ML061230282
| ML061230282 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 04/26/2006 |
| From: | NRC/NMSS/SFPO |
| To: | |
| Wharton L, NMSS/SFPO, 301-415-1396 | |
| Shared Package | |
| ML061230089 | List: |
| References | |
| 50-255, 72-7 (2.206), NRC-1016, RAS 13882 | |
| Download: ML061230282 (27) | |
Text
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
Petition Review Board Docket Number:
N/A Location:
(teleconference)
Date:
Wednesday, April 26, 2006 Work Order No.:
NRC-1016 Pages 1-26 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433
1 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSION 2
+ + + + +
3 PETITION REVIEW BOARD (PRB) 4 CONFERENCE CALL 5
+ + + + +
6 WEDNESDAY 7
APRIL 26, 2006 8
+ + + + +
9 The conference call was held, Margaret 10 Federline, Deputy
- Director, Office of Nuclear 11 Materials Safety and Safeguards, presiding.
12 NRC HEADQUARTERS STAFF:
13 MARGARET FEDERLINE, Deputy Director 14 Office of Nuclear Materials Safety and 15 Safeguards 16 RAY WHARTON, Petition Manager for 2.206 petition 17 JENNY LONGO, Senior Attorney, Office of 18 General Counsel 19 BILL RULAND, Deputy Director of Inspection; 20 and Licensing Project Director for 21 the Spent Fuels Project Office 22 DOUG STARKEY, Senior Enforcement Specialist, 23 Office of Enforcement 24 25
2 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 NRC HEADQUARTERS STAFF (continued) 1 PAUL GOLDBERG, Petition Coordinator, 2
Office of Nuclear Materials Safety and 3
Safeguards 4
ROBERT NELSON, Chief of the Licensing Section, 5
Spent Fuels Project Office.
6 NRC REGION III 7
JAMES CAMERON 8
PETITIONER, DON'T WASTE MICHIGAN:
9 MICHAEL KEEGAN 10 GARY KARCH 11 NUCLEAR MANAGEMENT COMPANY (NMC) 12 LAURIE LAHTI 13 WEST MICHIGAN ENVIRONMENTAL ACTION COUNCIL 14 ALICE HIRT 15 NUCLEAR INFORMATION AND RESOURCE SERVICES (NIRS) 16 KAY TREMBLE 17 APPEARANCES:
18 On Behalf of Nuclear Management Company:
19 DAVID LEWIS, ESQ.
20 PAUL GAUKLER, ESQ.
21 of:
Pillsbury, Winthrop, Shaw, Pittman.
22 2300 N Street, Northwest 23 Washington, D.C. 20037 24 (202) 663 DRL-8474 and PAG -8304 25
3 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 P R O C E E D I N G S 1
(time not provided) 2 PARTICIPANT: Is there a monitor on the 3
line please?
4 PARTICIPANT: Good question.
5 PARTICIPANT: Is there an Alice on the 6
line please?
7 PARTICIPANT: I am and no one has 8
volunteered to coordinate it or maybe there isn't one.
9 PARTICIPANT: Anybody else on?
10 MS. TREMBLE: I am, Kay.
11 PARTICIPANT: There's about 10 callers on 12 the line right now.
13 HQ OPS CENTER: This is Headquarters Ops 14 Center. Is Ray Wharton on the line?
15 (No response.)
16 HQ OPS CENTER: This is Headquarters Ops 17 Center. Is Ray Wharton on the bridge?
18 (No response.)
19 PHONE SYSTEM: Someone has entered the 20 conference.
21 PARTICIPANT: Hello?
22 MR. WHARTON: Ray Wharton, Spent Fuels 23 Project Office.
24 PARTICIPANT: Hello?
25
4 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. CAMERON: This is James --
1 PHONE SYSTEM: Someone has entered the 2
conference.
3 MR. CAMERON: This is James Cameron, NRC 4
Region III.
5 MS. FEDERLINE: Region III is on the line.
6 Headquarters is on the line. My name is Margaret 7
Federline. I'm Deputy Director in the Office of 8
Nuclear Materials Safety and Safeguards. I just 9
wanted to mention that this phone call is being 10 recorded so that we can make a transcript.
