UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

October 1, 2020

The Honorable , et.al. State Senator, District 36 State Legislature State Capitol Santa Fe, NM 87501

Dear Senators and Representatives:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to the letter you submitted to Chairman Svinicki, copying the other members of the Commission, by electronic mail on September 22, 2020, regarding the Holtec International HI-STORE Consolidated Interim Storage Draft Environmental Impact Statement (DEIS). Your letter expresses concern regarding the scope of the DEIS, other “technical variables,” and the NRC’s outreach and public engagement opportunities.

Some of the technical concerns raised in your letter bear on matters currently before the Commission in an adjudicatory proceeding. Given that this contested proceeding is ongoing, it would be inappropriate for the Chairman to discuss or comment on these technical matters at this time. This is because the Commission must remain impartial during the pendency of the proceeding.

Those aspects of your letter concerning the scope of the DEIS and NRC’s outreach and public engagement opportunities will be referred to the staff for consideration.

A copy of your letter and this response will be served on the participants in the Holtec CISF proceeding.

Sincerely,

Annette L. Vietti-Cook

cc:

Senator , District 25 Senator Shannon D. Pinto, District 3 Senator Linda M. Lopez, District 11 Senator , District 16 Senator , District 17 Senator Bill Tallman, District 18 Senator , District 24 Senator Elizabeth “Liz” Stefanics, District 39 Representative Eliseo Lee Alcon, District 6 Representative Patricia Roybal Caballero, District 13 Representative Deborah A. Armstrong, District 17 Representative Debra M. Sariñana, District 21 Representative Elizabeth “Liz” Thomson, District 24 Representative , District 25 Representative Angelica Rubio, District 35 Representative Joanne J. Ferrary, District 37 Representative Rodolpho “Rudy” S. Martinez, District 39 Representative , District 46