ML20353A030

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M201217: Affirmation Session - SECY-20-0012/12A/12B: Interim Storage Partners(Wcs CISF) LBP 19-7:Fasken-DEIS; SECY-20-0019/19A: Interim Storage Partners(Wcs CISF) Sierra Club LBP 19-9/19-7; SECY-20-0073: Nuclear Development(Bellefonte 1&2)
ML20353A030
Person / Time
Issue date: 12/17/2020
From:
NRC/SECY
To:
References
M201217
Download: ML20353A030 (7)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION PUBLIC MEETING Nuclear Regulatory Commission Commission Hearing Room 11555 Rockville Pike Rockville, Maryland December 17, 2020 The Commission met in open session, pursuant to notice at 2:30 PM., Kristine L. Svinicki, Chairman, presiding.

COMMISSIONERS PRESENT:

KRISTINE L. SVINICKI, Chairman JEFF M. BARAN, Member of the Commission (via teleconference)

ANNIE CAPUTO, Member of the Commission (via teleconference)

DAVID A. WRIGHT, Member of the Commission (via teleconference)

CHRISTOPHER T. HANSON, Member of the Commission (via teleconference)

ALSO PRESENT:

BROOKE CLARK, Acting General Counsel ANNETTE VIETTI-COOK, Secretary of the Commission

2 DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on December 17, 2020, conducted via teleconference. The meeting was open to the public. This transcript has not been reviewed, corrected or edited, and it may contain inaccuracies.

The transcript is intended solely for general information purposes. As provided by 10 CFR 9.103, it is not part of the formal or informal record of decision of the matters discussed.

Expressions of opinion in this transcript do not necessarily reflect final determination or beliefs.

No pleading or other paper may be filed with the Commission in any proceeding as the result of, or addressed to, any statement or argument contained herein, except as the Commission may authorize.

3

[2:30 p.m.]

PROCEEDINGS CHAIRMAN SVINICKI: Thank you operator, this is Chairman Kristine Svinicki at the Nuclear Regulatory Commission Headquarters. With me present are the Secretary of the Commission, and a representative of her staff, as well as the Acting General Counsel here present. I now gavel to order the Commissions affirmation session. My colleagues are participating remotely and therefore each affirmation item the Secretary will call their names affirmatively to confirm their presence and their votes. Madam Secretary, I believe we have three items for the Commission to affirm today would you please lead us through.

ANNETTE VIETTI-COOK: Yes, the first item is on SECY-20-0012/12A/12B, Interim Storage Partners, Limited Liability Company (Waste Control Specialist Consolidated Interim Storage Facility), Appeals of Licensing Board Panel-19-7: Fasken Proposed New Contention Based on Draft Environmental Impact Statement.

The Commission is being asked to act on a Memorandum and Order addressing an appeal from petitioners Beyond Nuclear, Incorporated; Fasken Land and Minerals Limited, and Permian Basin Land and Royalty Owners (together considered Fasken); and a coalition of petitioners known as the Joint Petitioners, of an Atomic Safety and Licensing Board decision denying their request for a hearing in the Interim Storage Partners, Limited Liability Company application to build a Consolidated Interim Storage Facility in Andrews, Texas. The Memorandum and Order also addresses Faskens motion to admit a new Contention 5 based on the draft Environmental Impact Statement.

The Commission has voted to approve a Memorandum and Order affirming the Boards decision denying the hearing requests and remanding Faskens Contention 5 to the Board for

4 consideration.

Would you please affirm your vote when I call your name?

CHAIRMAN SVINICKI: Aye.

COMMISSIONER BARAN: Aye.

COMMISSIONER CAPUTO: Aye.

COMMISSIONER WRIGHT: Aye.

COMMISSIONER HANSON: Aye.

ANNETTE VIETTI-COOK: The second item I have for affirmation is SECY-20-0019/19A, Interim Storage Partners, Limited Liability Company (Waste Control Specialist Consolidated Interim Storage Facility), Sierra Club Appeal of Licensing Board Panel-19-9 (Denying Motion to Amend and Granting Motion to Dismiss), Licensing Board Panel 7 (Denial of Contentions).

The Commission is being asked to act on a Memorandum and Order addressing Sierra Clubs appeal of two Atomic Safety and Licensing Board decisions related to the application of Interim Storage Partners, Limited Liability Company for a license to construct and operate a consolidated interim storage facility in Andrews County, Texas. The Boards decision Licensing Board Panel-19-7 dismissed sixteen of seventeen proposed Sierra Club contentions, and Licensing Board Panel-19-9 dismissed Sierra Clubs sole admitted contention as moot.

The Commission has voted to approve a Memorandum and Order which dismisses as moot Sierra Clubs appeal of Contention 9 and affirms the Board with respect to all other contentions.

Would you please affirm your vote when I call your name?

5 CHAIRMAN SVINICKI: Aye.

COMMISSIONER BARAN: Aye.

COMMISSIONER CAPUTO: Aye.

COMMISSIONER WRIGHT: Aye.

COMMISSIONER HANSON: Aye ANNETTE VIETTI-COOK: The third item for affirmation is SECY-20-0073, Nuclear Development, Limited Liability Company (Bellefonte Nuclear Plant, Units 1 and 2), Request for Hearing in License Transfer Proceeding.

The Commission is being asked to act on a Memorandum and Order addressing the petition to intervene and request for a hearing submitted by the Blue Ridge Environmental Defense League and its chapter Bellefonte Efficiency and Sustainability Team (collectively, Petitioners) regarding the license transfer application filed by Nuclear Development, Limited Liability Company for the transfer of the construction permits for Bellefonte Nuclear Plant, Units 1 and 2.

The Commission has voted to approve a Memorandum and Order denying the Petitioners request for a hearing and petition to intervene and terminating the proceeding.

Would you please affirm your vote when I call your name?

CHAIRMAN SVINICKI: Aye.

COMMISSIONER BARAN: Aye.

COMMISSIONER CAPUTO: Aye.

COMMISSIONER WRIGHT: Aye.

6 COMMISSIONER HANSON: Aye ANNETTE VIETTI-COOK: Thats all I have. Thank you very much.

CHAIRMAN SVINICKI: Thank you very much Madam Secretary. Before I close, does any member of the Commission wish to be recognized to make a statement on any of the decisions just affirmed by the Commission?

CHAIRMAN SVINICKI: Hearing none, I thank all colleagues and the Secretary of the Commission and the General Counsel. We are adjourned.

7 CERTIFICATE This is to certify that the attached description of a meeting of the U.S. Nuclear Regulatory Commission entitled:

TITLE OF MEETING: Affirmation Session (PUBLIC)

PLACE OF MEETING: Rockville, Maryland DATE OF MEETING: December 17, 2020 was held as herein appears, is a true and accurate record of the meeting, and that this is the original transcript thereof taken stenographically by me, thereafter reduced to typewriting by me or under the direction of the court reporting company.

Transcriber: Marcia Pringle Reporter: (TELECONFERENCE)