                                  Agency and its customers and                            fuel at WCS’s facility in Andrews                     http://www.regulations.gov and search
                                                  stakeholders. It will also allow feedback               County, Texas (the proposed action).                  for Docket ID NRC–2016–0231.
                                                                                                          The WCS intends to store up to 40,000                    • NRC’s Agencywide Documents
                                                  to contribute directly to the
                                                                                                          metric tons uranium in the CISF. The                  Access and Management System
                                                  improvement of program management.
                                                                                                          NRC will prepare an environmental                     (ADAMS): You may obtain publicly-
                                                  Feedback collected under this generic
                                                                                                          impact statement (EIS) to document the                available documents online in the
                                                  clearance will provide useful                                                                                 ADAMS Public Documents collection at
                                                  information, but it will not yield data                 potential environmental impacts from
                                                                                                          the proposed action. As part of the EIS               http://www.nrc.gov/reading-rm/
                                                  that can be generalized to the overall                                                                        adams.html. To begin the search, select
                                                  population. This type of generic                        development process, the NRC is
                                                                                                          seeking comments on the scope of its                  ‘‘ADAMS Public Documents’’ and then
                                                  clearance for qualitative information                                                                         select ‘‘Begin Web-based ADAMS
                                                  will not be used for quantitative                       environmental review.
                                                                                                                                                                Search.’’ For problems with ADAMS,
                                                  information collections that are                        DATES: The scoping period begins on
                                                                                                                                                                please contact the NRC’s Public
                                                  designed to yield reliably actionable                   November 14, 2016, and, if the                        Document Room (PDR) reference staff at
                                                  results, such as monitoring trends over                 application is docketed, will end 45                  1–800–397–4209, 301–415–4737, or by
                                                  time or documenting program                             days after publication of a notice of                 email to pdr.resource@nrc.gov. In
                                                  performance. Such data uses require                     docketing the WCS application.                        addition, for the convenience of the
                                                  more rigorous designs that address: The                 ADDRESSES: You may submit scoping                     reader, instructions about obtaining
                                                  target population to which                              comments by any of the following                      materials referenced in this document
                                                  generalizations will be made, the                       methods (unless this document                         are provided in a table in Section VII of
                                                  sampling frame, the sample design                       describes a different method for                      this notice entitle, Availability of
                                                  (including stratification and clustering),              submitting comments on a specific                     Documents.
                                                  the precision requirements or power                     subject):                                                • NRC’S PDR: You may examine and
                                                  calculations that justify the proposed                    • Federal Rulemaking Web site: Go to                purchase copies of public documents at
                                                  sample size, the expected response rate,                http://www.regulations.gov and search                 the NRC’s PDR, Room O1–F21, One
                                                  methods for assessing potential                         for Docket ID NRC–2016–0231. Address                  White Flint North, 11555 Rockville
                                                  nonresponse bias, the protocols for data                questions about NRC dockets to Carol                  Pike, Rockville, Maryland 20852.
                                                  collection, and any testing procedures
                                                                                                          Gallagher; telephone: 301–415–3463;                      • Project Web page: Information
                                                                                                          email: Carol.Gallagher@nrc.gov. For                   related to the WCS CISF project can be
                                                  that were or will be undertaken prior to
                                                                                                          technical questions, contact the                      accessed on the NRC’s WCS CISF Web
                                                  fielding the study. Depending on the
                                                                                                          individual listed in the FOR FURTHER
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                                                  degree of influence the results are likely                                                                    page at: http://www.nrc.gov/waste/
                                                                                                          INFORMATION CONTACT section of this                   spent-fuel-storage/cis/waste-control-
                                                  to have, such collections may still be                  document.                                             specialist.html.
