ML19094B432
| ML19094B432 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE, Consolidated Interim Storage Facility |
| Issue date: | 04/01/2019 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | US Federal Judiciary, Court of Appeals, for the District of Columbia Circuit |
| References | |
| 1780417, 18-1340 | |
| Download: ML19094B432 (14) | |
Text
IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BEYOND NUCLEAR, INC.,
Petitioner, V.
UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED ST ATES OF AMERICA, Respondents.
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No. 18-1340 CERTIFIED INDEX OF THE RECORD I hereby certify that the documents listed on the attached index constitute the record for the Order issued by the Commission on October 29, 2018, denying Beyond Nuclear's motion to dismiss the license applications in 72-1050 and 72-1051.
The parties have agreed that their citations to the record may include citations to documents listed in this Certified Index of the Record as well as the materials to which those documents cite.
Dated at Rockville, Maryland this 26th day of March, 2019 Respectfully Submitted,
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Annette L. ietti-Cook Secretary of the Commission USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 1 of 14
RECORD ID 1
2 3
4 5
6 7
CERTIFIED INDEX OF THE RECORDS FOR HOL TEC INTERNATIONAL - HI-STORE CISF (NRC DOCKET 72-1051-ISFSI) and INTERIM STORAGE PARTNERS -WCS CISF (NRC DOCKET 72-1050-ISFSI)
BEYOND NUCLEAR, INC. V. NRC U.S. COURT OF APPEALS CASE NO. 18-1340 DOCUMENT DESCRIPTION DOCUMENT DATE HOL TEC INTERNATIONAL ACCESSION NUMBER HI-STORE CONSOLIDATED INTERIM STORAGE FACILITY Federal Register Notice (83FR32919) - License application; opportunity to request a hearing and to petition for leave to intervene; order.
Request for Additional 90-day Extension of Scoping Period.
Holtec Response to Intervenor's Group Letter.
Letter from Joy Russell, Chief Communications Officer
- Holtec International, Transmitting Resolution of Voting Members of the New Mexico Legislature Radioactive and Hazardous Materials Interim Committee Resolution of Support by Lea County, NM, for Holtec lnternational's Effort to Build an Interim Storage Facility for Spent Nuclear Fuel in Southeastern NM, and Elea's becoming a Party to the NRC Adjudicatory Hearina.
Order Of The Secretary Denying the Request to Delay or Suspend the September 14, 2018, Hearing Request Deadline.
Eddy-Lea Energy Alliance Resolution Supporting Petition.
07/16/2018 N/A 07/27/2018 ML18208A465 07/30/2018 ML18211A653 08/09/2018 ML18225A263 08/12/2018 ML18255A365 08/20/2018 ML18232A577 08/22/2018 ML18247A561 03/20/2019 1 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 2 of 14
RECORD ID 8
9 10 11 12 DOCUMENT DESCRIPTION City of Carlsbad, New Mexico, Petition to Participate as an Interested Local Governmental Body.
Letter from Senator Jeff Steinborn, New Mexico State Senate, in Response to the August 9, 2018 "Resolution of Voting Members of the New Mexico Legislature Radioactive and Hazardous Materials Interim Committee" Petition By The Eddy-Lea Energy Alliance To Participate As An Interested Local Governmental Body.
Notice Of Appearance of Nancy L. Simmons on behalf of Alliance Environmental Strategies.
Petition by City of Hobbs, New Mexico, to Participate as an Interested Local Governmental Body.
13
- City of Hobbs, New Mexico, Resolution of Support for Holtec Interim Storage Facility.
14 15 16 Corrected Petition by the Board of Commissioners for' Lea County, NM to Participate as an Interested Local Governmental Body.
Petition by the Board of Commissioners for Lea County, New Mexico to Participate as an Interested Local Governmental Body.
Resolution by Lea County, NM, Board in Support of Holtec Interim Spent Fuel Storage Facility.
03/20/2019 DOCUMENT DATE 08/28/2018 08/29/2018 08/30/2018 08/31/2018 09/04/2018 09/04/2018 09/11/2018 09/11/2018 09/11/2018 ACCESSION NUMBER ML18255A293 ML18242A243 ML18247A562 ML18243A554 ML18256A397 ML18256A398 ML18255A364 ML18254A422 ML18254A424 2 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 3 of 14
RECORD ID 17 18 19 20 21 DOCUMENT DESCRIPTION Alliance for Environmental Solutions Petition to Intervene and Request for Hearing.
