ML19016A336
| ML19016A336 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 01/16/2019 |
| From: | Curran D, Goldstein M, Reiser C Beyond Nuclear, Emory Univ, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Turner Environmental Law Clinic |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| ASLBP 19-959-01-ISFSI-BD01, RAS 54756, WCS CISF 72-1050-ISFSI | |
| Download: ML19016A336 (3) | |
Text
1 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)
)
In the Matter of:
)
)
Interim Storage Partners
)
Docket No. 72-1050
)
(WCS Consolidated Interim
)
Storage Facility)
)
)
NOTICE OF BEYOND NUCLEARS PETITION FOR REVIEW OF NRC ORDER IN D.C. CIRCUIT U.S. COURT OF APPEALS In conformance with the Nuclear Regulatory Commissions (NRCs) policy regarding board notifications, see Nuclear Mgmt. Co., L.L.C. (Palisades Nuclear Plant), LBP 06-10, 63 N.R.C. 314, 333 (2006), Beyond Nuclear hereby provides the Atomic Safety and Licensing Board (ASLB) with notice of a new legal action that is relevant and material to the above-captioned licensing proceedings.
On December 27, 2018, Beyond Nuclear petitioned the U.S. Court of Appeals for the D.C. Circuit for review of an Order issued on October 29, 2018 in the above-captioned proceedings by the NRC Commissioners. See Beyond Nuclear v. United States of America and the U.S. Nuclear Regulatory Commission, No. 18-1340. Beyond Nuclears petition requests the Court review the Commissions final decision not to dismiss the above-captioned ASLB proceedings as violating the Nuclear Waste Policy Act and Administrative Procedure Act or to open a new proceeding on this issue. At the same time, Beyond Nuclear filed a Motion to Hold
2 in Abeyance the Petition for Review pending the outcome of the proceedings referred to the ASLB by the Commission.
All filings in the court proceeding are publicly available.
Respectfully submitted,
__/signed electronically by/___
Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.
1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com
__/signed electronically by/___
Mindy Goldstein Emory University School of Law Turner Environmental Law Clinic 1301 Clifton Road Atlanta, GA 30307 404-727-3432 magolds@emory.edu
__/signed electronically by/___
Caroline Reiser Emory University School of Law Turner Environmental Law Clinic 1301 Clifton Road Atlanta, GA 30322 404-727-9907 caroline.j.reiser@emory.edu Counsel for Beyond Nuclear January 16, 2019
3 UNITED STATED 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)
)
In the Matter of:
)
)
Interim Storage Partners
)
Docket No. 72-1050
)
(WCS Consolidated Interim
)
Storage Facility)
)
)
CERTIFICATE OF SERVICE I hereby certify that on January 16, 2019, I posted NOTICE OF BEYOND NUCLEARS PETITION FOR REVIEW WITH D.C. CIRCUIT COURT OF APPEALS on the NRCs Electronic Information Exchange System.
__/signed electronically by/___
Mindy Goldstein Emory University School of Law Turner Environmental Law Clinic 1301 Clifton Road Atlanta, GA 30307 404-727-3432 magolds@emory.edu January 16, 2019