ML20231A692
| ML20231A692 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 08/18/2020 |
| From: | Bavol R NRC/SECY |
| To: | Perales M Fasken Land & Minerals, Ltd, Permian Basin Land and Royalty Owners |
| SECY RAS | |
| References | |
| ASLBP 18-958-01-ISFSI-BD01, RAS 55769, Holtec International | |
| Download: ML20231A692 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 18, 2020 Monica Renee Perales, Esq.
Attorney for Petitioners Fasken Land and Minerals, Ltd. and Permian Basin Coalition of Land and Royalty Owners and Operators 6101 Holiday Hill Road Midland, TX 79707
Dear Ms. Perales:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to the letter you submitted to Chairman Svinicki via the Electronic Information Exchange on August 12, 2020, regarding the August 5, 2020 Oral Argument on Docket No. 72-1051-ISFSI before the Atomic Safety and Licensing Board. Your letter raises concerns regarding the manner in which the August 5, 2020, pre-hearing conference in the Holtec proceeding was conducted.
Given that this contested proceeding is ongoing, it would be inappropriate for the Chairman to discuss or comment on your letter at this time. This is because the Commission must remain impartial during the pendency of the proceeding.
A copy of your letter and this response will be served on the participants in the Holtec CISF proceeding.
Sincerely, Rochelle C. Digitally signed by Rochelle C. Bavol Bavol Date: 2020.08.18 14:41:16 -04'00' Rochelle C. Bavol Acting Secretary
August 12, 2020 Kristine L. Svinicki Chairwoman U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738
Subject:
August 5, 2020 Oral Argument on Docket No. 72-1051-ISFSI (ML20177A577) before the Atomic Safety and Licensing Board (ALSB)
Dear Chairwoman,
I am writing to register my strongest protest in regard to the manner in which the subject hearing was conducted.
On August 5th, 2020, Fasken Land and Minerals, Ltd. and Permian Basin Coalition of Land and Royalty Owners and Operators (Petitioners) were prepared to present information to Judges Ryerson, Trikouros, and Arnold in the matter of ASLBP No.
18-958-01-ISFSI-BD01 and supportive of our two motions before the Board.
As set out by the July 25th ALSB subject Order, Petitioners were ... prepared to respond to the Boards questions on any aspect of the pleadings. We had been informed that we would be allowed to discuss and present information supporting our position. We were asked to introduce the persons making appearances at the outset of the call and did so, identifying both our counsel and our technical experts.
When the time came for our planned presentations to be made, we were not allowed to present the information. Judge Ryerson revoked our ability to have our experts heard and confined comments only to counsel, not the enumerated persons who had notified the ALSB at the outset that they were planning and prepared to comment on the matters before the Board.
If we had been notified in advance that only counsel would have been able to address the Board, we would have altered our presentation to present those facts. As it stands now, we were denied the ability to effectively defend the merits of our motions and several questions from the judges went unanswered as a result. From the meeting audio, you clearly hear multiple attempts to bring on the persons with the expertise to answer the questions while being denied the right to address those questions by the Chairman.
Petitioners have every right to fully and openly address the ALSB in regard to our motions and in a manner that speaks to the appropriate protections of our substantial assets, including our combined several hundred thousand acres of land, as well as significant mineral reserves that provide the United States with much needed energy security and independence.
We are very disappointed with the treatment we received by the ALSB Chairman that severely curtailed our ability to present the prepared defense of our motions. It is our sincere hope that both you and the Commission take appropriate measures to address this violation of our right to a fair hearing and to ensure such violations are not repeated in the future.
Thank you for your assistance in this matter.
/electronically signed by Monica Perales Monica Renee Perales, Esq.
6101 Holiday Hill Road Midland, TX 79707 Phone (432)687-1777 Attorney for Petitioners Fasken Land and Minerals, Ltd. and Permian Basin Coalition of Land and Royalty Owners and Operators
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
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HOLTEC INTERNATIONAL ) Docket No. 72-1051-ISFSI
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(HI-STORE Consolidated Interim Storage )
Facility) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter from NRC Acting Secretary, Rochelle Bavol, to Monica Perales of Fasken & PBLRO have been served upon the following persons by Electronic Information Exchange (EIE).
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 Paul S. Ryerson, Chair Sheldon Clark, Esq.
Administrative Judge Joseph I. Gillespie, Esq.
Esther Houseman, Esq.
Nicholas G. Trikouros Sara B. Kirkwood, Esq.
Administrative Judge Mauri Lemoncelli, Esq.
Patrick Moulding, Esq.
Dr. Gary S. Arnold Carrie Safford, Esq.
Administrative Judge Thomas Steinfeldt, Esq.
Rebecca Susko, Esq.
