ML18311A267
| ML18311A267 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 11/07/2018 |
| From: | Burdick S, Eye R, Sara Kirkwood, Matthews T Fasken Land & Minerals, Ltd, Consolidated Interim Storage Facility, Morgan, Morgan, Lewis & Bockius, LLP, NRC/OGC, Permian Basin Land and Royalty Owners, Robert V. Eye Law Office |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| Pending, RAS 54611, WCS CISF 72-1050-ISFSI | |
| Download: ML18311A267 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD PANEL In the Matter of:
INTERIM STORAGE PARTNERS LLC (Consolidated Interim Storage Facility)
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Docket No. 72-1050 November 7, 2018 JOINT MOTION TO ESTABLISH BRIEFING SCHEDULE FOR FASKENS AND PBLROS MOTION TO DISMISS AS REFERRED TO THE ASLBP FOR CONSIDERATION UNDER 10 C.F.R. § 2.309 On September 28, 2018, Fasken Land and Minerals (Fasken) and Permian Basin Land and Royalty Owners (PBLRO) filed a Motion to Dismiss the above-captioned matter.1 The Motion to Dismiss alleges that the pending Application for a specific license under 10 C.F.R. Part 72 submitted by Interim Storage Partners LLC (ISP) to build and operate a Consolidated Interim Storage Facility (CISF) in Andrews County, Texas violates the Nuclear Waste Policy Act of 1982, as amended (NWPA).2 Both ISP3 and the Nuclear Regulatory Commission (NRC) Staff4 opposed the Motion to Dismiss.
The Secretary of the Commission denied the Motion to Dismiss on procedural grounds in an October 29, 2018 Order without prejudice to the underlying merits of the legal arguments
1 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. 28, 2018) (ML18271A244) (Motion to Dismiss).
2 See id.
3 See Interim Storage Partners LLCs Response Opposing Fasken Land and Minerals and Permian Basin Land and Royalty Owners Unauthorized September 28, 2018 Filing (Oct. 5, 2018) (ML18278A253)
(incorporating by reference Interim Storage Partners LLCs Response Opposing Beyond Nuclear, Inc.s Unauthorized September 14, 2018 Filing (Sept. 24, 2018) (ML18267A299)).
4 The NRC Staff filed its response to an identical Motion to Dismiss that Fasken and PBLRO filed on the Holtec CISF docket, but the Staff filed its response on both the Holtec and ISP dockets. See NRC Staffs Response to Motions to Dismiss Licensing Proceedings (Sept. 24, 2018) (ML18267A313).
2 embedded within the motion[].5 The Secretary further referred the Motion to Dismiss to the Atomic Safety and Licensing Board Panel (ASLBP) for consideration under 10 C.F.R. § 2.309.6 ISP, NRC Staff, and Fasken and PBLRO (collectively, the Participants) jointly submit this motion pursuant to 10 C.F.R. § 2.323 to establish a briefing schedule for consideration of the Motion to Dismiss as a hearing request under 10 C.F.R. § 2.309. Because the Motion to Dismiss was submitted as a motion rather than a hearing request, the Participants did not address the Section 2.309 standards. Now that the Order referred the Motion to Dismiss for consideration under Section 2.309, the Participants have good cause for filing answers and replies to address those standards. These additional filings will ensure that the presiding officer has the complete positions of the Participants for ruling on the Motion to Dismiss under Section 2.309.
The Participants plan to follow a briefing schedule consistent with 10 C.F.R. § 2.309(i) as if the Motion to Dismiss was first filed as a hearing request on October 29, 2018the date of the Order. This schedule includes the following deadlines:
ISP and NRC Staff Answers Under Section 2.309: November 23, 2018; and Fasken and PBLRO Replies to Answers: November 30, 2018.
For the above reasons, the Participants request that the presiding officer grant this motion and establish this briefing schedule.7
5 Office of the Secretary of the Commission, Order at 2 (Oct. 29, 2018) (unpublished) (ML18302A329).
6 Id. at 2-3.
7 The Participants are treating the October 29, 2018 Order as referring the Motion to Dismiss to the ASLBP without further action from the Commission or Secretary. Id. (I am referring the motion from Fasken Land and Minerals and Permian Basin Land and Royalty Owners to the ASLBP for consideration under § 2.309). The Order was captioned for, and served on, both the Holtec and ISP adjudicatory dockets. The Secretary issued a separate memorandumsolely on the Holtec docketreferring the Filing to the ASLBP. See Memorandum from A. Vietti-Cook, Secretary of the Commission, to E. R. Hawkens, Chief Administrative Judge, ASLBP, Request for Hearing in the Matter of Holtec International, HI-STORE Consolidated Interim Storage Facility, Docket No. 72-1051 (Oct. 29, 2018) (ML18302A355). And the ASLBP subsequently established a Board in the Holtec proceeding. See ASLBP, Establishment of
3 Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)
Timothy P. Matthews, Esq.
Stephen J. Burdick, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-5527 Phone: 202-739-5059 E-mail: timothy.matthews@morganlewis.com E-mail: stephen.burdick@morganlewis.com Counsel for Interim Storage Partners LLC Executed in Accord with 10 C.F.R. § 2.304(d)
Sara Kirkwood, Esq.
U.S. Nuclear Regulatory Commission Mail Stop O-14 A44 Washington, D.C. 20555-0001 Phone: 301-287-9187 E-mail: Sara.Kirkwood@nrc.gov Counsel for Nuclear Regulatory Commission Staff Executed in Accord with 10 C.F.R. § 2.304(d)
Robert V. Eye, Esq.
Robert V. Eye Law Office, L.L.C.
4840 Bob Billings Pky., Suite 1010 Lawrence, Kansas 66049 Phone: 785-234-4040 E-mail: bob@kauffmaneye.com Counsel for Fasken Land and Minerals and Permian Basin Land and Royalty Owners Dated in Washington, D.C.
this 7th day of November 2018
Atomic Safety and Licensing Board (Oct. 31, 2018) (ML18304A301). However, no corresponding memorandum has been issued on the ISP docket yet, and no Board has been established in the ISP proceeding yet. Thus, if the Commission retains jurisdiction of the ISP proceeding until the above actions are taken, the Participants request that the Commission rule on this motion to establish a briefing schedule.
DB1/ 100455770 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD PANEL In the Matter of:
INTERIM STORAGE PARTNERS LLC (Consolidated Interim Storage Facility)
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Docket No. 72-1050 November 7, 2018 CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of Joint Motion to Establish Briefing Schedule for Faskens and PBLROs Motion to Dismiss as Referred to the ASLBP for Consideration Under 10 C.F.R. § 2.309 was filed through the E-Filing system.
Signed (electronically) by Ryan K. Lighty Ryan K. Lighty, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-5274 E-mail: ryan.lighty@morganlewis.com Counsel for Interim Storage Partners LLC