ML19158A402
| 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 Docket No. 72-1050-ISFSI INTERIM STORAGE PARTNERS LLC ASLBP No. 19-959-01-ISFSI-BD01 (WCS Consolidated Interim Storage Facility) 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
/RA/
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).
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 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the Secretary of the Commission Mail Stop: T-3F23 Mail Stop: O16-B33 Washington, DC 20555-0001 Washington, DC 20555-0001 Hearing Docket Paul S. Ryerson, Chair E-mail: Hearing.Docket@nrc.gov Administrative Judge E-mail: paul.ryerson@nrc.gov U.S. Nuclear Regulatory Commission Nicholas G. Trikouros Office of the General Counsel Administrative Judge Mail Stop - O-14A44 E-mail: nicholas.trikouros@nrc.gov Washington, DC 20555-0001 Joe Gillespie, Esq.
Dr. Gary S. Arnold Sara Kirkwood, Esq.
Administrative Judge Mauri Lemoncelli, Esq.
E-mail: gary.arnold@nrc.gov Patrick Moulding, Esq.
Carrie Safford, Esq.
Joseph McManus, Law Clerk Thomas Steinfeldt Taylor Mayhall, Law Clerk Alana Wase, Esq.
Molly Mattison, Law Clerk Brian Newell, Senior Paralegal E-mail: joseph.mcmanus@nrc.gov E-mail: joe.gillespie@nrc.gov taylor.mayhall@nrc.gov sara.kirkwood@nrc.gov molly.mattison@nrc.gov mauri.lemoncelli@nrc.gov patrick.moulding@nrc.gov carrie.safford@nrc.gov thomas.steinfeldt@nrc.gov U.S. Nuclear Regulatory Commission alana.wase@nrc.gov Office of Commission Appellate Adjudication Mail Stop: O16-B33 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov
Docket No. 72-1050-ISFSI ORDER (Establishing Format for Oral Argument)
Counsel for Beyond Nuclear Karen D. Hadden Executive Director, Diane Curran, Esq. Sustainable Energy and Harmon, Curran, Spielberg and Eisenberg Economic Development (SEED) Coalition 1725 DeSales Street NW, Suite 500 605 Carismatic Lane Washington, DC 20036 Austin, TX 78748 E-mail: dcurran@harmoncurran.com E-mail: karendhadden@gmail.com Mindy Goldstein, Esq.
Emory University School of Law Counsel for Interim Storage Partners LLC Turner Environmental Law Clinic Morgan, Lewis & Bockius LLP 1301 Clifton Road 1111 Pennsylvania Avenue NW Atlanta, GA 30322 Washington, DC 20004 E-mail: magolds@emory.edu Timothy Matthews, Esq.
Ryan Lighty, Esq.
Paul Bessette, Esq.
Diane DArrigo E-mail: timothy.matthews@morganlewis.com Nuclear Information and ryan.lighty@morganlewis.com Resource Service (NIRS) paul.bessette@morganlewis.com 6930 Carroll Avenue Suite 340 Takoma Park, MD 20912 Email: dianed@nirs.org Chris Hebner, Esq. Counsel for Sierra Club City of San Antonio, TX Wallace Taylor P.O. Box 839966 4403 1st Avenue S.E.
San Antonio, TX 78283 Suite 402 E-mail: chris.hebner@sanantonio.gov Cedar Rapids, IA 52402 E-mail: wtaylorlaw@aol.com Counsel for Fasken Land and Oil and Counsel for Dont Waste Michigan, et al Permian Basin Land and Royalty Owners Terry Lodge, Esq.
Robert V. Eye Law Office, L.L.C. 316 N. Michigan Street Robert Eye, Esq. Suite 520 Timothy Laughlin Toledo, OH 43604 4840 Bob Billings Parkway, Suite 1010 Lawrence, KS 66049 E-mail: tjlodge50@yahoo.com E-mail: bob@kauffmaneye.com tijay1300@gmail.com
[Original signed by Krupskaya T. Castellon]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 7th day of June, 2019 2