                                                  eligible for submission for other generic                 • Mail comments to: Cindy Bladey,
                                                  mechanisms that are designed to yield                   Office of Administration, Mail Stop:                  B. Submitting Comments
                                                  quantitative results.                                   OWFN–12–H08, U.S. Nuclear                               Please include Docket ID NRC–2016–
                                                    Dated at Rockville, Maryland, this 4th day            Regulatory Commission, Washington,                    0231 in your comment submission.
                                                  of November 2016.                                       DC 20555–0001.                                        Written comments may be submitted


                                             VerDate Sep<11>2014   17:26 Nov 10, 2016   Jkt 241001   PO 00000   Frm 00121   Fmt 4703   Sfmt 4703   E:\FR\FM\14NON1.SGM   14NON1


                                                  79532                      Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

                                                  during the scoping period as described                  ER and a revised ER on July 20, 2016.                 transportation, geology and soils, and
                                                  in the ADDRESSES section of the                         The ER can be found on the NRC’s                      socioeconomics. The EIS will analyze
                                                  document.                                               project-specific Web page at: http://                 potential impacts of WCS’s proposed
                                                    The NRC cautions you not to include                   www.nrc.gov/waste/spent-fuel-storage/                 facility on historic and cultural
                                                  identifying or contact information that                 cis/wcs/wcs-app-docs.html.                            resources and on threatened and
                                                  you do not want to be publicly                             In its July 6, 2016, letter, WCS also              endangered species. Additionally, the
                                                  disclosed in your comment submission.                   stated its intent to provide supplemental             economic, technical, and other benefits
                                                  The NRC posts all comment                               information for the safety analysis                   and costs of the proposed action and
                                                  submissions at http://                                  report (SAR), physical security plan                  alternatives will be considered in the
                                                  www.regulations.gov as well as entering                 (PSP), and emergency response plan                    EIS.
                                                  the comment submissions into ADAMS.                     (ERP) portions of the license                            If the application is accepted for a
                                                  The NRC does not routinely edit                         application. If, after receiving and                  detailed technical review, the NRC staff
                                                  comment submissions to remove                           reviewing that supplemental                           will also conduct a safety review to
                                                  identifying or contact information.                     information for the SAR, PSP, and ERP                 determine WCS’s compliance with
                                                    If you are requesting or aggregating                  portions of the application, the NRC                  NRC’s regulations, including 10 CFR
                                                  comments from other persons for                         staff determines that it is sufficient to             part 20, ‘‘Standards for Protection
                                                  submission to the NRC, then you should                  conduct the detailed technical review,                Against Radiation’’ and 10 CFR part 72.
                                                  inform those persons not to include                     the NRC will publish in the Federal                   The NRC staff’s findings would be
                                                  identifying or contact information that                 Register a notice of docketing of WCS’s               published in a safety evaluation report.
                                                  they do not want to be publicly                         license application and a notice of
                                                  disclosed in their comment submission.                                                                        IV. CISF Construction and Operation
                                                                                                          opportunity to request a hearing.
                                                  Your request should state that the NRC                  Accordingly, no requests for hearing                     The NRC’s Federal action is to either
                                                  does not routinely edit comment                         should be filed unless and until the                  grant or deny WCS’s request for a
                                                  submissions to remove such information                  NRC has accepted WCS’s complete                       license. If the NRC approves WCS’s
                                                  before making the comment                               application for detailed review.                      request, then WCS could proceed with
                                                  submissions available to the public or                     By letter dated July 21, 2016, WCS                 the proposed project—the construction
                                                  entering the comment submissions into                   requested that the NRC begin its EIS                  and operation of the CISF—as described
                                                  ADAMS.                                                  process as soon as practicable. In an                 in its application and summarized here.
