ML23023A127
| ML23023A127 | |
| Person / Time | |
|---|---|
| Site: | Erwin |
| Issue date: | 01/23/2023 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| ASLBP 23-976-01-LA-BD02, RAS 56607, 70-143-LA | |
| Download: ML23023A127 (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) January 23, 2023 MEMORANDUM (Submission of 10 C.F.R. § 2.315(a) Limited Appearance Statements)
In this proceeding concerning the November 2021 application of BWXT Nuclear Fuel Services, Inc., (NFS) to amend the existing 10 C.F.R. Part 70 license for NFSs Erwin, Tennessee nuclear fuel fabrication facility to authorize NFS to provide uranium purification and conversion services, the Licensing Board is in receipt of a number of 10 C.F.R. § 2.315(a) written limited appearance statements.1 Each of these e-mailed statements, which were also submitted to the Office of the Secretary (SECY) for inclusion in the agencys Electronic Hearing Docket (EHD), expresses the senders opposition to the NFS amendment that is being challenged in petitioner Erwin Citizens Awareness Network, Inc.s pending request for a hearing.
Additionally, a number of these limited appearance statements question the process by which notice was given about the opportunity for the public to provide the Board with a limited 1 See, e.g., E-Mail from William Boone to Licensing Board and EHD (Jan. 18, 2023, 22:56 EST).
appearance statement. These statements assert that neither this proceedings initial August 31, 2022 Federal Register hearing opportunity notice nor the Board provided an explanation about how a member of the public could submit comments at the time of the Boards December 12, 2022 initial prehearing conference.
The Board notes that generally the initial Federal Register hearing opportunity notice associated with a licensing or enforcement case does not reference the section 2.315(a) limited appearance statement process. Instead, how and when limited appearance statements will be entertained is a matter left to the discretion of the presiding officer.2 In this instance, the Boards November 9, 2022 initial prehearing order provided the following guidance regarding limited appearance statements for this proceeding:
Finally, at some point later in this proceeding, the Board will determine whether it intends to conduct an oral limited appearance statements session. At present, however, in accord with 10 C.F.R. § 2.315(a), any person not a participant to this proceeding that wishes to make a statement regarding the issues in the proceeding can do so in writing. Limited appearance statements, which are placed in the docket for the proceeding, provide members of the public with an opportunity to make the Board and/or the participants aware of their concerns about matters at issue in the proceeding.3 The Board then set out instructions on how written limited appearance statements could be submitted at any time, indicating they could be mailed, faxed, or e-mailed to the Board Chair and to SECY per the contact information provided.4 2 See 10 C.F.R. § 2.315(a) (indicating written or oral limited appearance statements are permitted within the limits and on the conditions fixed by the presiding officer).
3 Licensing Board Memorandum and Order (Initial Prehearing Order) (Nov. 9, 2022) at 7 (unpublished).
4 Id. The contact information for SECY and the Board Chair is as follows:
Mail to: Office of the Secretary Attn: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Fax to: (301) 415-1101 (verification (301) 415-1677)
E-mail to: hearing.docket@nrc.gov
Because the submitted written limited appearance statements conformed to this submission guidance, they have been incorporated into the EHD case file for this proceeding.5 FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland January 23, 2023 Mail to: Administrative Judge G. Paul Bollwerk, III Atomic Safety and Licensing Board Panel Mail Stop T-3A02 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Fax to: (301) 415-5206 (verification (301) 415-7550)
E-mail to: paul.bollwerk@nrc.gov See id. at 7-8.
5 Additionally, because the individuals submitting the limited appearance statements are not on the E-Filing service list for this proceeding, the Board will provide these individuals with a copy of this issuance by e-mail.
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 (Submission of 10 C.F.R. § 2.315(a)
Limited Appearance Statements) 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 (Submission of 10 C.F.R. § 2.315(a) Limited Appearance Statements)
Counsel for the Erwin Citizens Awareness Network Terry J. Lodge 316 North Michigan Street, Suite 520 Toledo, OH 43604 E-mail: tjlodge50@yahoo.com Clara I. Digitally signed by Clara I. Sola Sola Date: 2023.01.23 12:24:19 -05'00' Office of the Secretary of the Commission Dated at Rockville, Maryland, this 23rd day of January 2023.
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