ML22340A434
| ML22340A434 | |
| Person / Time | |
|---|---|
| Site: | Erwin |
| Issue date: | 12/06/2022 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| ASLBP 23-976-01-LA-BD02, RAS 56548, 70-143-LA | |
| Download: ML22340A434 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Licensing Board:
G. Paul Bollwerk, III, Chair William J. Froehlich Dr. Sue H. Abreu In the Matter of Docket No. 70-143-LA NUCLEAR FUEL SERVICES, INC. ASLBP No. 23-976-01-LA-BD02 (License Amendment Application) December 6, 2022 MEMORANDUM AND ORDER (Scheduling Initial Prehearing Conference)
The Licensing Board will conduct an initial prehearing conference in this 10 C.F.R. Part 70 license amendment proceeding on Monday, December 12, 2022, beginning at 1:00 p.m.
Eastern Time (ET) to hear oral argument on the admissibility of the four contentions proffered by petitioner Erwin Citizens Awareness Network, Inc., (ECAN).1 Set forth below are details on information technology and administrative matters relevant to the conduct of the conference.
A. Information Technology Matters The oral argument will be conducted virtually using the Cisco WebEx web conferencing platform. The Boards law clerk, Noel Johnson, will contact the participants counsel by e-mail to (1) schedule a test session conducted by the Licensing Board Panels Information Technology staff to identify and mitigate any technical issues concerning access to the status 1 The question of petitioner ECANs standing will not be a subject of the argument.
conference; and (2) provide information about accessing the Cisco WebEx web conference to the participants counsel.
For the public and other interested persons, the Board will provide telephone listen-only access to the oral argument by dialing 800-982-7291 and entering the passcode 8332009, followed by the # sign.
B. Administrative Matters The oral arguments primary purpose is to allow the Board to ask questions and obtain answers concerning the admissibility of ECANs four proffered contentions under 10 C.F.R.
§ 2.309(f)(1). Petitioner ECAN will have 30 minutes to present its arguments on contention admissibility issues, with applicant BWXT Nuclear Fuel Services, Inc., and the Nuclear Regulatory Commission Staff each allotted 20 minutes to respond. Petitioner ECAN may reserve up to 10 minutes of its prescribed time for rebuttal. No other rebuttal will be permitted.
In their oral presentations, participants counsel should not merely repeat arguments presented in their written filings. Instead, they should focus on identifying the principal points in controversy and the information that supports or rebuts their claims. Because the argument is not an evidentiary hearing, the participants should not attempt to introduce evidence during the argument. Consequently, material that has not already been cited in the participants pleadings before the Board should not be used.
Further, given the scope of the issues before the Board and the time allotted to each of the three participants for argument, the Board does not anticipate hearing from more than one counsel for each participant. Those counsel will also be the only participant representative given WebEx video access to the argument per section A above, with all other counsel and participant representatives being afforded access via the listen-only telephone connection.2 2 The Board recognizes that because the conference is being conducted virtually, a participants counsel may not be in the presence of those individuals who might be able to provide information that would help frame the most accurate response to a Board inquiry,
Accordingly, on or before noon ET on Wednesday, December 7, 2022, each of the three participants should provide Board law clerk Noel Johnson, noel.johnson@nrc.gov, with an e-mail specifying the name of the single counsel who will be making a presentation on behalf of that participant.
Although the participants counsel will be appearing remotely, the Board encourages all those taking part in the oral argument to conduct themselves as if in a hearing room setting, including seeking to minimize outside noise and interruptions while the conference is ongoing.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland December 6, 2022 particularly regarding technical matters. If a participant believes it needs video access to the argument for more than one representative for consultation purposes, by the Wednesday deadline cited above it should provide a separate e-mail to the Boards law clerk, with a copy to all other participants, that identifies the additional individual(s) who should be given video access and explains why such access is necessary.
It should be noted that video access will not provide participants counsel with the ability to communicate with the designated individual(s). Accordingly, counsel should make other communications arrangements that will allow for prompt consultation in formulating a response to a Board question.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Nuclear Fuel Services, Inc. ) Docket No. 70-143-LA
)
(Application to Amend Special Nuclear )
Materials License SNM-124) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Scheduling Initial Prehearing Conference) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov Adam S. Gendelman Travis C. Jones Mauri T. Lemoncelli U.S. Nuclear Regulatory Commission Joseph D. McManus Office of the Secretary of the Commission Nicolas P. Mertz Mail Stop: O-16B33 Kevin C. Roach Washington, DC 20555-0001 E-mail: Adam.Gendelman@nrc.gov E-mail: hearingdocket@nrc.gov Travis.Jones@nrc.gov Mauri.Lemoncelli@nrc.gov Joseph.McManus@nrc.gov U.S. Nuclear Regulatory Commission Nicolas.Mertz@nrc.gov Atomic Safety and Licensing Board Panel Kevin.Roach@nrc.gov Mail Stop: T-3F23 Washington, DC 20555-0001 Roy Hawkens, Chief Administrative Judge Nuclear Fuel Services, Inc.
Dr. Sue H. Abreu, Associate Chief 1205 Banner Hill Road Administrative Judge (Technical) Erwin, TN 37650 G. Paul Bollwerk, Administrative Judge Timothy A. Knowles William J. Froehlich, Administrative Judge Director, Safety and Safeguards Noel M. Johnson, Law Clerk E-mail: taknowles@nuclearfuelservices.com Emily G. Newman, Law Clerk Allison R. Wood, Law Clerk E-mail: roy.hawkens@nrc.gov Counsel for Nuclear Fuel Services, Inc.
sue.abreu@nrc.gov Morgan, Lewis & Bockius, LLC paul.bollwerk@nrc.gov 1111 Pennsylvania Ave NW william.froehlich@nrc.gov Washington, DC 20004 Noel.Johnson@nrc.goc Ryan K. Lighty Emily.Newman@nrc.gov Molly Mattison allison.wood@nrc.gov E-mail: ryan.lighty@morganlewis.com Molly.Mattison@morganlewis.com
Nuclear Fuel Services 70-143-LA MEMORANDUM AND ORDER (Scheduling Initial Prehearing Conference)
Counsel for the Erwin Citizens Awareness Network Terry J. Lodge 316 North Michigan Street, Suite 520 Toledo, OH 43604 E-mail: tjlodge50@yahoo.com Digitally signed by Clara Clara I. Sola I. Sola Date: 2022.12.06 09:22:23 -05'00' Office of the Secretary of the Commission Dated at Rockville, Maryland, this 6th day of December 2022.
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