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The Licensing Process

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The U.S. Nuclear Regulatory Commission (NRC) is authorized to license spent fuel storage facilities, such as the one proposed by Private Fuel Storage, LLC (PFS). The licensing process has taken more than seven and a half years.

The application is thoroughly reviewed by technical experts on the NRC staff, which prepares its own safety and environmental reports. Members of the public may intervene and raise their own issues, which are resolved by the Atomic Safety and Licensing Board (ASLB), an independent three-judge panel appointed by the NRC.

The ASLB's final decision is based on the scientific and expert evaluation of PFS's ability to comply with federal regulations designed to protect the public and the environment.

The following timeline shows the main steps in the process and the current status of each step.

PFS Licensing Timeline
Licensing Step Status
Application to the NRC 6/97
PFS filed its application
NRC Staff review 6/97
NRC Staff begins review of safety and environmental aspects of application. The technical evaluation by the NRC Staff involves requests to PFS for additional data, such as seismic analysis.
Notice in the Federal Register 7/97
NRC placed a notice inviting individuals or groups affected by the project to request standing to intervene.
Atomic Safety and Licensing Board
(ASLB)		 9/97
NRC named judges to the Atomic Safety and Licensing Board that will decide the PFS case.
Pre-hearing conference at which intervenors support their request for standing and present the issues they wish to argue at a later hearing 1/98
Pre-hearing conference held. About 90 issues (contentions) were presented by the State of Utah, Confederated Tribes of Goshute Indians, OGD, and Castle Rock Land and Livestock. Scientists for Secure Waste Storage and Skull Valley Band of Goshute Indians petitioned to support the PFS application.
ASLB order on standing of intervenors and the issues to be heard 4/98
Decision announced: Only 25 contentions were admitted. All intervenors except the Scientists were granted standing.
Scoping Meetings

6/98
Scoping meeting held to hear public comment on the scope of the environmental impact statement.

4/99
Another scoping meeting related to the PFS proposal for a rail line through Skull Valley to the site was held.

Safety Evaluation Report 12/99 and 9/00
NRC issued a preliminary report (12/99) evaluating PFS compliance with most of the safety-related regulations, and a final report (9/00) evaluating the remaining safety requirements.
Pre-hearing activities 6/98 and ongoing
Lawyers for PFS and the intervenors conducted informal and formal discovery, filed motions to dismiss some issues, and resolved other issues. The number of issues to be heard in formal hearings was reduced to about 14.
Draft Environmental Impact Statement 6/00
The NRC staff released a draft EIS for public comment. This report evaluated PFS's compliance with all environmental laws and regulations.
Evidentiary Hearings 6/00
The ASLB held the first of two sets of hearings at which PFS and the intervenors presented evidence supporting their positions on the issues. The second set of hearings was held in summer 2002.
Public Comment 6/00
The ASLB invited the public to make "limited appearance statements" at meetings held in Salt Lake City and Tooele.
Final Environmental Impact Statement 1/02
The NRC issued a final EIS, a comprehensive environmental review, that also addresses issues raised by the intervenors and the public.
ASLB Decisions 2003 and continuing
The ASLB began ruling on issues considered at hearings, starting in March 2003. On the risks of military aircraft crashes, the Board ruled that the risk of such an event is greater than one in a million and offered PFS the opportunity to return with additional data. PFS received favorable rulings on the issues of seismic hazards, financial qualifications, and wilderness issues.
Evidentiary Hearings 8/04
The ASLB held additional hearings on the aircraft crash issue to determine whether the PFS facility is designed to withstand a hypothetical crash of an F-16 military aircraft. A ruling on this issue is expected in February 2005.
Late-filed Contention 11/04
The state of Utah filed a late contention asking the ASLB to consider whether spent fuel stored at the PFS site would be accepted at the proposed federal repository at Yucca Mountain. The ASLB ruled on Feb. 24, 2005, that there was insufficient basis for admitting the contention.
 NRC Decision 2/05
On Feb. 24, 2005, the ASLB ruled on the last remaining issue - whether or not the impact of an accidental crash of an F-16 at the sight would cause a breach in a storage cask. The ASLB found that the chance of such a breach is less than one in a million. The NRC Commissioners must now review the ALSB rulings and, if they agree, the Commission will direct the NRC Staff to issue a license.


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