11 Could we go through introductions? I'd 12 like to start with those people on the call please.
13 MS.
LAHTI:
Laurie
- Lahti, Nuclear 14 Management Company.
15 MS. FEDERLINE: Thank you.
16 MR. CAMERON: James Cameron, Region III.
17 MS. FEDERLINE: Thank you.
18 MR. LEWIS: Dave Lewis, Pillsbury, 19 Winthrop, Shaw Pittman, counsel for NMC.
20 MS. FEDERLINE: Thank you.
21 MR. GAUKLER: Paul Gaukler, Pillsbury, 22 Winthrop, Shaw Pittman, counsel for NMC.
23 MS. FEDERLINE: Could you say your name 24 again please?
25
5 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. GAUKLER: Paul Gaukler, G-A-U-K-L-E-R.
1 MS. FEDERLINE: Thank you. Anyone else on 2
the line?
3 MS. TREMBLE: Kay Tremble, I'm a member of 4
NIRS that lives Michigan.
5 MS. FEDERLINE: Okay.
6 MR. KEEGAN: I'm Michael Keegan, Don't 7
Waste Michigan.
8 MS. FEDERLINE: Thank you.
9 MS. HIRT: Alice Hirt, West Michigan 10 Environmental Action Council.
11 MS. FEDERLINE: Thank you.
12 MR. KARCH: Gary Karch, Don't Waste 13 Michigan.
14 MS. FEDERLINE: Anyone else on the line?
15 (No response) 16 MS. FEDERLINE: Could I ask who will be 17 the lead speaker for the Petitioner?
18 PARTICIPANT: Mike, do you want to do 19 that?
20 MR. KEEGAN: Yes, I'll take the lead role, 21 Michael Keegan, Don't Waste Michigan, but we're taking 22 a listening profile this morning.
23 MS. FEDERLINE: Okay, good. Thank you.
24 If there are no other people on the line -- someone 25
6 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 just came on. Did someone just enter the line?
1 (No response.)
2 MS. FEDERLINE: Okay, let's go around.
3 We'll introduce ourselves here at Headquarters. My 4
name is Margaret Federline. As I said, I'm Deputy 5
Director of NMS and I'll turn to Ray Wharton who is 6
our Petition Manager next.
7 MR. WHARTON: Ray Wharton, Petition 8
Manager, Spent Fuels Project Office in the Office of 9
NMSS.
10 MS. LONGO: Jenny Longo, Office of General 11 Counsel, Senior Attorney.
12 MR. RULAND: Bill Ruland, Deputy Director 13 of Inspection and Licensing Project Director for the 14 Spent Fuels Project Office.
15 MR. STARKEY: Doug Starkey, Senior 16 Enforcement Specialist, Office of Enforcement.
17 MR. GOLDBERG: Paul Goldberg. I'm the 18 Petition Coordinator for the Office of Nuclear 19 Materials Safety and Safeguards.
20 MR. NELSON: Bob Nelson, Chief of the 21 Licensing Section, Spent Fuels Project Office.
22 MS. FEDERLINE: Okay, is there anyone that 23 has not had an opportunity to introduce themselves?
24 (No response.)
25
7 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Good. I just want to welcome everyone to 1
the call today.
I really appreciate your 2
participation. The subject of the phone call is the 3
2.206 Petition received from Terry J. Lodge (phonetic) 4 counsel for Petitioners.
There are five 5
organizational and 30 individual petitioners.
6 The parties request NRC take enforcement 7
action against Palisades Nuclear Plant by terminating 8
the use of two independent spent fuel storage 9
installation concrete pads. The Spent Fuel Project 10 Office is responsible for review of the petition and 11 Ray Wharton, as we mentioned, is the petition manager.
12 The 2.206 process is a mechanism in NRC 13 regulations for members of the public to request NRC 14 action when theres an issue involving safety. We 15 have a management directive, thats Management 16 Directive 8.1 that we follow in implementing the 17 process. And the purpose of this meeting is to allow 18 the petitioners to address the petition review board.