Petition by Eddy County to Participate as an Interested Governmental Body.
Eddy County, New Mexico, Resolution Supporting Holtec Interim Spent Fuel Storage Facility.
Sierra Club Standing Declarations and Expert Declarations in Support of Petition to Intervene.
Beyond Nuclear, lnc.'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.
Beyond Nuclear, lnc.'s Exhibit List for Motion to Dismiss Licensing Proceedings for Hi-Store 22
- Consolidated Interim Storage Facility and WCS 23 24 25 26 Consolidated Interim Storage Facility for Violation of the Nuclear Waste Policy Act.
Beyond Nuclear, lnc.'s Hearing Request and Petition to Intervene.
Eddy Lea Alliance Site Mineral Conflict Analysis 9 15 by CEHMM - Attachment to Don't Waste Michigan, et al, Petition to Intervene.
Sierra Club Certificate of Service to Petition Intervene.
Certificate of Service to Beyond Nuclear Motion to Dismiss.
03/20/2019 DOCUMENT DATE 09/12/2018 09/13/2018 09/13/2018 09/13/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 ACCESSION NUMBER ML18255A234 ML18256A340 ML18256A341 ML18257A229 ML18257A318 ML18257A319 ML18257A324 ML18257A336 ML18257A296 ML18257A322 3 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 4 of 14
RECORD ID 27 28 29 30 31 32 33 34 35 36 DOCUMENT DESCRIPTION Certificate of Service to Beyond Nuclear Hearing Request and Petition to Intervene.
Curriculum Vitae of James David Ballard, Ph.D. -
Attachment to Don't Waste Michigan, et al, Petition to Intervene.
Dclaration of Tommy Taylor - Attachment to Fasken Land and Minerals and Permian Basin Land and Royalty Owners Motion to Dismiss.
Declaration of Member of Nuclear Issues Study Group
- Attachment to Don't Waste Michigan, et al, Petition to Intervene.
Declarations of Members of Citizens' Environmental Coalition - Attachment to Don't Waste Michigan, et al, Petition to Intervene.
Declarations of Members of DWM, CACC and NEIS -
Attachment to Don't Waste Michigan, et al, Petition to Intervene.
Declarations of Members of Public Citizen, Inc. -
Attachment to Don't Waste Michigan, et al, Petition to Intervene.
Declarations of Members of San Luis Obispo Mothers for Peace - Attachment to Don't Waste Michigan, et al, Petition to Intervene.
Exhibits 1-7 to Beyond Nuclear's Hearing Request.
Sierra Club Exhibits to Petition to Intervene.
03/20/2019 DOCUMENT DATE 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 ACCESSION NUMBER ML18257A328 ML18257A337 ML18257A331 ML18257A340 ML18257A338 ML18257A339 ML18257A341 ML18257A342 ML18257A325 ML18257A230 4 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 5 of 14
RECORD ID 37 38 39 40 41 42 43 44 45 46 DOCUMENT DESCRIPTION Expert Report of James David Ballard Ph.D. -
Attachment to Don't Waste Michigan, et al, Petition to Intervene.
Expert Report of Steve Schafersman, Ph.D. -
Attachment to Don't Waste Michigan, et al, Petition to Intervene.
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.
Notice of Appearance for Diane Curran on behalf of Beyond Nuclear.
Notice of Appearance for Diane Curran on behalf of Beyond Nuclear.
Notice of Appearance for Mindy Goldstein on behalf of Beyond Nuclear.
Notice of Appearance for Mindy Goldstein on behalf of Beyond Nuclear.
Notice of Appearance of Sachin Desai, Amy C. Roma, Daniel F. Stenger, for NAG International, Inc.
Notice of Appearance of Robert Eye on behalf of -
Attachment to Fasken Land and Minerals and Permian Basin Land and Royalty Owners.
Petition of Don't Waste Michigan et al. to Intervene and Request for Adjudicatory Hearing.