                                                                                                          October 7, 2016 response, the NRC staff                  The WCS proposes to construct the
                                                  II. Background                                                                                                CISF on its approximately 60.3 square
                                                                                                          stated that it would begin the EIS
                                                     By letter dated April 28, 2016, WCS                  process in advance of its decision on                 kilometer (14,900 acre) site in western
                                                  submitted an application to the NRC for                 whether to accept the WCS application,                Andrews County, Texas. On this site,
                                                  a specific license, pursuant to part 72 of              because it would further the purposes of              WCS currently operates facilities that
                                                  title 10 of the Code of Federal                         the staff’s NEPA review. The NRC staff                process and store certain types of
                                                  Regulations (10 CFR), ‘‘Licensing                       also stated that this decision does not               radioactive material, mainly Low-Level
                                                  Requirements for the Independent                        presuppose the outcome of its ongoing                 Waste (LLW) and Mixed Waste (i.e.,
                                                  Storage of Spent Nuclear Fuel, High-                    acceptance review of the WCS                          waste that is both hazardous waste and
                                                  Level Radioactive Waste, and Reactor-                   application.                                          LLW). The facility also disposes of
                                                  Related Greater Than Class C Waste.’’                      The purpose of this notice is to: (1)              hazardous and toxic waste.
                                                  The WCS is seeking to construct and                     Inform the public that the NRC staff will                The WCS plans to construct the CISF
                                                  operate a consolidated interim storage                  prepare an EIS as part of its review of               in eight phases. Phase one of the CISF
                                                  facility (CISF) for spent nuclear fuel at               WCS’s license application in accordance               would be designed to provide storage
                                                  WCS’s facility in Andrews County,                       with 10 CFR part 51 ‘‘Environmental                   for up to 5,000 MTU of spent nuclear
                                                  Texas. As proposed by WCS, the CISF                     Protection Regulations for Domestic                   fuel received from commercial nuclear
                                                  would store up to 40,000 metric tons                    Licensing and Related Regulatory                      power reactors across the United States.
                                                  uranium (MTU) for a 40-year license                     Functions,’’ and (2) provide the public               The WCS proposes that small amounts
                                                  period. The WCS site is located on                      with an opportunity to participate in the             of mixed oxide spent fuels and Greater
                                                  Texas Highway 176 West,                                 environmental scoping process as                      Than Class C (GTCC) LLW wastes also
                                                  approximately 32 miles west of                          defined in 10 CFR 51.29. In addition, as              be stored at the CISF. The WCS stated
                                                  Andrews, Texas and 5 miles east of                      outlined in 36 CFR 800.8, ‘‘Coordination              that it would design each subsequent
                                                  Eunice, New Mexico.                                     with the National Environmental Policy                phase of the CISF to store up to an
                                                     The NRC staff is conducting an                       Act,’’ the NRC plans to coordinate                    additional 5,000 MTU for a total of up
                                                  acceptance review of WCS’s license                      compliance with Section 106 of the                    to 40,000 MTU being stored at the site
                                                  application to determine if it contains                 National Historic Preservation Act in                 by the completion of the final phase.
                                                  sufficient information for NRC to                       meeting the requirements of the                       Each phase would require NRC review
                                                  conduct a detailed technical review. By                 National Environmental Policy Act of                  and approval.
                                                  letter dated June 22, 2016, the NRC staff               1969 (NEPA). The NRC staff also will                     The WCS would receive canisters
                                                  provided the results of its acceptance                  document its compliance with other                    containing spent nuclear fuel from the
                                                  review to WCS and requested                             applicable federal statutes, such as the              reactor sites, and once accepted at its
                                                  supplemental information in order to                    Endangered Species Act, in the EIS.                   site, WCS would transfer them into
                                                  accept the application for detailed                                                                           onsite dry cask storage systems. The
                                                  review. WCS, by letter dated July 6,                    III. Environmental Review                             WCS stated that it would employ dry
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                                                  2016, provided its schedule for                            The EIS prepared by the NRC staff                  cask storage system technology that has
                                                  submitting the supplemental                             will examine the potential                            been licensed by the NRC pursuant to
                                                  information, noting that it would                       environmental impacts of the proposed                 10 CFR part 72 at various commercial
                                                  provide information related to its                      action. The NRC staff will evaluate the               nuclear reactors across the country. The
                                                  environmental report (ER) by July 20,                   potential impacts to various                          WCS stated that the dry cask storage
                                                  2016. The WCS provided the                              environmental resources, such as air                  systems proposed for use at the CISF
                                                  supplemental information related to its                 quality, surface and ground water,                    would be passive systems (i.e., not


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                                                                                   Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                                                               79533

                                                  relying on any moving parts) and would                              should be eliminated from detailed                                   be studied in detail and the NRC staff’s
                                                  provide physical protection,                                        study because they are peripheral or are                             evaluation of potential impacts to those
                                                  containment, nuclear criticality controls                           not significant. The NRC staff is                                    resource areas.
