ML18302A329
| ML18302A329 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 10/29/2018 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | Beyond Nuclear, Fasken Land & Minerals, Ltd, Permian Basin Land and Royalty Owners |
| SECY RAS | |
| References | |
| Pending, RAS 54583, WCS CISF 72-1050-ISFSI | |
| Download: ML18302A329 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matters of )
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HOLTEC INTERNATIONAL ) Docket No. 72-1051
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(HI-STORE Consolidated Interim Storage )
Facility) )
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INTERIM STORAGE PARTNERS LLC ) Docket No. 72-1050
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(WCS Consolidated Interim Storage Facility) )
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_________________________________________ )
ORDER On July 16, 2018, the NRC provided notice in the Federal Register of Holtec Internationals application to construct and operate a consolidated interim storage facility for spent nuclear fuel.1 Separately, on August 29, 2018, the NRC provided notice in the Federal Register of Interim Storage Partners application to construct and operate a consolidated interim storage facility for spent nuclear fuel.2 On September 14, 2018, Beyond Nuclear, Fasken Land and Minerals, and Permian Basin Land and Royalty Owners filed motions to dismiss both the Holtec and Interim Storage Partners applications.3 These groups argue that the NRC cannot, as a threshold matter, issue 1 Holtec International HI-STORE Consolidated Interim Storage Facility for Interim Storage of Spent Nuclear Fuel, 83 Fed. Reg. 32,919 (July 16, 2018).
2 Interim Storage Partners Waste Control Specialists Consolidated Interim Storage Facility, 83 Fed. Reg. 44,070 (Aug. 29, 2018), corrected, 83 Fed. Reg. 44,608 (Aug. 31, 2018) (noting that the correct deadline to file intervention petitions is October 29, 2018). Interim Storage Partners is a joint venture of Orano USA and Waste Control Specialists.
3 Beyond Nuclear filed its own motion to dismiss. Beyond Nuclear, Inc.s Motion to Dismiss Licensing Proceedings for Hi-Store Consolidated Interim Storage Facility and WCS Consolidated Interim Storage Facility for Violation of the Nuclear Waste Policy Act (Sept. 14,
licenses to Holtec or Interim Storage Partners because both applications are contrary to the Nuclear Waste Policy Act (NWPA). Specifically, the groups argue that both applications contemplate the storage of Department of Energy-titled spent fuel in violation of various NWPA provisions.
The NRCs regulations allow interested persons to file petitions to intervene and requests for hearing in which they can raise concerns regarding a particular license application.
These regulations do not, however, provide for the filing of threshold motions to dismiss a license application; instead, interested persons must file petitions to intervene and be granted a hearing. I therefore deny both motions to dismiss on procedural grounds, without prejudice to the underlying merits of the legal arguments embedded within the motions.
Beyond Nuclear also filed hearing petitions in the Holtec and Interim Storage Partners proceedings that incorporated by reference the NWPA arguments that it raised in its motion to dismiss and identified those arguments as proposed contentions.4 I am separately referring these hearing requestsas well as other hearing requests challenging the applicationsto the Atomic Safety and Licensing Board Panel (ASLBP) for the establishment of a Board to consider all hearing requests in accordance with the hearing procedures set forth in 10 C.F.R. §2.309.
And, in accordance with 10 C.F.R. § 2.346(i), I am referring the motion from Fasken Land and 2018) (ADAMS Accession No. ML18257A318). Fasken Land and Minerals joined with Permian Basin Land and Royalty Owners to file a motion to dismiss that is substantially similar to Beyond Nuclears motion. Motion of Fasken Land and Minerals and Permian Basin Land and Royalty Owners to Dismiss Licensing Proceedings for Hi-Store Consolidated Interim Storage Facility and WCS Consolidated Interim Storage Facility (Sept. 14, 2018) (ML18257A330). Both the NRC Staff and respective applicants filed oppositions to the motions, and Beyond Nuclear, Fasken Land and Minerals, and Permian Basin Land and Royalty Owners then filed replies.
4 Beyond Nuclear, Inc.s Hearing Request and Petition to Intervene (Sept. 14, 2018)
(ML18257A324) (Holtec docket); Beyond Nuclear, Inc.s Hearing Request and Petition to Intervene (Oct. 3, 2018) (ML18276A242) (Interim Storage Partners docket). Fasken Land and Minerals and Permian Basin Land and Royalty Owners have not filed related hearing petitions in either docket.
Minerals and Permian Basin Land and Royalty Owners to the ASLBP for consideration under
§ 2.309.
This Order is issued under my authority in 10 C.F.R. § 2.346(c), (g), (i), and (j).
For the Commission NRC SEAL /RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 29th 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.
Thomas Steinfeldt 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 thomas.steinfeldt@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 29th day of October, 2018 2