19 This is an opportunity for the petitioners to provide 20 additional explanation or support for their petition.
21 The representatives of the licensees, subject of the 22 petition, may ask questions of the petitioner to 23 clarify their understanding of the petition and allow 24 them to respond to it in writing.
25
8 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Any of the parties may ask questions of 1
the PRB concerning the process. We will not discuss 2
the merits of the petition. Following the phone call 3
today, the PRB will meet to determine whether the NRC 4
accepts the petition under the 2.206 process or 5
whether it will be dealt with under another mechanism.
6 The PRBs meeting today will. Not determine whether we 7
agree or disagree with the petition. That will just 8
come later in our process.
9 The phone call, as I mentioned, is being 10 recorded and will be converted to a transcript and 11 treated as a supplement to the petition. Now, wed 12 really appreciate limiting questions to those that are 13 clarifying in nature. We do not want debates on the 14 merits of the petition today. If the PRB decides that 15 the petition will be considered on 2.206, then what 16 will follow is an acknowledgment letter. If we do not 17 accept the petition, we will document that decision in 18 a letter to the petitioner.
19 The Petition Manager will keep the 20 petitioners and subjects periodically informed on the 21 progress of the petition and I invite you to comment 22 or ask any questions on the process that Ive just 23 discussed. I believe the Petition Manager will have 24 provided you information on this process already.
25
9 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. KEEGAN: Michael Keegan. Let me 1
state for the record that we just got informed late 2
yesterday of the phone bridge, so the expectation that 3
were going to be participating and adding additional 4
items is quite shortly. I mean, weve had less than 5
24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notification on this.
6 MS. FEDERLINE: Okay, Im sorry about 7
that.
8 MR. WHARTON: For the record, Michael, let 9
me just state that Ive been trying to reach Terry 10 Lodge for the last week. Ive called him every day, 11 sometimes multiple times a day since last Tuesday and 12 he returned my phone call yesterday afternoon and 13 thats the reason that youre only finding out about 14 this, its because I had no contact with the counsel 15 for the Petitioners.
16 MS. FEDERLINE: Well, I dont want to put 17 anybody at a disadvantage, ff theres not been time to 18 prepare for this call. Michael, how would you like to 19 proceed? Would you rather that we -- we would like 20 to go ahead, if at all possible, but if you feel you 21 havent had time to prepare --
22 MR. KEEGAN: Well, Id like to proceed 23 with the caveat that we have an opportunity to add 24 pertinent information. If I feel were getting blind-25
10 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 sided here -- youre asking us to make our case and we 1
just were alerted to is yesterday. There is certified 2
mail, there is e-mail, there is phone calls. So there 3
are ways of making contact with an attorney.
4 MR. WHARTON: And I tried two of those 5
three.
6 MR. KEEGAN: Okay, but I guess I would go 7
forward under protest basically.
8 MR. WHARTON: Let me just say, when I 9
spoke to Terry yesterday and I tried to walk him 10 through the process, and I explained to him what the 11 purpose of the phone call was, well, I told him we 12 were having a meeting and I invited him to participate 13 by way of a telecon if he felt a need to. And I told 14 him the purpose of it was to provide any clarifying 15 type of information that he felt might be needed for 16 the petition or the accompanying declaration and he 17 stated that he thought the declaration was very, very 18 clear and he thought that the petition was also 19 pointed and he really did not think that there would 20 be any clarifying information that he would need to 21 provide.
22
- However, he did want to have an 23 opportunity to participate in the telecon. And for 24 that reason, were holding it.
25
11 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MS. FEDERLINE: Yeah, let me be clear, 1
that the reason for todays meeting is really not to 2
discuss or debate the petition, but really to provide 3
an opportunity for everyone to add any additional 4
information. The board will be meeting after this 5
call just to decide if it meets the requirements of a 6
petition.