                                                  and radiation shielding required for the                            planning to publish information related                                The NRC encourages members of the
                                                  safe storage of the spent nuclear fuel.                             to this action in newspapers serving                                 public, local, State, Tribal, and Federal
                                                  The WCS also stated that the dry cask                               communities near the WCS site,                                       government agencies to participate in
                                                  storage systems would be located on top                             requesting information and comments                                  the scoping process. Written comments
                                                  of the concrete pads constructed at the                             during the scoping period from the                                   may be submitted during the scoping
                                                  CISF. The WCS is requesting a license                               public. Additionally, if WCS’s                                       period as described in the ADDRESSES
                                                  for a term of 40 years.                                             application is found acceptable for                                  and SUPPLEMENTARY INFORMATION section
                                                                                                                      detailed review, the NRC may hold                                    of this document. Participation in the
                                                  V. Alternatives To Be Evaluated                                     public scoping meetings to receive                                   scoping process for the WCS EIS does
                                                     The EIS will analyze the                                         comments in person in accordance with                                not entitle participants to become
                                                  environmental impacts of the proposed                               10 CFR 51.26. The dates, times, and                                  parties to any proceeding to which the
                                                  action, the no-action alternative, and                              locations for any meetings will be                                   EIS relates.
                                                  reasonable alternatives. A brief                                    provided in a future Federal Register
                                                                                                                                                                                             In addition to requesting scoping
                                                  description of each is provided below.                              notice.
                                                                                                                         After the close of the scoping period,                            comments through this Federal Register
                                                     No-Action Alternative—The no-action
                                                                                                                      the NRC will prepare a concise                                       notice, the NRC staff also intends to
                                                  alternative would be to deny the license
                                                                                                                      summary of its scoping process, the                                  reach out to interested stakeholders,
                                                  application. Under this alternative, the
                                                                                                                      comments received, as well as the                                    including other Federal and State
                                                  NRC would not issue the license and
                                                                                                                      NRC’s responses. The Scoping Summary                                 agencies and Indian Tribes. The NRC
                                                  WCS would not construct nor operate
                                                                                                                      Report will be included in NRC’s draft                               staff seeks to identify, among other
                                                  the CISF at its site in west Texas.
                                                                                                                      EIS as an appendix and sent to each                                  things, all review and consultation
                                                  Existing waste handling, storage, and
                                                                                                                      participant in the scoping process for                               requirements related to the proposed
                                                  disposal operations at the WCS site
                                                                                                                      whom the staff has an address.                                       action, and agencies with jurisdiction by
                                                  unrelated to storage of spent nuclear
                                                                                                                         The WCS EIS will address the                                      law or special expertise with respect to
                                                  fuel would continue. This alternative
                                                                                                                      potential impacts from the proposed                                  any environmental impact involved or
                                                  serves as a baseline for the comparison
                                                                                                                      action. The anticipated scope of the EIS                             which is authorized to develop and
                                                  of environmental impacts of the
                                                                                                                      will consider both radiological and non-                             enforce relevant environmental
                                                  proposed action and the reasonable
                                                                                                                      radiological (including chemical)                                    standards. The NRC invites such
                                                  alternatives.