03/20/2019 DOCUMENT ACCESSION DATE NUMBER 09/14/2018 ML18257A335 09/14/2018 ML18257A343 09/14/2018 ML18257A330 09/14/2018 ML18257A321 09/14/2018 ML18257A326 09/14/2018 ML18257A320 09/14/2018 ML18257A327 09/14/2018 ML18257A244 09/14/2018 ML18257A332 09/14/2018 ML18257A334 5 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 6 of 14
RECORD ID 47 48 49 50 51 52 53 54 55 56 57 DOCUMENT DESCRIPTION Petition to Intervene and Request for Hearing of NAC International, Inc., CISF Proceeding.
Sierra Club Petition to Intervene and Request for Hearing.
Notice of Appearance of Counsel for Don't Waste Michigan, Citizens' Environmental Coalition, Citizens for Alternatives to Chemical Contamination, Nuclear Energy Information Service, Public Citizen, Inc., San Luis Obispo Mothers for Peace & Nuclear Issues Alliance Environmental Stategies Amendment by lnterlineation of its Petition to Intervene.
Errata to Beyond Nuclear, lnc.'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.
Errata to Beyond's Nuclear's Hearing Request and Petition to Intervene.
Errata to Sierra Club's Petition to Intervene and Request for Adjudicatory Hearing.
Holtec lnternational's Answer Opposing Beyond Nuclear Motion to Dismiss Licensing Proceeding for HI-STORE Consolidated Interim Storage Facility.
Holtec lnternational's 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.
Notice of Appearance for Sara Brock Kirkwood on behalf of NRC Staff.
Notice of Appearance of Wallace L. Taylor on behalf of Sierra Club.
03/20/2019 DOCUMENT DATE 09/14/2018 09/14/2018 09/15/2018 09/17/2018 09/18/2018 09/18/2018 09/19/2018 09/24/2018 09/24/2018 09/24/2018 09/24/2018 ACCESSION NUMBER ML18257A287 ML18257A228 ML18258A002 ML18260A219 ML18261A108 ML18261A105 ML18262A277 ML18267A401 ML18267A402 ML18267A300 ML18267A396 6 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 7 of 14
RECORD DOCUMENT DOCUMENT ACCESSION ID DESCRIPTION DATE NUMBER Notices of Appearance of Jay E. Silberg, Timothy J. V.
58 Walsh, Anne R. Leidich, and Erin E. Connolly on 09/24/2018 ML18267A399 behalf of Holtec International.
59 NRC Staff's Response to Motions to Dismiss 09/24/2018 ML18267A310 Licensing Proceedings.
Notice Of Corrected Footnote Citation In Petition For 60 Leave To Intervene Of Don't Waste Michigan, 09/26/2018 ML18269A369 Citizens' Environmental Coalition, et al.
Beyond Nuclear's Motion For Leave To Reply To 61 Holtec International, Interim Storage Partners LLC, 09/28/2018 ML18271A230 And NRC Staff Responses To Beyond Nuclear's Motion To Dismiss.
Beyond Nuclear's Reply To Holtec International, 62 Interim Storage Partners LLC, And NRC Staff 09/28/2018 ML18271A229 Responses To Beyond Nuclear's Motion To Dismiss.
Motion of Fasken Land and Minerals, Ltd. and Permian Basin Land and Royalty Owners for Leave to 63 Reply to NRC Staff's Response and Holtec 09/28/2018 ML18271A237 lr,ternational's Answer and Opposition to Motions to Dismiss.
Reply of Fasken Land and Minerals, Ltd. and Permian 64 Basin Land and Royalty Owners to Holtec 09/28/2018 ML18271A239 lnternational's Response to Motion to Dismiss.
65 Reply of Movants Fasken and PBLRO to NRC Staff's 09/28/2018 ML18271A238 Response to Motions to Dismiss.
66 Memorandum to the Petitioners Regarding Upcoming 10/09/2018 ML18282A417 Site Visit by Commissioner David A. Wright.
67 Holtec Answer Opposing Beyond Nuclear Hearing 10/09/2018 ML18282A447 Request and Petition to Intervene.
03/20/2019 7 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 8 of 14
RECORD DOCUMENT DOCUMENT ACCESSION ID DESCRIPTION DATE NUMBER Holtec Answer Opposing Don't Waste Michigan, Nuclear Energy Information Service, et al, Petition to 68 Intervene and Request for Hearing on Holtec 10/09/2018 ML18282A509 lnternational's Consolidated Interim Storage Facility Application.
Holtec Answer Opposing Fasken Motion for Leave to 69 Reply to Holtec International and NRC Staff 10/09/2018 ML18282A449 Responses to Motion to Dismiss.
