ML19140A424
| ML19140A424 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 05/20/2019 |
| From: | Bessette P, Lighty R, Matthews T Consolidated Interim Storage Facility, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 72-1050-ISFSI, ASLBP 19-959-01-ISFSI-BD01, RAS 54995 | |
| Download: ML19140A424 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
INTERIM STORAGE PARTNERS LLC (WCS Consolidated Interim Storage Facility)
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Docket No. 72-1050-ISFSI May 20, 2019 INTERIM STORAGE PARTNERS LLCS RESPONSE REGARDING LOCATION OF ORAL ARGUMENT Pursuant to the Atomic Safety and Licensing Boards (Board) May 7, 2019 Order,1 Interim Storage Partners LLC (ISP) hereby submits this brief statement of position concerning location for oral argument on standing and contention admissibility. The Boards Order identified Lubbock, Texas as a possible location and invited participants perspectives.
In the interest of maximizing participation and minimizing the expense on all participants, ISP recommends Rockville, Maryland as the oral argument venue. In ISPs view, given the wide geographic dispersion of the participants and their counsel, the Boards facility in Rockville offers the most efficient and convenient location. Rockville is proximate to: (a) the Board, their clerks, and the court reporter; (b) NRC Staff and Staff counsel; (c) Applicants counsel and members of its support team; and (d) certain of Petitioners and their counsel.
Reasonably-priced travel options are plentiful.
Although located in West Texas, Lubbock is not meaningfully proximate to any of the participants or their counsel, nor is it convenient to members of the public residing in Andrews 1
Order (Regarding Location of Oral Argument) (May 7, 2019) (unpublished) (ML19127A031).
the community of the Applicants facility. The Lubbock County Courthouse is approximately 130 miles from the Andrews siteover two hours in each direction.
Oral argument in Lubbock would impose significant travel and lodging expenses for all hearing participants and counsel. Moreover, given the agencys practice of transmitting the proceedings electronically, no location in Texas presents an advantage over Rockville in terms of opportunity for interested members of the public to observe the Boards proceedings. On balance, the burdens associated with conducting the hearing in Lubbock do not obviously further any agency purpose.
If the Board prefers to conduct this argument on standing and contention admissibility in the host community, ISP respectfully offers that municipal facilities in Andrews, Texas are well suited to this purpose.2 Nonetheless, because Rockville is proximate to the greatest number of participants and counsel, ISP recommends it.
2 ISP notes that Petitioners suggestion of Midland, Texas suffers from many of the same drawbacks of Lubbock without meaningful or cognizable benefit. And, Petitioners suggestion that the Board consider the desires of the petroleum industry and other non-participants to appear before the Board at the oral argument misunderstands or presumes a change in the Boards clearly articulated position on availability and benefit of limited appearance statements by non-petitioners. Again, given the agencys practice of transmitting the proceedings electronically, the ability of these entities to observe the proceedings is in no way diminished by holding oral arguments in Rockville.
Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)
Timothy P. Matthews, Esq.
Paul M. Bessette, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: (202) 739-5527 Phone: (202) 739-5796 E-mail: timothy.matthews@morganlewis.com E-mail: paul.bessette@morganlewis.com 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 Dated in Washington, DC this 20th day of May 2019
DB1/ 104008181 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
INTERIM STORAGE PARTNERS LLC (WCS Consolidated Interim Storage Facility)
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Docket No. 72-1050-ISFSI May 20, 2019 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, the foregoing INTERIM STORAGE PARTNERS LLCS RESPONSE REGARDING LOCATION OF ORAL ARGUMENT was served upon the Electronic Information Exchange (the NRCs E-Filing System), in the above-captioned proceeding.
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 Fax: (202) 739-3001 E-mail: ryan.lighty@morganlewis.com Counsel for Interim Storage Partners LLC