                                                     Proposed action—The proposed                                     impacts associated with the proposed                                 agencies to participate in the scoping
                                                  Federal action is to issue a license to                             project and its alternatives. The EIS will                           process and, as appropriate, cooperate
                                                  WCS authorizing the company to                                      also consider unavoidable adverse                                    in the preparation of the EIS.
                                                  construct and operate the CISF. If the                              environmental impacts, the relationship                                The NRC staff will continue its
                                                  NRC approves the license application, it                            between short-term uses of resources                                 environmental review of WCS’s license
                                                  would issue WCS a specific license                                  and long-term productivity, and                                      application, and with its contractor,
                                                  under the provisions of 10 CFR part 72,                             irreversible and irretrievable                                       prepare a draft EIS and, as soon as
                                                  and WCS would proceed with the                                      commitments of resources. The                                        practicable, publish it for public
                                                  proposed activities.                                                following resource areas have been                                   comment. The NRC staff plans to have
                                                     Alternatives to the Proposed Action—                             tentatively identified for analysis in the                           a public comment period for the draft
                                                  Other alternatives not listed here may be                           WCS EIS: Land use, transportation,                                   EIS. Availability of the draft EIS and the
                                                  identified during scoping or through the                            geology and soils, water resources,                                  dates of the public comment period will
                                                  environmental review process.                                       ecological resources, air quality and                                be announced in a future Federal
                                                                                                                      climate change, noise, historical and                                Register notice. The final EIS will
                                                  VI. Scope of the Environmental Review                               cultural resources, visual and scenic                                include NRC’s responses to public
                                                    The NRC staff is conducting a scoping                             resources, socioeconomics, public and                                comments received on the draft EIS.
                                                  process for the WCS EIS, which begins                               occupational health, waste management,                               VII. Availability of Documents
                                                  on the day this notice appears in the                               environmental justice, and cumulative
                                                  Federal Register. In accordance with 10                             impacts. This list is not intended to be                               The documents identified in this
                                                  CFR 51.29, the NRC seeks public input                               exhaustive, nor is it a predetermination                             Federal Register notice are accessible to
                                                  to help the NRC determine the                                       of potential environmental impacts. The                              interested persons by the means
                                                  appropriate scope of the EIS, including                             EIS will describe the NRC staff’s                                    indicated in either the SUPPLEMENTARY
                                                  significant environmental issues to be                              approach and methodology undertaken                                  INFORMATION section of this notice or in
                                                  analyzed in depth, as well as those that                            to determine the resource areas that will                            the table below.

                                                                                                                                                                                                                                         ADAMS
                                                                                                                                   Document                                                                                             Accession
                                                                                                                                                                                                                                           No.

                                                  WCS’s CISF license application, with Environmental Report .............................................................................................................              ML16133A070
                                                  NRC request for supplemental information .........................................................................................................................................   ML16175A277
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                                                  WCS letter with schedule for response to NRC request for supplemental information .....................................................................                              ML16193A314
                                                  WCS submittal of initial responses to NRC request for supplemental information ............................................................................                          ML16229A537
                                                  WCS request for NRC to begin EIS process as soon as practicable ................................................................................................                     ML16229A340
                                                  WCS submittal of second responses to NRC request for supplemental information .........................................................................                              ML16265A454
                                                  NRC response to WCS request to begin EIS process as soon as practicable ..................................................................................                           ML16285A317
                                                  WCS submittal of third responses to NRC request for supplemental information .............................................................................                           ML16294A134




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                                                  79534                      Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

                                                    Dated at Rockville, Maryland, this 4th day            negotiated service agreements. This                   that the Postal Service states concern
                                                  of November, 2016.                                      notice informs the public of the filing,              competitive product(s), applicable
                                                    For the U.S. Nuclear Regulatory                       invites public comment, and takes other               statutory and regulatory requirements
                                                  Commission.                                             administrative steps.                                 include 39 U.S.C. 3632, 39 U.S.C. 3633,
                                                  Brian W. Smith,                                         DATES: Comments are due: November                     39 U.S.C. 3642, 39 CFR part 3015, and
                                                  Deputy Director, Division of Fuel Cycle Safety,         15, 2016                                              39 CFR part 3020, subpart B. Comment
                                                  Safeguards, and Environmental Review,                   ADDRESSES: Submit comments                            deadline(s) for each request appear in
                                                  Office of Nuclear Material Safety and                                                                         section II.