70 Holtec Answer Opposing Sierra Club Petition to 10/09/2018 ML18282A500 Intervene and Request for Adjudicatory Hearing.
Holtec lnt'I Answer Opposing Alliance Environmental 71 Strategies' Petition to Intervene and Request for 10/09/2018 ML18282A436 Hearing on Holtec lnt'I HI-STORE Consolidated Interim Storage Facility Application.
Holtec lnt'I Answer Opposing Beyond Nuclear Motion 72 for Leave to Reply to Holtec lnt'I, Interim Storage 10/09/2018 ML18282A442 Partners, and NRC Staff Responses to Beyond Nuclear Motion to Dismiss.
Holtec lnternational's Answer Opposing NAC 73 International Inc's Petition to Intervene and Request 10/09/2018 ML18282A455 for Hearing on Holtec lnternational's HI-STORE Consolidated Interim Storage Facility Application.
74 NRC Staff Consolidated Response to Petitions to 10/09/2018 ML18282A567 Intervene and Requests for Hearing.
75 NRC Staff Notices of Appearance and Certificate of 10/09/2018 ML18282A482 Service.
76 Beyond Nuclear's Reply to Oppositions to Hearing 10/16/2018 ML18289A496 Request and Petition to Intervene.
Combined Reply Of Don't Waste Michigan, Citizens' 77 Environmental Coalition, et al, to Holtec and NRC 10/16/2018 ML182898319 Staff Answers.
03/20/2019 8 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 9 of 14
RECORD DOCUMENT DOCUMENT ACCESSION ID DESCRIPTION DATE NUMBER Consolidated Response by Petitioner Alliance for 78 Environmental Strategies to Answers by Holtec and 10/16/2018 ML18289A533 NRC Staff.
79 Reply in Support of Petition to Intervene and Request 10/16/2018 ML18289A930 for Hearing of NAC International, Inc.
80 Sierra Club's Reply to Answers Filed by Holtec 10/16/2018 ML182898064 International and NRC Staff.
Holtec Motion to Strike Portions of Replies of Alliance 81 for Environmental Stategies, Don't Waste Michigan, et 10/26/2018 ML18299A316 al, NAC International and Sierra Club.
Order of the Secretary (Denying Motions to Dismiss
- Holtec-82 and Advising Hearing Requests and Motion to Dismiss 10/29/2018 ML18302A328 will be Referred to ASLBP)
- WCS-(Served separately on both Holtec & WCS dockets*)
ML18302A329 INTERIM STORAGE PARTNERS WCS CONSOLIDATED INTERIM STORAGE FACILITY 83 84 85 86 Federal Register Notice (83FR44070) - Revised License Application; Opportunity to Request a Hearing 08/29/2018 and to Petition for Leave to Intervene.
Federal Register Notice (83FR44680) - Correction Notice Regarding Due Date to Request a Hearing and 08/31/2018 to Petition for Leave to Intervene.
Beyond Nuclear, lnc.'s Motion to Dismiss Licensing Proceedings for HI-STORE Consolidated Interim Storage Facility and WCS Consolidated Interim 09/14/2018 Storage Facility for Violation of the Nuclear Waste Policy Act.
Beyond Nuclear, Inc., Exhibits 1-8 to Motion to Dismiss Licensing Proceedings for Hi-Store Consolidated Interim Storage Facility and WCS 09/14/2018 Consolidated Interim Storage Facility for Violation of the Nuclear Waste Policy Act.
03/20/2019 N/A N/A ML18257A312 ML18257A313 9 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 10 of 14
RECORD ID 87 88 89 90 91 92 93 94 95 DOCUMENT DESCRIPTION Certificate of Service for Beyond Nuclear's Motion to Dismiss.
Notice of Appearance for Diane Curran on behalf of Beyond Nuclear.
Notice of Appearance for Mindy Goldstein on behalf of Beyond Nuclear.
Errata to Beyond Nuclear'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 Policv Act.
Interim Storage Partners LLC's Response Opposing Beyond Nuclear, lnc.'s Unauthorized September 14, 2018 Filing.
NRC Staff's Response to Motions to Dismiss Licensing Proceedings.
Updated Notices of Appearance of Burdick, Matthews, and Lighty, and Notice of Appearance of Bessette on behalf of Interim Storage Partners.