7 MR. KEEGAN: Well, again, we dont have 8
the opportunity to have our attorney here. He is in 9
court and I would proceed with this proceeding under 10 protest that we would like to be able to add at a 11 later time, to this conversation.
12 MR. GOLDBERG: You will have that 13 opportunity. You can add material in writing. If 14 necessary, we can have another meeting by phone and 15 youll be able to discuss matters.
16 MR. KEEGAN: Prior to the decision?
17 MR. GOLDBERG: Yes.
18 MS. LONGO: There are two decisions.
19 First of all, theres a decision whether to accept the 20 petition and if it is accepted, a decision on the 21 merits.
22 MR. KEEGAN: Uh-huh.
23 MS. LONGO: Is that clear? All the 24 purpose of todays call is to permit you an 25
12 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 opportunity to provide any additional information you 1
wish to provide before it is decided whether or not 2
the petition meets the criteria for acceptance of the 3
2.206.
4 MR. KEEGAN: And what Im saying is that 5
we would like the opportunity to add to the record 6
prior to you making a decision whether its picked up 7
or not and we dont have that opportunity now because 8
of the late informing.
9 MS. FEDERLINE: Could we agree that any 10 materials supplementing this call would be provided in 11 the next week?
12 MR. KEEGAN: Yes, we can agree to that.
13 MS. FEDERLINE: Okay, that sounds very 14 reasonable. Again, you know, this is a process that 15 we feel we want the process to be fair to all parties.
16 So lets proceed with the call.
17 MR. HIRT: Could I ask one question, 18 please? How soon would we receive a transcript of 19 this phone conversation?
20 MR. GOLDBERG: It should be in less than 21 a week.
22 MR. WHARTON: Who is speaking? Who asked 23 the question?
24 MS. HIRT: Alice Hirt, I asked --
25
13 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. WHARTON: No, I heard the question.
1 I just wanted to identify who it was. Okay.
2 MR. KEEGAN: Well, again, Keegan here.
3 Id like to have the transcript in hand before we 4
close the record because were going forward without 5
legal counsel at this moment.
6 MR. WHARTON: Well, is it possible, do I 7
need -- this is Ray Wharton, the Petition Manager 8
again. So I need be interfacing exclusively with your 9
counsel or should I be potentially trying to give 10 someone else some information?
11 MR. KEEGAN: Our counsel is our counsel 12 and thats who information should be going to, but --
13 MS. HIRT: E-mail is the best way to 14 communicate.
15 MR. WHARTON: And I have done that. Were 16 going to caucus for just a moment.
17 (Pause) 18 MR. KEEGAN: Alice, are you there?
19 MS. HIRT: Yeah, do we have an opportunity 20 to caucus also?
21 MR. KEEGAN: Yeah, I guess so.
22 MR. KARCH: Id like to suggest that we 23 have a week after we receive the transcript.
24 MS. HIRT: Yeah, we need to see the 25
14 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 transcript.
1 MALE PARTICIPANT: Hes saying the 2
transcript would be available within a week. That 3
could mean five or six days of the week that theyre 4
giving us. So we need a week after we receive the 5
transcript.
6 MS. HIRT: And Im sorry, but I do not 7
believe that Terry had overlooked this for a whole 8
week.
9 MS. TREMBLE: No, we need to make sure 10 that that guys got the right e-mail address.
11 MS. HIRT: Yes, or -- yes, thats a good 12 way of putting it, Kay.
13 MR. KEEGAN: Shall I raise that, then?
14 MR. KARCH: Yeah.
15 MS. FEDERLINE: Hello.
16 FEMALE PARTICIPANT: Hello?
17 MS. FEDERLINE: Yes, we want you to be 18 comfortable with the process. We have two options.
19 Would you prefer us to reschedule the call or the 20 other option is we can agree to give you a week to 21 provide additional information after you receive the 22 transcript.
23 MR. KEEGAN: Well go with that second 24 option. Weve caucused also. So we will get a week 25
15 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 after we receive the transcript?
1 MS. FEDERLINE: Yes.
2 MR. KEEGAN: Okay, thats acceptable.
3 MS. FEDERLINE: Yes, okay, well, we want 4
you to be comfortable with the process.