                                                  Safeguards.
                                                                                                          electronically via the Commission’s
                                                                                                          Filing Online system at http://                       II. Docketed Proceeding(s)
                                                  [FR Doc. 2016–27353 Filed 11–10–16; 8:45 am]
                                                                                                          www.prc.gov. Those who cannot submit
                                                  BILLING CODE 7590–01–P
                                                                                                          comments electronically should contact                  1. Docket No(s).: CP2017–33; Filing
                                                                                                          the person identified in the FOR FURTHER              Title: Notice of United States Postal
                                                                                                          INFORMATION CONTACT section by                        Service of Filing a Functionally
                                                  OVERSEAS PRIVATE INVESTMENT                             telephone for advice on filing                        Equivalent Global Expedited Package
                                                  CORPORATION                                             alternatives.                                         Services 3 Negotiated Service
                                                                                                                                                                Agreement and Application for Non-
                                                  Sunshine Act Meeting Notice                             FOR FURTHER INFORMATION CONTACT:                      Public Treatment of Materials Filed
                                                                                                          David A. Trissell, General Counsel, at                Under Seal; Filing Acceptance Date:
                                                  TIME AND DATE:  Thursday, December 8,                   202–789–6820.                                         November 4, 2016; Filing Authority: 39
                                                  2016, 2 p.m. (OPEN Portion); 2:15 p.m.                  SUPPLEMENTARY INFORMATION:                            CFR 3015.5; Public Representative:
                                                  (CLOSED Portion).                                                                                             Lawrence Fenster; Comments Due:
                                                                                                          Table of Contents
                                                  PLACE: Offices of the Corporation,                                                                            November 15, 2016.
                                                  Twelfth Floor Board Room, 1100 New                      I. Introduction                                         This notice will be published in the
                                                  York Avenue NW., Washington, DC.                        II. Docketed Proceeding(s)                            Federal Register.
                                                  STATUS: Meeting OPEN to the Public                      I. Introduction                                       Stacy L. Ruble,
                                                  from 2 p.m. to 2:15 p.m. Closed portion                    The Commission gives notice that the               Secretary.
                                                  will commence at 2:15 p.m. (approx.).                   Postal Service filed request(s) for the               [FR Doc. 2016–27228 Filed 11–10–16; 8:45 am]
                                                  MATTERS TO BE CONSIDERED:                               Commission to consider matters related                BILLING CODE 7710–FW–P
                                                  1. President’s Report                                   to negotiated service agreement(s). The
                                                  2. Minutes of the Open Session of the                   request(s) may propose the addition or
                                                       September 15, 2016 Board of                        removal of a negotiated service
                                                       Directors Meeting                                  agreement from the market dominant or                 SECURITIES AND EXCHANGE
                                                  FURTHER MATTERS TO BE CONSIDERED                        the competitive product list, or the                  COMMISSION
                                                  (Closed to the Public 2:15 p.m.):                       modification of an existing product
                                                                                                                                                                [Release No. 34–79241; File No. SR–BX–
                                                  1. Insurance Project—Jordan                             currently appearing on the market                     2016–056]
                                                  2. Insurance Project—Israel                             dominant or the competitive product
                                                  3. Finance Project—Africa, South Asia                   list.                                                 Self-Regulatory Organizations;
                                                  4. Finance Project—Africa                                  Section II identifies the docket                   NASDAQ BX, Inc.; Notice of Filing and
                                                  5. Minutes of the Closed Session of the                 number(s) associated with each Postal                 Immediate Effectiveness of Proposed
                                                       September 15, 2016 Board of                        Service request, the title of each Postal             Rule Change To Amend Rule 9400 To
                                                       Directors Meeting                                  Service request, the request’s acceptance             Include a Cross-Reference
                                                  6. Reports                                              date, and the authority cited by the
                                                  7. Pending Projects                                     Postal Service for each request. For each             November 4, 2016.
