Private Fuel Storage, LLC: Project Status

Project Status

Private Fuel Storage, LLC (PFS), a consortium of utility companies that has applied for a license from the Nuclear Regulatory Commission (NRC) to build a temporary storage facility for spent nuclear fuel in Skull Valley, Utah, is about four-fifths of the way through a five-year licensing process.

Summer 2000

The first of two evidentiary hearings was held in Utah. At this hearing, lawyers for PFS and the state of Utah presented arguments and expert testimony before the Atomic Safety and Licensing Board (ASLB), a three-judge panel that was named by the NRC to oversee the hearing process. Three issues were argued at this hearing, after which the parties were to present final arguments in writing to the ASLB.

At the time of the hearings, the public was invited to make "limited appearance statements" before the ASLB. Although not part of the evidentiary hearing record, all statements were recorded and the ASLB may consider issues and concerns presented by the public in its advice to PFS and the NRC staff.
The Draft Environmental Impact Statement (DEIS) was released and a deadline was set (Sept. 21, 2000) for submitting comments to the NRC. Three public meetings were scheduled in Utah to hear public comments on the DEIS.

Fall 2000

On September 29, the NRC released its completed Safety Evaluation Report (SER), which analyzes all safety-related aspects of the facility design and operation under normal, unusual, and accident situations. The report concludes that the facility and the casks that would store the spent fuel would be safe and meet regulatory requirements. (see Safety Evaluation Report)

Spring 2001

Lawyers for PFS and the intervenors to the licensing process continued preparations for a second set of hearings. These hearings will focus on remaining safety and environmental contentions.

Summer 2001

Publication of the NRC's final Environmental Impact Statement was postponed from July to December. The final report will consider written and oral comments received from the public, government officials and agencies.

Fall 2001

The NRC Staff issued a supplement to the Safety Evaluation Report covering aircraft and cruise missile crashes on November 13. A second supplement covering seismic issues was issued on December 21, 2001.

Winter 2002

Preparations continue for the second set of hearings before the Atomic Safety and Licensing Board, now scheduled for April - May, 2002. The Final Environmental Impact Statement was released by the NRC on January 3, 2002. It concluded environmental impacts would be small or small to moderate and that the proposed PFS facility is the best alternative of those considered.

Spring/Summer 2002

Evidentiary hearings before the Atomic Safety and Licensing Board were held in April, May, and June, and finally were completed in July, 2002.

Spring 2003

The Atomic Safety and Licensing Board began issuing rulings on issues presented in hearings in 2000 and 2002. On March 10, it ruled that the Board could not recommend a license for the PFS facility unless PFS presented further evidence that the consequences of a hypothetical aircraft crash at the site would not exceed federal safety limits. PFS is appealing the ruling at the same time it is preparing to present new arguments before the ASLB in September, 2003.
In separate rulings, the ASLB found that the PFS facility is designed to withstand earthquakes that might occur at the site, and that PFS has the financial ability to build and operate the facility according to federal regulations.
NRC Commissioners directed the ASLB to complete hearings and issue decisions by the end of 2003.

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