5 MS. HIRT: Thank you.
6 MS. FEDERLINE: Okay. Lets proceed. Let 7
me ask the spokesman for the Petitioners if you have 8
any points related to whether this should qualify as 9
a petition that you would like to make in todays 10 call.
11 MR. KEEGAN: I have no additional points 12 at this point. Were taking a listening posture, as 13 I say. We were just informed last night.
14 MS. FEDERLINE: Okay. Does anyone else on 15 the call have any questions, clarifying questions?
16 MR. LEWIS: Dave Lewis, NMCs counsel. I 17 dont.
18 MR.
GOLDBERG:
Let me ask the 19 representatives of the Petitioners, have you had a 20 chance to look at our Management Directive that Ms.
21 Federline mentioned that describes the process so that 22 youll know what were actually looking for in a 23 petition?
24 MR. KEEGAN: We have not seen an e-mail or 25
16 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 documents to that effect.
1 MR. GOLDBERG: All right, well, well make 2
sure we get you copies of that. If there are people 3
other than Mr. Lodge that we should send these things 4
to, please let us know, give us postal addresses and 5
e-mail addresses and if necessary, phone numbers and 6
well see if we can get the material to them.
7 MR. KEEGAN: Well provide those for you.
8 MS. LAHTI: That information is on the NRC 9
web page. Thats where I saw it.
10 MR. GOLDBERG: Yes, it is, thats true.
11 MS. FEDERLINE: If it would be useful to 12 you, I can ask that the criteria be summarized here.
13 MR. KEEGAN: Certainly. Well, a summary 14 would be good but the full text would be better.
15 MS. FEDERLINE: Absolutely, well point 16 you -- well send you an e-mail and point you to it on 17 the web but for now Im going to ask Paul Goldberg 18 just to briefly summarize the criteria.
19 MR. KEEGAN: Okay.
20 MR. GOLDBERG: Okay, this if from 21 Management Directive 8.11, Review Process for a 10 CFR 22 2.206 Petitions. And the criteria for reviewing 23 petitions under this rule are as follows. The 24 petition contains a request for enforcement related 25
17 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 action such as issuing an order, modifying, suspending 1
or revoking a license, issuing a notice of violation, 2
with or without a proposed civil penalty, et cetera.
3 So your petition has to contain that.
4 The facts that constitute the bases for 5
taking the particular action are specified. The 6
petitioner must provide some element of support beyond 7
the bear assertion. The supporting facts must be 8
credible and sufficient to warrant further inquiry.
9 Next one, there is no NRC proceeding available in 10 which the petitioner is or could be a party and for 11 which the petitioners concerns could be addressed.
12 If theres a proceeding available, for example, if a 13 petitioner raised an issue that he or she has raised 14 or could raise in an ongoing licensing proceeding, the 15 staff will inform the petitioner of the ongoing 16 proceeding and will not treat the request under 10 CFR 17 2.206.
18 Now, on the other side, we have criterias 19 for rejecting petitions and Ill summarize those also.
20 Well reject the petition if the incoming 21 correspondence does not ask for an enforcement related 22 action or fails to provide sufficient facts to support 23 the petition but simply alleges wrongdoing or 24 violations of NRC regulations or existence of safety 25
18 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 concerns. Next, if the petitioner raises issues that 1
have already been the subject of NRC staff review and 2
evaluation, either on that facility or other similar 3
facilities, or on a generic basis for which a 4
resolution has been achieved, the issues have been 5
resolved and the resolution is applicable to the 6
facility in question.
7 Next, the request is to deny a license 8
application or amendment. This type of request should 9
be addressed in the context of the relevant licensing 10 action. And the final criteria for rejecting 11 petitions is if the request addresses deficiencies 12 within existing NRC rules, this type of request should 13 be addressed as a petition for rulemaking.
14 MS. FEDERLINE: So that summarizes the 15 criteria that we will be using. Paul was reading 16 directly from the Management Directive, so I think 17 that gives you a fairly good idea. We will e-mail you 18 the link on the website so that you can have that to 19 look at more carefully.
