ML18311A362
| ML18311A362 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 11/07/2018 |
| From: | Eye R, Joe Gillespie, Hair C, Leidich A, Silberg J, Walsh T, Alana Wase Fasken Land & Minerals, Ltd, Holtec, NRC/OGC, Permian Basin Land and Royalty Owners, Pillsbury, Winthrop, Shaw, Pittman, LLP, Robert V. Eye Law Office |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| HI-STORE Fuel Storage, RAS 54612, Holtec International | |
| Download: ML18311A362 (5) | |
Text
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOLTEC INTERNATIONAL (Consolidated Interim Storage Facility)
Docket No. 72-1051 Joint Motion to Establish Schedule for Filing of Answer to Fasken Land and Minerals and Permian Basin Land and Royalty Owners Motion/Petition Dated September 14, 2018 Introduction Pursuant to 10 C.F.R. § 2.323(a), the NRC Staff, on behalf of itself, Holtec International (Holtec), and Fasken Land and Minerals and Permian Basin Land and Royalty Owners (Fasken), seeks to establish a schedule for the filing of answers and replies to Faskens motion1 that was referred to the ASLBP for consideration as a petition under 10 C.F.R. § 2.309, pursuant to the Secretarys Order dated October 29, 2018.2 Because of this matters procedural history, compelling circumstances exist to justify this motion, and granting the requested relief is necessary to provide a complete record as to the admissibility of Faskens proposed contention.
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 (Sep. 14, 2018) (ADAMS Accession No. ML18257A330) (Faskens Motion to Dismiss).
2 Order (referring motions to the Atomic Safety and Licensing Board Panel), at 2-3 (Oct. 29, 2018)
(unpublished) (ADAMS Accession No. ML18302A355). See also Referral Memorandum to the Atomic Safety and Licensing Board Panel (Oct. 29, 2018) (ADAMS Accession No. ML18302A355) (referring Faskens Motion to Dismiss to the Atomic Safety and Licensing Board Panel for consideration as a petition under 10 C.F.R. § 2.309.).
2 Background and Requested Relief On September 14, 2018, Fasken filed a Motion to Dismiss the NRCs consideration of the applications for both the Holtec International HI-STORE Consolidated Interim Storage Facility and the Interim Storage Partners WCS Consolidated Interim Storage Facility.3 On September 24, 2018, the NRC Staff and Holtec filed responses to the motion, noting that such a matter should have been raised as a petition to intervene.4 Because the motion to dismiss was not submitted as a petition under 10 C.F.R. § 2.309, the NRC staff did not put forward any discussion as to Faskens standing or the merits of the issue raised.5 Similarly, while Holtec provided its position with respect to Faskens standing, the acceptability of the motion as a petition to intervene under 10 C.F.R. § 2.309 was not addressed.6 On October 29, 2018, the Secretary of the Commission denied Faskens motion and referred the motion to the ASLBP for consideration as a petition under 10 C.F.R. § 2.309 without addressing any issues of standing or the merits of the legal issue raised.7 Therefore, the NRC Staff and Holtec seek to file answers as to the merits of the arguments raised by Fasken because the original filing was provided as a motion to dismiss, not as a petition pursuant to 10 C.F.R. § 2.309. The NRC Staff also seeks to file an answer to address Faskens standing.
Without the opportunity to file answers, the NRC Staff and Holtec will not be able to provide their input as to whether the issues raised meet the admissibility standards of 10 C.F.R. § 2.309(f) and the NRC Staff will not be able to provide its input as to Faskens standing. Additionally, Fasken will then be able to provide its response to the NRC Staff and Holtec answers. This 3
Faskens Motion to Dismiss (ADAMS Accession No. ML18257A330).
4 NRC Staffs Response to Motions to Dismiss Licensing Proceedings at 3-4 (Sep. 24, 2018) (ADAMS Accession No. ML18267A310); Holtec Internationals Answer Opposing Fasken Land and Minerals and Permian Basis Land and Royalty Owners Motion to Dismiss Licensing Proceeding for HI-STORE Consolidated Interim Storage Facility (Sep. 24, 2018) (ADAMS Accession No. ML18267A402).
5 Staff Response at 3-4.
6 Holtec Answer at 11-12.
7 Order at 2-3.
3 information is necessary in order to ensure the adequacy of the record for the decision by this Board on Faskens filing.
As a result, the NRC Staff, Holtec, and Fasken together request an order establishing the following schedule:
The NRC Staff and Holtec will have the opportunity to file answers to Faskens September 14, 2018 Motion to Dismiss, now being treated as a petition under 10 C.F.R. § 2.309, by December 3, 2018.
Fasken will file a reply by December 10, 2018.
For the above reasons, the NRC Staff, Holtec, and Fasken request a grant of this motion and establishment of this schedule.
Respectfully submitted,
/Signed (electronically) by/
Joe I. Gillespie III Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 287-9184 E-mail: Joe.Gillespie@nrc.gov Counsel for NRC Staff Executed in Accord with 10 CFR 2.304(d)
Alana M. Wase Christopher C. Hair Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 287-9095 Telephone: (301) 287-9152 E-mail: Alana.Wase@nrc.gov E-mail: Christopher.Hair@nrc.gov Counsel for NRC Staff
4 Executed in Accord with 10 CFR 2.304(d)
Jay E. Silberg Timothy J. V. Walsh Anne R. Leidich PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC 20036 Telephone: (202) 663-8063 E-mail: jay.silberg@pillsburylaw.com E-mail: timothy.walsh@pillsburylaw.com E-mail: anne.leidich@pillsburylaw.com Counsel for HOLTEC INTERNATIONAL Executed in Accord with 10 CFR 2.304(d)
Robert V. Eye, Esq.
Robert V. Eye Law Office, L.L.C 4840 Bob Billings Pky., Suite 1010 Lawrence, Kansas 66049 Telephone: (785) 234-4040 E-mail: bob@kauffmaneye.com Counsel for Fasken Land and Minerals and Permian Basin Land and Royalty Owners Dated in Rockville, MD this 7th day of November 2018
5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOLTEC INTERNATIONAL (Consolidated Interim Storage Facility)
Docket No. 72-1051 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305 (as revised), I hereby certify that copies of the foregoing Joint Motion to Establish Schedule for Filing of Answer to Fasken Land and Minerals and Permian Basin Land and Royalty Owners Motion/Petition Dated September 14, 2018, dated November 7, 2018, have been served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding, this 7th day of November, 2018.
Respectfully submitted,
/Signed (electronically) by/
Joe I. Gillespie III Counsel to the Staff Mail Stop: O-14-A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Telephone: (301) 287-9184 E-mail: Joe.Gillespie@nrc.gov Dated in Rockville, MD this 7th day of November 2018