                                                  CONTACT PERSON FOR MORE INFORMATION:                    request, the Commission appoints an                      Pursuant to Section 19(b)(1) of the
                                                  Information on the meeting may be                       officer of the Commission to represent                Securities Exchange Act of 1934
                                                  obtained from Catherine F. I. Andrade at                the interests of the general public in the            (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
                                                  (202) 336–8768, or via email at                         proceeding, pursuant to 39 U.S.C. 505                 notice is hereby given that, on October
                                                  Catherine.Andrade@opic.gov.                             (Public Representative). Section II also              25, 2016, NASDAQ BX, Inc. (‘‘BX’’ or
                                                                                                          establishes comment deadline(s)                       ‘‘Exchange’’) filed with the Securities
                                                    Dated: November 9, 2016.                              pertaining to each request.                           and Exchange Commission (‘‘SEC’’ or
                                                  Catherine F. I. Andrade,                                   The public portions of the Postal                  ‘‘Commission’’) the proposed rule
                                                  Corporate Secretary, Overseas Private                   Service’s request(s) can be accessed via              change as described in Items I and II
                                                  Investment Corporation.                                 the Commission’s Web site (http://                    below, which Items have been prepared
                                                  [FR Doc. 2016–27439 Filed 11–9–16; 4:15 pm]             www.prc.gov). Non-public portions of                  by the Exchange. The Commission is
                                                  BILLING CODE 3210–01–P                                  the Postal Service’s request(s), if any,              publishing this notice to solicit
                                                                                                          can be accessed through compliance                    comments on the proposed rule change
                                                                                                          with the requirements of 39 CFR                       from interested persons.
                                                  POSTAL REGULATORY COMMISSION                            3007.40.
                                                                                                             The Commission invites comments on                 I. Self-Regulatory Organization’s
                                                  [Docket No. CP2017–33]                                  whether the Postal Service’s request(s)               Statement of the Terms of Substance of
                                                                                                          in the captioned docket(s) are consistent             the Proposed Rule Change
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                                                  New Postal Product
                                                                                                          with the policies of title 39. For                      The Exchange proposes to amend
                                                  AGENCY: Postal Regulatory Commission.                   request(s) that the Postal Service states             Rule 9400, entitled ‘‘Expedited Client
                                                  ACTION: Notice.                                         concern market dominant product(s),                   Suspension Proceeding’’ to include a
                                                                                                          applicable statutory and regulatory                   cross-reference for clarification.
                                                  SUMMARY:  The Commission is noticing                    requirements include 39 U.S.C. 3622, 39
                                                  recent Postal Service filings for the                   U.S.C. 3642, 39 CFR part 3010, and 39                   1 15   U.S.C. 78s(b)(1).
                                                  Commission’s consideration concerning                   CFR part 3020, subpart B. For request(s)                2 17   CFR 240.19b–4.



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Document Created: 2018-10-24 10:48:38
Document Modified: 2018-10-24 10:48:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionIntent to prepare an environmental impact statement and conduct a scoping process; request for comment.
DatesThe scoping period begins on November 14, 2016, and, if the application is docketed, will end 45 days after publication of a notice of docketing the WCS application.
ContactJames Park, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC, 20555-0001; telephone: 301-415-6954; email: [email protected]
FR Citation81 FR 79531 

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