ML19154A586
| ML19154A586 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 06/03/2019 |
| From: | Matthews T Consolidated Interim Storage Facility, Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Gary Arnold, Paul Ryerson, Nicholas Trikouros Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 72-1050-ISFSI, ASLBP 19-959-01-ISFSI-BD01, E-54257, RAS 55024 | |
| Download: ML19154A586 (3) | |
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Timothy P. Matthews Partner
+1.202.739.5527 timothy.matthews@morganlewis.com Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004
+1.202.739.3000 United States
+1.202.739.3001 June 3, 2019 Paul S. Ryerson, Chairman Nicholas G. Trikouros Gary S. Arnold Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Docket:
Interim Storage Partners LLC (WCS Consolidated Interim Storage Facility), Docket No. 72-1050-ISFSI Re:
Licensing Board Notification Regarding ISP Letter E-54257
Dear Administrative Judges:
In accordance with its obligation to inform the Licensing Board of relevant developments,1 Interim Storage Partners LLC (ISP) hereby notifies the Board and the parties that, on May 31, 2019, it submitted, to the U.S. Nuclear Regulatory Commission (NRC) Staff, ISP Letter E-54257, which contains ISPs partial response to the NRC Staffs First Request for Additional Information (RAI),
Part 1, issued November 16, 2018. In addition, Attachment 4 to ISP Letter E-54257 includes two additional changes to ISPs License Application that are not related to the RAI questions. Excerpts from the Letter, which the Board and the parties may find relevant to certain proposed contentions, are attached hereto.
First, ISP removed from the License Application its request for an exemption from the requirements specified in 10 C.F.R. § 72.30, Financial Assurance for Decommissioning. As noted in the attachment, ISP no longer intends to pursue providing an alternative method of financial assurance for decommissioning. The Board and the parties may view this change as relevant to Beyond Nuclears Proposed Contention, Permian Basin Land and Royalty Organizations and Fasken Land and Minerals (PBLRO/Fasken) Referred Motion to Dismiss, Sierra Clubs Proposed Contentions 1 and 9, and Joint Petitioners (Dont Waste Michigan et al.) Objection and Proposed Contention 3.
1 See Duke Power Co. (William B. McGuire Nuclear Station, Units 1 & 2), ALAB-143, 6 AEC 623, 625 (1973).
Paul S. Ryerson, Chairman May 28, 2019 Page 2 Second, ISP is updating the Environmental Report (ER) to reflect the correct status of the lesser prairie chicken. In July 2016, the U.S. Fish and Wildlife Service de-listed the lesser prairie chicken from threatened to under review. This change updates the ER to reflect its current status. The Board and the parties may view this change as relevant to Sierra Clubs Proposed Contention 13, and PBLRO/Faskens Proposed Contention 5.
Finally, ISPs response to RAI 2.2-2 includes a discussion of gas and oilfield operations in the vicinity of the proposed facility. The Board and the parties may view this information as relevant to PBLRO/Faskens Proposed Contention 2 and Joint Petitioners Proposed Contention 6.
Respectfully submitted, Executed in accord with 10 C.F.R. § 2.304(d)
Timothy P. Matthews, Esq.
MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Ave., NW Washington, D.C. 20004 Phone: (202) 739-5527 Fax: (202) 739-3001 E-mail: timothy.matthews@morganlewis.com Counsel for Interim Storage Partners LLC
Enclosures:
DB1/ 104272362 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 June 3, 2019 CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, the foregoing Licensing Board Notification Regarding ISP Letter E-54257 and corresponding enclosures were 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