20 Okay, if theres no other discussion, I 21 think thats probably all we can accomplish for today, 22 but as I say, we will mail you that link and as we 23 agreed, well provide you a copy of the transcript and 24 youll have a week beyond that to submit any 25
19 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 additional information that you would like.
1 MS. HIRT: Do you have e-mails and 2
addresses for us?
3 MR. GOLDBERG: No, we dont. We just have 4
information for Mr. Lodge.
5 MR. KEEGAN: Well tell Mr. Lodge to 6
provide you with the information on the Petitioners.
7 MS. FEDERLINE: That would be helpful.
8 MR. KEEGAN: Okay, but Im not clear on 9
anything thats occurred. I thought we were going to 10 discuss whether it met criteria or not.
11 MS. FEDERLINE: This was your opportunity 12 to address the criteria. I apologize if there was any 13 misunderstanding but it was an opportunity for the 14 petitioners to provide any additional information. We 15 realize you have already done that in the petition, 16 but this is just an opportunity. Its a courtesy to 17 all the parties involved to have an opportunity to 18 express any additional information or to ask any 19 clarifying questions for the other parties.
20 MR. KEEGAN: Well, could you inform me if 21 there are any criteria that we have not met?
22 MR. GOLDBERG: Well, we havent made that 23 decision yet. We havent looked at it in those terms.
24 MS. FEDERLINE: This was an opportunity 25
20 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 for you to provide any information addressing the 1
criteria in addition to the written information that 2
weve received so that we could consider it in our 3
discussion.
4 MS. HIRT: Could I request that you put 5
this, what you just said in writing to us so that we 6
could see what the purpose of this phone call was, 7
please, so that we could respond completely?
8 MS. FEDERLINE: That is -- you will find 9
that in the process, in our Management Directive and 10 were going to send you a link on the -- to the 11 website where you can read about our complete process, 12 2.206 process.
13 MR. RULAND: Could I add one thing? This 14 is Bill Ruland speaking. Often -- let me not say 15 often, sometimes when we afford the petitioner the 16 opportunity for this phone call, they dont take it 17 up, dont take us up on it. They feel that theyve 18 provided sufficient information their application 19 that, in fact, makes the case that there is -- this is 20 a valid 2.206.
21 All this phone call is for is an 22 additional courtesy by the NRC to kind of reach out to 23 the petitioner to see if theres any additional 24 information they want to provide us. So, I dont want 25
21 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 you to get the impression that somehow were trying to 1
put you on the spot. Rather, its just an additional 2
safeguard that the NRC has placed in this process to 3
go beyond what youve already provided in writing.
4 And its unfortunate that this 5
communication between you
- know, your own 6
communication -- you know, we havent been able to 7
communicate effectively in this matter. So Id just 8
ask you to consider the way these phone calls work and 9
consider them in the spirit theyre intended.
10 MR. KEEGAN: But the record is still open.
11 This is Keegan speaking.
12 MS. FEDERLINE: Yes, yes, we agreed that 13 you can provide any additional information with 14 respect to whether you meet the criteria to be 15 considered as a petition for a week beyond the time 16 you receive this transcript.
17 MR. KEEGAN: Well, thats acceptable with 18 myself. Let me check with my other parties.
19 Ms. Hirts?
20 MS. HIRTS: Yes.
21 MR. KEEGAN: Ms. Tremble?
22 MS. TREMBLE: Yes.
23 MR. KEEGAN: Mr. Karch?
24 MR. KARCH: Yes.
25
22 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. KEEGAN: Very good, then well accept 1
that and keep the record open.
2 MS. FEDERLINE: Okay, good.
3 MS. HIRTS: Mike, lets just make sure 4
they know how to communicate with Terry from this 5
point forward, with our counsel.
6 MR. KEEGAN: Okay, very good.
7 MS. FEDERLINE: If your counsel could send 8
us an e-mail with the pertinent information about how 9
to reach him and also who additionally needs to be 10 copied on any information thats sent.
