ML19158A402

Order (Establishing Format for Oral Argument)

ML19158A402
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	06/07/2019
From:	Paul Ryerson Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
72-1050-ISFSI, ASLBP 19-959-01-ISFSI-BD01, RAS 55026
Download: ML19158A402 (5)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Paul S. Ryerson, Chairman Nicholas G. Trikouros Dr. Gary S. Arnold In the Matter of INTERIM STORAGE PARTNERS LLC (WCS Consolidated Interim Storage Facility)

Docket No. 72-1050-ISFSI ASLBP No. 19-959-01-ISFSI-BD01 June 7, 2019 ORDER (Establishing Format for Oral Argument)

The Board will hear oral argument concerning standing and contention admissibility on Wednesday, July 10 and, as necessary, Thursday, July 11, 2019 in the Commissioners Courtroom at the Midland County Courthouse, located at 500 N Loraine Street, Midland, Texas.

The argument will commence at 9:00 a.m. Central Daylight Time (CDT).

The argument will be conducted in two phases.

During the first phase, each petitioner may address what it contends are relevant differences between this proceeding and the proceeding concerning the application of Holtec International (Holtec) for a license to construct and operate a consolidated interim storage facility in New Mexico.1 For example, Sierra Club Contentions 1-8, 14, and 16 in this proceeding appear, on their face, similar to Sierra Club Contentions 1-5, 11, 6-7, 9, and 20, respectively, in the Holtec proceeding. Contentions 4, 10, 12, and 13 submitted by the Joint 1 Holtec Intl (HI-STORE Consol. Interim Storage Facility), LBP-19-4, 89 NRC __ (May 7, 2019).

Petitioners2 in this proceeding appear, on their face, similar to Contentions 3, 10, 4, and 6, respectively, proffered by a nearly identical group of petitioners in the Holtec proceeding.

In the Holtec proceeding, the Board recently determined no contention to be admissible.3 However, as the Board recognizes, the sites and the applications at issue in these separate proceedings are not the same.

Accordingly, during the first phase of the argument, the Board will permit each petitioner an extended opening statement, and encourages petitioners to focus on differences between these two proceedings (not limited to differences pertaining to the contentions specifically identified above). For this purpose, the Board will allow each of the four petitioners counsel up to 45 minutes. After each petitioner counsel speaks, counsel for the applicant Interim Storage Partners LLC (Applicant) shall have an equal amount of time to respond, after which counsel for the NRC Staff may briefly speak.

The purpose of the second phase of the argument will be to allow the Board to question the participants about any aspect of their pleadings.4 In addition to being prepared to answer such questions, counsel for the Applicant should be ready to address the following:

1. Does the Applicant agree that, absent new legislation, the U.S. Department of Energy could not lawfully assume ownership of the spent nuclear fuel in the proposed interim storage facility?

2 Joint Petitioners in this proceeding comprise of seven organizations and one person: Dont Waste Michigan, Citizens Environmental Coalition, Citizens for Alternatives to Chemical Contamination, Nuclear Energy Information Service, Public Citizen, Inc., San Luis Obispo Mothers for Peace, Sustainable Energy and Economic Development Coalition, and individual Leona Morgan. Six of these organizations were also petitioners in the Holtec proceeding.

3 Holtec, LBP-19-4, 89 NRC at __ (slip op. at 135-36).

4 The Board will likely also have some questions for the participants during opening statements.

2. If the Applicant does not agree, has any petitioner raised an admissible legal issue contention concerning this issue?

The Applicant may, if it wishes, file and serve a written response to these two questions in advance of the argument.

After the Boards questioning concludes, the participants may be allowed to make very brief closing statements, time permitting.

Members of the public and representatives of the media are welcome to attend and observe the oral argument. However, in accordance with NRC policy,5 signs, banners, posters, displays, and demonstrations are prohibited, and all participants and observers must comply with the local rules of the Court.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 7, 2019 5 See Procedures for Providing Security Support for NRC Public Meetings/Hearings, 66 Fed.

Reg. 31,719 (June 12, 2001).

/RA/

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

INTERIM STORAGE PARTNERS LLC

) Docket No. 72-1050-ISFSI

)

(WCS Consolidated Interim Storage Facility) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Establishing Format for Oral Argument) have been served upon the following persons by the Electronic Information Exchange:

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 Paul S. Ryerson, Chair Administrative Judge E-mail: paul.ryerson@nrc.gov Nicholas G. Trikouros Administrative Judge E-mail: nicholas.trikouros@nrc.gov Dr. Gary S. Arnold Administrative Judge E-mail: gary.arnold@nrc.gov Joseph McManus, Law Clerk Taylor Mayhall, Law Clerk Molly Mattison, Law Clerk E-mail: joseph.mcmanus@nrc.gov taylor.mayhall@nrc.gov molly.mattison@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O16-B33 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O16-B33 Washington, DC 20555-0001 Hearing Docket E-mail: Hearing.Docket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Joe Gillespie, Esq.

Sara Kirkwood, Esq.

Mauri Lemoncelli, Esq.

Patrick Moulding, Esq.

Carrie Safford, Esq.

Thomas Steinfeldt Alana Wase, Esq.

Brian Newell, Senior Paralegal E-mail: joe.gillespie@nrc.gov sara.kirkwood@nrc.gov mauri.lemoncelli@nrc.gov patrick.moulding@nrc.gov carrie.safford@nrc.gov thomas.steinfeldt@nrc.gov alana.wase@nrc.gov

Docket No. 72-1050-ISFSI ORDER (Establishing Format for Oral Argument) 2 Counsel for Beyond Nuclear Diane Curran, Esq.

Harmon, Curran, Spielberg and Eisenberg 1725 DeSales Street NW, Suite 500 Washington, DC 20036 E-mail: dcurran@harmoncurran.com Mindy Goldstein, Esq.

Emory University School of Law Turner Environmental Law Clinic 1301 Clifton Road Atlanta, GA 30322 E-mail: magolds@emory.edu Diane DArrigo Nuclear Information and Resource Service (NIRS) 6930 Carroll Avenue Suite 340 Takoma Park, MD 20912 Email: dianed@nirs.org Karen D. Hadden Executive Director, Sustainable Energy and Economic Development (SEED) Coalition 605 Carismatic Lane Austin, TX 78748 E-mail: karendhadden@gmail.com Counsel for Interim Storage Partners LLC Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue NW Washington, DC 20004 Timothy Matthews, Esq.

Ryan Lighty, Esq.

Paul Bessette, Esq.

E-mail: timothy.matthews@morganlewis.com ryan.lighty@morganlewis.com paul.bessette@morganlewis.com Chris Hebner, Esq.

City of San Antonio, TX P.O. Box 839966 San Antonio, TX 78283 E-mail: chris.hebner@sanantonio.gov Counsel for Sierra Club Wallace Taylor 4403 1st Avenue S.E.

Suite 402 Cedar Rapids, IA 52402 E-mail: wtaylorlaw@aol.com Counsel for Fasken Land and Oil and Permian Basin Land and Royalty Owners Robert V. Eye Law Office, L.L.C.

Robert Eye, Esq.

Timothy Laughlin 4840 Bob Billings Parkway, Suite 1010 Lawrence, KS 66049 E-mail: bob@kauffmaneye.com tijay1300@gmail.com Counsel for Dont Waste Michigan, et al Terry Lodge, Esq.

316 N. Michigan Street Suite 520 Toledo, OH 43604 E-mail: tjlodge50@yahoo.com

[Original signed by Krupskaya T. Castellon]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 7th day of June, 2019