ML18298A335
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of )
) Docket No. 72-1050
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INTERIM STORAGE PARTNERS LLC )
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(WCS Consolidated Interim Storage Facility) )
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)
ORDER On January 30, 2017, the NRC provided notice in the Federal Register of the receipt of a license application from Waste Control Specialists, LLC (WCS), requesting authorization to construct and operate a consolidated interim storage facility (CISF) for spent nuclear fuel in Andrews County, Texas.1 That notice informed members of the public of the opportunity to file a request for a hearing and petition for leave to intervene in the proceeding. In July 2017, the notice was withdrawn, following WCSs request that the NRC temporarily suspend all review activities associated with its application.2 Over one year later, the NRC Staff published in the Federal Register a new notice of opportunity to request a hearing, after receiving a revised license application from Interim Storage Partners, LLC (ISP)a joint venture between WCS and Orano CIS, LLC.3 The due date for the submission of a hearing request is currently October 29, 2018.
1 Waste Control Specialists LLCs Consolidated Interim Spent Fuel Storage Facility Project, 82 Fed. Reg. 8773 (Jan. 30, 2017).
2 Waste Control Specialists LLCs Consolidated Interim Spent Fuel Storage Facility Project, 82 Fed. Reg. 33,521 (July 20, 2017); see also CLI-17-10, 85 NRC 221 (2017) (granting WCS and NRC Staff joint request to withdraw hearing notice and directing Staff to publish a new notice of opportunity to request a hearing if and when WCS requested that Staff resume its review).
3 Interim Storage Partners Waste Control Specialists Consolidated Interim Storage Facility, 83 Fed. Reg. 44,070 (Aug. 29, 2018), as corrected by 83 Fed. Reg. 44,680 (Aug. 31, 2018).
On October 2, 2018, pursuant to 10 C.F.R. § 2.307, a number of organizations and individuals (Joint Requesters) submitted a consolidated request for an extension of the hearing request deadline.4 Specifically, the request asks (1) that the NRC Staff and ISP provide a Spanish translation of the application and related documents; (2) for the establishment of a new deadline, to be set 180 days from the date those translated documents are made publicly available, for the submission of hearing requests and for the submission of scoping comments on the NRC Staffs Environmental Impact Statement (EIS) for the proposed CISF; and (3) that the NRC hold additional public scoping meetings in certain communities in Texas and throughout the country along likely transportation routes to the CISF. ISP has filed an answer opposing the request.5 After reviewing these filings, I hereby grant, in part, the request by extending the deadline an additional fifteen days for the Joint Requesters to file a hearing request. Any of the Joint Requesters may file a hearing request no later than Tuesday, November 13, 2018.6 With respect to all other requests for relief included in this filing, such requests are denied, as they are outside the scope of the opportunity provided by the August 29, 2018, Federal Register notice to request a hearing based on the sufficiency of the CISF application.
The Secretary notes that the Joint Requesters have separately submitted their request directly to the NRC Staff,7 and the NRC Staff has separately responded to the remaining requests.8 4 Request for Extension on Deadline for Intervention (Oct. 2, 2018) (ADAMS Accession No. ML18276A066).
5 Interim Storage Partners LLCs Answer Opposing Request for Extension of Intervention Deadline (Oct. 8, 2018) (ML18281A012).
6 This extension of the hearing request deadline does not apply to Beyond Nuclear, Inc., which has already filed a hearing request and petition to intervene in this proceeding, and in its filing stated that its inclusion as one of the Joint Requesters was an inadvertent error. Beyond Nuclear, Inc.s Hearing Request and Petition to Intervene (Oct. 3, 2018) (ML18276A242).
