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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 five 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 is tentatively scheduled for April 8-26, 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 12/01
The NRC is expected to issue a final EIS, a comprehensive environmental review, that also addresses issues raised by the intervenors and the public.
ASLB Decisions Fall 2000 and Winter 2003
The ASLB is expected to issue its decisions on the issues raised at the first and second sets of hearings.
NRC Decision Early 2003
The NRC will decide whether or not to grant a license.


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