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 nearing the end of an eight-year licensing process.

Following is a brief overview of significant events from summer 2000 through winter 2005. For additional information, see The 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 held 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)

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

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 appealed the ruling at the same time it prepared to present new arguments before the ASLB.
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.

Summer 2004

The ASLB held additional hearings on the aircraft crash issue to determine if the facility is designed to withstand a hypothetical crash of an F-16 fighter plane. Due to post-9/11 security concerns, the hearings were not open to the public. The ASLB is expected to rule on this issue in February 2005.

Fall/Winter 2004-2005

The state of Utah filed a late contention asking the ASLB to consider whether the Department of Energy will accept spent fuel from the PFS site at the proposed federal repository at Yucca Mountain, NV. The ASLB will decide whether the late contention meets the legal standards to be admitted. That ruling is expected in late February 2005.

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