7 Comment E-mail regarding WCS-CISF EIS Scoping (ML18288A147) (Oct. 3, 2018).
8 Letter from Cinthya I. Román, NRC, to Karen Hadden, Sustainable Energy & Economic Development (SEED) Coalition (Oct. 24, 2018) (ML18289A662). The NRC Staff has also extended the deadline for the receipt of EIS scoping comments. Interim Storage Partners LLCs Consolidated Interim Storage Facility, 83 Fed. Reg. 53,115 (Oct. 19, 2018).
This order is issued under my authority in 10 C.F.R. § 2.346(b) and (j).
For the Commission NRC SEAL /RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 25th day of October, 2018
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
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INTERIM STORAGE PARTNERS LLC ) Docket No. 72-1050-ISFSI
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(WCS Consolidated Interim Storage Facility) )
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Order of the Secretary have been served upon the following persons by the Electronic Information Exchange:
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the Secretary of the Commission Mail Stop: T-3F23 Mail Stop: O16-B33 Washington, DC 20555-0001 Washington, DC 20555-0001 Hearing Docket E. Roy Hawkens E-mail: Hearing.Docket@nrc.gov Chief Administrative Judge E-mail: roy.hawkens@nrc.gov U.S. Nuclear Regulatory Commission Joseph McManus, Law Clerk Office of the General Counsel E-mail: joseph.mcmanus@nrc.gov Mail Stop - O-14A44 Washington, DC 20555-0001 Patrick Moulding, Esq.
U.S. Nuclear Regulatory Commission Mauri Lemoncelli, Esq.
Office of Commission Appellate Adjudication Sara Kirkwood, Esq.
Mail Stop: O16-B33 Emily Monteith, Esq.
Washington, DC 20555-0001 Alana Wase, Esq.
E-mail: ocaamail@nrc.gov Joe Gillespie, Esq.
E-mail: patrick.moulding@nrc.gov mauri.lemoncelli@nrc.gov sara.kirkwood@nrc.gov emily.monteith@nrc.gov alana.wase@nrc.gov joe.gillespie@nrc.gov
Docket No. 72-1050-ISFSI Order of the Secretary Counsel for Beyond Nuclear Karen D. Hadden Executive Director, Diane Curran, Esq. Sustainable Energy and Harmon, Curran, Spielberg and Eisenberg Economic Development (SEED) Coalition 1725 DeSales Street NW, Suite 500 605 Carismatic Lane Washington, DC 20036 Austin, TX 78748 E-mail: dcurran@harmoncurran.com E-mail: karendhadden@gmail.com Mindy Goldstein, Esq.
Caroline Reiser, Esq. Counsel for Interim Storage Partners LLC Emory University School of Law Morgan, Lewis & Bockius LLP Turner Environmental Law Clinic 1111 Pennsylvania Avenue NW 1301 Clifton Road Washington, DC 20004 Atlanta, GA 30322 Stephen Burdick, Esq.
E-mail: magolds@emory.edu Timothy Matthews, Esq.
caroline.j.reiser@emory.edu Ryan Lighty, Esq.
Paul Bessette, Esq.
Diane DArrigo E-mail: stephen.burdick@morganlewis.com Nuclear Information and timothy.matthews@morganlewis.com Resource Service (NIRS) ryan.lighty@morganlewis.com 6930 Carroll Avenue paul.bessette@morganlewis.com Suite 340 Takoma Park, MD 20912 Email: dianed@nirs.org Chris Hebner, Esq. Wallace Taylor City of San Antonio, TX Counsel for Sierra Club P.O. Box 839966 118 3rd Avenue SE San Antonio, TX 78283 Suite 326 E-mail: chris.hebner@sanantonio.gov Cedar Rapids, IA E-mail: wtaylorlaw@aol.com Counsel for Fasken Land and Oil and Permian Basin Land and Royalty Owners Robert V. Eye Law Office, L.L.C.
Robert Eye, Esq.
Timothy Laughlin 4840 Bob Billings Parkway, Suite 1010 Lawrence, KS 66049 E-mail: bob@kauffmaneye.com tijay1300@gmail.com
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 25th day of October, 2018 2