11 MS. TREMBLE: Who should he send it to?
12 MS. FEDERLINE: The Petition Manager, Ray 13 Wharton.
14 MR. KEEGAN: Very good.
15 MR. WHARTON: My e-mail address is 16 lrw@nrc.gov.
17 MR. KEEGAN: Very good.
18 MR. WHARTON: My phone number is 301-415-19 1396.
20 MS. KEEGAN: Very good.
21 MS. FEDERLINE: Let me ask if any other 22 participants in the call would like to make any 23 comments or ask any questions.
24 MR. LEWIS: This is Dave Lewis, NMCs 25
23 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 counsel. Could I ask the petitioners if they could 1
copy NMC on any further submissions they make to just 2
save us the burden of trying to dig them up and have 3
the delay. If its possible when you e-mail anything 4
to the NRC, if could copy Jonathan Rogoff (phonetic) 5 and myself, it would be very much appreciated and 6
Terry Lodge has those e-mail addresses.
7 MR. KEEGAN: I cant commit to that, I 8
dont know the legal implications, but I can make that 9
request of Terry Lodge.
10 MR. LEWIS: Just my request, please.
11 MR. KEEGAN: Okay, this again was --
12 MR. LEWIS: David Lewis.
13 MR. KEEGAN: -- David Lewis requests --
14 MR. LEWIS: Just a copy, myself and 15 Jonathan Rogoff on anything you submit, if its 16 possible.
17 MS. FEDERLINE: And, of course, we will 18 make materials publicly available.
19 MR. KEEGAN: Pertaining to this 2.206 20 petition.
21 MR. LEWIS: Yes, please.
22 MR. KEEGAN: I just wanted to clarify 23 that, okay.
24 MS. FEDERLINE: Anyone else have any 25
24 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 comments or questions?
1 MS. HIRT: Could I ask, where did you say 2
the criteria that you summarized this morning, where 3
is that available now today on the web?
4 MR. GOLDBERG: Its in the Management 5
Directive 8.11. Had you found that already on the 6
web? You said youd seen some of the material.
7 MS. LAHTI: This is Lauri Lahti. I was 8
the one that mentioned it.
9 MR. GOLDBERG: Oh, Im sorry. Yeah, its 10 on our website. As Ms. Federline said, well send you 11 the link for that. Its Management Directive 8.11.
12 MS. HIRT: Okay.
13 MR. GOLDBERG: Our website, our general 14 website is nrc.gov.
15 MS. FEDERLINE: If you go to the home page 16 it will give you a selection of -- I believe if you 17 select NRC documents or NRC guidance, youll be able 18 to find it.
19 MS. HIRT: Okay, thank you.
20 MS. FEDERLINE: Anybody else? Well, once 21 again, I want to thank everybody for participating in 22 the call today. Sorry for any confusion but I think 23 were on a path now. So thank you very much for your 24 participation.
25
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. KEEGAN: Thank you.
1 MS. HIRT: Thank you.
2 MS. FEDERLINE: Region III.
3 MR. CAMERON: Yes, Im still here.
4 MS. FEDERLINE: Good. Yes, we would like 5
you to call back if you could, so we can get off the 6
recorded line.
7 MR. CAMERON: Okay.
8 MS. FEDERLINE: Let me get you the number.
9 MS. TREMBLE: Do the petitioners still get 10 to listen in?
11 MR. GOLDBERG: No, weve finished our 12 petition review board meeting.
13 MS. LAHTI: Oh, okay, thank you.
14 MR. GOLDBERG: Okay, bye.
15 OPERATIONS OFFICER: This is headquarters 16 op center, Ray, are you there?
17 MR. CAMERON: It sounded like they just 18 dropped off. This is James Cameron, Region III.
19 OPERATIONS OFFICER: Okay, Jim.
20 MR. CAMERON: Oh, theyre going to call 21 me?
22 OPERATIONS OFFICER: Okay, so the call --
23 OPERATIONS OFFICER: This is headquarters 24 op center.
25
26 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 (End of recording.)
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