Beyond Nuclear's Motion For Leave To Reply To Holtec International, Interim Storage Partners LLC, And NRC Staff Responses To Beyond Nuclear's Motion To Dismiss.
Beyond Nuclear's Reply To Holtec International, Interim Storage Partners LLC, And NRC Staff Responses To Beyond Nuclear's Motion To Dismiss.
03/20/2019 DOCUMENT ACCESSION DATE NUMBER 09/14/2018 ML18257A316 09/14/2018 ML18257A315 09/14/2018 ML18257A314 09/18/2018 ML18261A110 09/24/2018 ML18267A299 09/24/2018 ML18267A313 09/24/2018 ML18267A298 09/28/2018 ML18271A233 09/28/2018 ML18271A232 10 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 11 of 14
RECORD ID 96 97 98 99 100 101 102 103 104 DOCUMENT DESCRIPTION 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.
Motion of Fasken Land and Minerals, Ltd. and Permian Basin Land and Royalty Owners for Leave to Reply to NRC Staff's Response and Holtec lnternational's Answer and Opposition to Motions to Dismiss.
Notice of Appearance for Robert V. Eye on behalf of Fasken Land and Oil and Permian Basin Land and Royalty Owners.
Reply of Movants Fasken and PBLRO to Staff's Response to Motions to Dismiss.
Request for Extension on Deadline for Intervention by 37 Organizations and 4 Individuals.
Beyond Nuclear, lnc.'s Hearing Request and Petition to Intervene.
Notices of Appearance by Diane Curran, Mindy Goldstein, and Caroline Reiser on behalf of Beyond Nuclear.
Interim Storage Partners LLC's Answer Opposing Motions for Leave to Reply Submitted by Beyond Nuclear, Fasken, and PBLRO.
Interim Storage Partners LLC's Response Opposing Fasken Land and Minerals' and Permian Basin Land and Royalty Owners' Unauthorized September 28, 2018 Filing.
03/20/2019 DOCUMENT ACCESSION DATE NUMBER 09/28/2018 ML18271A244 09/28/2018 ML18271A243 09/28/2018 ML18271A242 09/28/2018 ML18271A245 10/02/2018 ML18276A066 10/03/2018 ML18276A242 10/03/2018 ML18276A241 10/05/2018 ML18278A264 10/05/2018 ML18278A253 11 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 12 of 14
RECORD ID 105 106 107 108 109 110 111 DOCUMENT DESCRIPTION Interim Storage Partners LLC's Answer Opposing Request for Extension of Intervention Deadline.
Amended Motion of Movants Fasken Land and Minerals, Ltd. and Permian Basin Land and Royalty Owners for Leave to Reply to Interim Storage Partner LLC's Answer and Opposition to Movants Motions to Dismiss.
Motion of Movants Fasken Land and Minerals, Ltd.
and Permian Basin Land and Royalty Owners for Leave to Reply to Interim Storage Partner LLC's Answer and Opposition to Movants Motions to Dismiss.
Fasken Land and Minerals, Ltd. and Permian Basin Land and Royalty Owners' Amended Certificate of Consultation.
Interim Storage Partners LLC's Answer Opposing Motion For Leave To Reply Submitted By Fasken And PBLRO.
NRC Staff Commission Notification - Informs of Letter Sent by NRC Staff in Response to Request for Extension of Scoping Period and Translation of Application into Spanish.
Order of the Secretary (Granting an Extension of the Hearing Request Deadline and Denying Other Requests for Relief Contained in Motion) 03/20/2019 DOCUMENT DATE 10/08/2018 10/11/2018 10/11/2018 10/16/2018 10/19/2018 10/24/2018 10/25/2018 ACCESSION NUMBER ML18281A012 ML18284A496 ML18284A477 ML18289A797 ML18292A803 ML18297A352 ML18298A335 12 of 12 USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 13 of 14
CERTIFICATE OF SERVICE I certify under penalty of perjury that on April 1, 2019, I filed the foregoing CERTIFIED INDEX OF THE RECORD with the U.S. Court of Appeals for the District of Columbia Circuit by filing it with the Courts CM/ECF system.
/s/ Andrew P. Averbach Andrew P. Averbach Solicitor U.S. Nuclear Regulatory Commission USCA Case #18-1340 Document #1780417 Filed: 04/01/2019 Page 14 of 14