E-mail: paul.ryerson@nrc.gov Alana M. Wase, Esq.
nicholas.trikouros@nrc.gov Brian Newell, Senior Paralegal gary.arnold@nrc.gov Stacy Schumann, Paralegal E-mail: sheldon.clark@nrc.gov joe.gillespie@nrc.gov Ian Curry, Law Clerk esther.houseman@nrc.gov Stephanie Fishman, Law Clerk sara.kirkwood@nrc.gov Molly Mattison, Law Clerk mauri.lemoncelli@nrc.gov Taylor Mayhall, Law Clerk patrick.moulding@nrc.gov E-mail: ian.curry@nrc.gov carrie.safford@nrc.gov stephanie.fishman@nrc.gov thomas.steinfeldt@nrc.gov molly.mattison@nrc.gov rebecca.susko@nrc.gov taylor.mayhall@nrc.gov alana.wase@nrc.gov brian.newell@nrc.gov stacy.schumann@nrc.gov
Holtec International - Docket No. 72-1051-ISFSI Letter from NRC Acting Secretary, Rochelle Bavol, to Monica Perales of Fasken & PBLRO Counsel for Holtec International Counsel for Dont Waste Michigan Pillsbury Winthrop Shaw Pittman LLP 316 N. Michigan Street, Suite 520 1200 Seventeenth Street, NW Toledo, OH 43604-5627 Washington, DC 20036 Terry J. Lodge, Esq.
Meghan Hammond, Esq. E-mail: tjlodge50@yahoo.com Anne Leidich, Esq.
Michael Lepre, Esq. Counsel for Sierra Club Jay Silberg, Esq. 4403 1st Avenue SE, Suite 402 Timothy Walsh, Esq. Cedar Rapids, IA 52402 Sidney Fowler, Esq. Wallace L. Taylor, Esq.
E-mail: meghan.hammond@pillsburylaw.com E-mail: wtaylor784@aol.com anne.leidich@pillsburylaw.com michael.lepre@pillsburylaw.com Counsel for NAC International Inc.
jay.silberg@pillsburylaw.com Robert Helfrich, Esq.
timothy.walsh@pillsburylaw.com NAC International Inc.
sidney.fowler@pillsburylaw.com 3930 E Jones Bridge Rd., Ste. 200 Norcross, GA 30092 Counsel for Beyond Nuclear E-mail: rhelfrich@nacintl.com Harmon, Curran, Spielberg & Eisenberg LLP 1725 DeSales Street NW Hogan Lovells LLP Suite 500 555 13th Street NW Washington, DC 20036 Washington, DC 20004 Diane Curran, Esq. Sachin S. Desai, Esq.
E-mail: dcurran@harmoncurran.com Allison E. Hellreich, Esq.
E-mail: sachin.desai@hoganlovells.com Turner Environmental Law Clinic allison.hellreich@hoganlovells.com 1301 Clifton Road Atlanta, GA 30322 Counsel for Fasken Land and Oil and Permian Mindy Goldstein, Esq. Basin Land and Royalty Owners E-mail: magolds@emory.edu Monica R. Perales, Esq.
6101 Holiday Hill Road Counsel for Alliance Environmental Strategies Midland, TX 79707 Law Office of Nancy L. Simmons E-mail: monicap@forl.com 120 Girard Boulevard SE Albuquerque, NM 87106 Kanner & Whiteley, LLC 701 Camp Street Nancy L. Simmons, Esq. New Orleans, LA 70130 E-mail: nlsstaff@swcp.com Allan Kanner, Esq.
Elizabeth Petersen, Esq.
Cynthia St. Amant, Esq Eddy-Lea Energy Alliance Conlee Whiteley, Esq .
102 S. Canyon E-mail: a.kanner@kanner-law.com Carlsbad, NM 88220 e.petersen@kanner-law.com c.stamant@kanner-law.com John A. Heaton c.whiteley@kanner-law.com E-mail: jaheaton1@gmail.com 2
Holtec International - Docket No. 72-1051-ISFSI Letter from NRC Acting Secretary, Rochelle Bavol, to Monica Perales of Fasken & PBLRO Eddy County, NM* City of Hobbs, NM 101 W. Greene Street 2605 Lovington Highway Carlsbad, NM Hobbs, NM 88242 Rick Rudometkin Garry A. Buie E-mail: rrudometkin@co.eddy.nm.us E-mail: gabuie52@hotmail.com
- Eddy County not served due to no representative for the County assigned at the time of Mr. Rudometkins departure. City of Carlsbad, NM 1024 N. Edward Carlsbad, NM 88220 Lea County, NM 100 N. Main Jason G. Shirley Lovington, NM 88260 E-mail: jgshirley@cityofcarlsbadnm.com Jonathan B. Sena E-mail: jsena@leacounty.net Digitally signed by Herald M.
Herald M. Speiser Speiser Date: 2020.08.18 15:11:15 -04'00' Office of the Secretary of the Commission Dated at Rockville, Maryland, this 18th day of August 2020 3