ML18344A681
| ML18344A681 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 12/10/2018 |
| From: | Eye R Fasken Land & Minerals, Ltd, Robert V. Eye Law Office |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| ASLBP 18-958-01-ISFSI-BD01, RAS 54685, Holtec International | |
| Download: ML18344A681 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
)
)
Holtec International
)
Docket No. 72-1051
)
(HI-STORE Consolidated Interim Storage Facility)
)
MOTION FOR PERMISSION TO FILE SUPPLEMENTAL STANDING DECLARATION OF TOMMY E. TAYLOR I.
Movants may submit a supplemental declaration regarding Tommy E. Taylors standing.
Licensing boards have been lenient in permitting petitioners the opportunity to cure procedural defects in petitions to intervene regarding standing.1 Practice before the NRC is difficult and unusual. Arizona Pub. Serv. Co. 33 N.R.C. at 401. It is neither the policy of Congress nor the Commission to exclude parties because the niceties of pleading were imperfectly observed. Houston Lighting and Power Co. (South Texas Project, Units 1 and 2),
ALAB-549, 9 N.R.C. 644 (1979). A sounder practice would be to decide issues on their merits, not to avoid them on technicalities. Id. While Movants do not intend for their Motion to Dismiss to be analyzed as a contention, the obvious intent of the procedural requirements on contentions is to ensure the identification of bona fide litigative issues and to include parties who have clear, albeit imperfectly stated, interest[s]. NRC Order In the Matter of Sequoyah Fuels Corporation and General Atomics (Gore, Oklahoma Site Decontamination and 1 See Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1), LBP-91, 33 N.R.C.
179, 195 (1991) (holding that petitioners could amend their petitions to cure defects, in part, because the Commission [has been] rather liberal in permitting petitioners the opportunity to cure defective petitions.; Id. (quoting Virginia Elec. & Power Co. (North Anna Power Station, Units 1 and 2), ALAB-146, 6 AEC 631 (1973) (the participation of intervenors in licensing proceedings can furnish valuable assistance to the adjudicatory process.)).
Decommissioning Fudning) 1994 N.R.C. 12, at f.n. 7 (1994) (citing Houston Lighting and Power Co, 9 N.R.C. at 649)).
Here, Staff notes that Movants have failed to meet the presumption of standing based on proximity because their allegations of harm are too generalized and because Mr. Taylor does not identify any specific individualswho will be harmed as a result of the licensing of the Holtec facility.2 Staff also notes that Mr. Taylor himself resides more than 100 miles away from the proposed Holtec facility.3 Moreover, Holtec notes that Movants have failed to meet the proximity presumption because impacts of Faskens members or employees are not supported by Mr. Taylors Declaration, and because Movants are not entitled to a proximity presumption for merely owning land two miles from the site without any plausible explanation of potential risk.4 Mr. Taylors declaration may have generally stated his connection to leased property within two miles of the proposed Holtec facility, however, licensing boards have permitted the use of supplemental standing declarations to explain in greater detail a declarants personal, present, and future activities in connection with a property to establish standing based on the proximity presumption. PPL Bell Bend, LLC (Bell Bend Nuclear Power Plant), LBP-09-18, 70 N.R.C. 285, 396 (2009). Mr. Taylors original declaration states that Fasken owns and/or leases property directly related to oil and gas activities that is/are located approximately 2 (two) miles 2 NRC Staffs Supplemental Response to Motion to Dismiss by Permian Basin Land and Royalty Organization and Fasken Land and Minerals at 7 (Dec. 3, 2018) (ML18337A415) (Staff Response).
3 Id. at 7-8.
4 Holtec Internationals Answer Opposing Fasken Land and Minerals and Permian Basin Land and Royalty Owners Motion to Dismiss / Petition to Intervene at 11 (Dec. 3, 2018) (ML18337A443)
(Holtec Response).
from the proposed Holtec CISF site.5 Mr. Taylor did not describe his contacts with the leased property or how often he visits the property. However, Mr. Taylors Supplemental Declaration does describe that he and other Fasken employees frequent Faskens oil and gas properties situated two miles from the proposed Holtec CISF to make routine checks on oil and gas production equipment and [to] inspect and conduct maintenance and/or repairs as needed.6 Mr.
Taylor is concerned that he and other employees will be exposed to radiation given the close proximity of Faskens oil and gas properties to Holtecs propsed CISF and the necessity for Faskens employees and [Mr. Taylor] to regularly attend to such properties on a routine basis.7 II.
Conclusion For the foregoing reasons, Movants respectfully request that their Motion for Permission to File Supplemental Declaration for Tommy E. Taylor be granted.
Respectfully submitted,
/electronically signed by/
Robert V. Eye, KS S.C. No. 10689 Robert V. Eye Law Office, L.L.C.
4840 Bob Billings Pky., Suite 1010 Lawrence, Kansas 66049 785-234-4040 Phone 785-749-1202 Fax bob@kauffmaneye.com Attorney for Movants December 10, 2018 5 Declaration of Tommy E. Taylor at ¶ 3 (ML18257A331).
6 Supplemental Declaration of Tommy E. Taylor at ¶ 4.
7 Id. at ¶ 5.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of:
)
)
Holtec International
)
)
(HI-STORE Consolidated Interim Storage Facility )
)
Docket No. 72-1051 SUPPLEMENT AL DECLARATION
- 1. My name is Tommy E. Taylor and my business address is 6101 Holiday Hill Road, Midland, Texas 79707. I reside at 4100 Timberglen Circle, Midland, Texas 79707. My position with Fasken Management, LLC is Vice President. I am authorized by the business to execute this declaration on its behalf and on behalf of the Permian Basin Land and Royalty Organization (PBLRO) of which Fasken Land and Minerals (Fasken) is a member.
- 2. I executed a Declaration on September 14, 2018, in the above-captioned matter and it is incorporated by reference herein.
- 3. In the Declaration of September 14, 2018, I stated that Fasken "owns and/or leases property directly related to oil and gas activities that is/are located approximately 2 (two) miles from the proposed Holtec CISF site."
- 4. As part ofFasken's activities related to its oil and gas properties near the Holtec site Fasken employees, including myself, routinely go to this area for work related purposes..
Fasken employees make routine checks on oil and gas production equipment and inspect and conduct maintenance and/or repairs as needed.
- 5. I am concerned that the close proximity ofFasken's oil and gas properties and the necessity for Fasken's employees and myself to regularly attend to such will expose them and myself to radiation from the proposed consolidated interim storage facility Under penalty of perjury, the above is true and correct to the best of my knowledge and understanding.
~~
l- - \\ ~
Tommy E aylor, Vi~
si<lent Fas ken Land and Minerals, Ltd.
By Fasken Management, LLC, its General Partner be~~
IC 1 '2-01 g Date
Certificate of Consultation Undersigned certifies that communications to counsel for participants in these dockets regarding their positions regarding the above Motion for Permission to File Supplemental Standing Declaration was sent and yielded opposition from Holtec. NRC Staff has not responded, and therefore, their stance on the above Motion is unclear.
/electronically signed by/
Robert V. Eye Certificate of Service Undersigned certifies that a true and correct copy of the above and foregoing was submitted to the NRCs Electronic Information System for filing and service on participants in the above-captioned dockets.
/electronically signed by/
Robert V. Eye