ML24319A119
| ML24319A119 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 11/14/2024 |
| From: | Emily Krause Atomic Safety and Licensing Board Panel |
| To: | Blind A, Kristin Davis, Ebert D, Flynn J, Flynn T, Hoffman C, Hoffman M, Moevs C - No Known Affiliation, Holtec Decommissioning International, Holtec Palisades, NRC/OGC |
| SECY RAS | |
| References | |
| RAS 57193, ASLBP 24-986-01-LA-BD01, 50-255-LA-3 | |
| Download: ML24319A119 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Emily I. Krause, Chair Dr. Gary S. Arnold Dr. Arielle J. Miller In the Matter of HOLTEC DECOMMISSIONING INTERNATIONAL, LLC, AND HOLTEC PALISADES, LLC (Palisades Nuclear Plant)
Docket No. 50-255-LA-3 ASLBP No. 24-986-01-LA-BD01 November 14, 2024 MEMORANDUM AND ORDER (Concerning Oral Argument Scheduling and Joint Petitioners Representation)
On October 24, 2024, this Licensing Board requested that the participants provide their preferences for either a virtual oral argument or an in-person oral argument at NRC Headquarters in Rockville, Maryland, and their availability on December 17, 18, 19, and 20, 2024.1 After considering the participants responses, the Board was prepared to schedule an in-person argument at NRC Headquarters on December 17, 2024. However, an issue has been raised regarding the eligibility of Alan Blind to represent Joint Petitioners2 in this adjudication, which has implications for the conduct of the proceeding, including oral argument. We therefore
1 See Licensing Board Order (Requesting Information for Possible Initial Prehearing Conference) (Oct. 24, 2024) at 1 (unpublished).
2 Joint Petitioners are Jody Flynn, Thomas Flynn, Bruce Davis, Karen Davis, Christian Moevs, Mary and Chuck Huffman, and Dianne Ebert. Joint Petitioners Hearing Request (Sept. 9, 2024) at 15-16, 73-74.
postpone the scheduling of argument to allow Joint Petitioners an opportunity to address the representation issue.
On September 9, 2024, Alan Blind filed a hearing request on behalf of Joint Petitioners, followed by several supplemental filings. Mr. Blind states that he is not a lawyer, and although he describes himself as a concerned member of the public, he does not appear to include himself among the individuals who comprise Joint Petitioners.3 Rather, he characterizes himself as the preparer of the hearing request and designated point of contact.4 In their answers to Joint Petitioners hearing request, Holtec Decommissioning International, LLC, and Holtec Palisades, LLC (collectively, Holtec) and the NRC Staff assert that Mr. Blind is ineligible to represent Joint Petitioners in this adjudication because he is not an attorney-at-law, a person appearing on his own behalf, or an officer or duly authorized member of a partnership, corporation, or unincorporated association.5 As Holtec and the NRC Staff point out,6 the relevant provision in the NRCs rules of practice governing representation in NRC adjudications, 10 C.F.R. § 2.314(b), does not appear to contemplate representation by a non-attorney who is not representing himself or an organization.7
3 See id. at 13, 15, 73-74.
4 Id. at 13, 19, 72; see also Petitioners Rebuttal: NRC Staff Answer to Hearing Request from Individual Petitioners in Palisades Restart Amendment Proceeding (dated Nov. 7, 2024; filed Nov. 8, 2024) at 11.
5 See Applicants Answer Opposing Joint Petitioners Petition for Hearing (Nov. 4, 2024) at 59-60 (Holtec Answer); NRC Staff Answer to Hearing Request from Individual Petitioners in Palisades Restart Amendment Proceeding (Nov. 4, 2024) at 11-12 (Staff Answer).
6 Holtec Answer at 60; Staff Answer at 11-12.
7 See 10 C.F.R. § 2.314(b) (A person may appear in an adjudication on his or her own behalf or by an attorney-at-law. A partnership, corporation, or unincorporated association may be represented by a duly authorized member or officer, or by an attorney-at-law.); Carolina Power
& Light Co. and North Carolina Eastern Municipal Power Agency (Shearon Harris Nuclear Power Plant), ALAB-843, 24 NRC 200, 203 n.3 (1986) (interpreting section 2.713, the precursor to section 2.314); see also Duke Power Co. (Cherokee Nuclear Station, Units 1, 2, and 3),
We request that Joint Petitioners file a brief no later than December 5, 2024, discussing whether and how they intend to cure the apparent issue with their representation.8 If Holtec, the NRC Staff, and Petitioning Organizations9 wish to respond, they may do so by December 12, 2024. All participants should also ensure that the date on their brief reflects the date it was filed, and the participants should continue to do so for all future filings. The Board will provide further direction regarding the scheduling of oral argument when briefing is complete; the participants no longer need to hold open the December dates for oral argument. At the Boards request, the Office of the Secretary will, in addition to electronically serving the participants, send this Memorandum and Order to each of the Joint Petitioners via email and first-class mail.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/NA/
Emily I. Krause, Chair ADMINISTRATIVE JUDGE Rockville, Maryland November 14, 2024
ALAB-440, 6 NRC 642, 643 n.3 (1977); Consolidated Edison Co. of New York (Indian Point, Unit 2), LBP-82-25, 15 NRC 715, 726 (1982).
8 For example, Joint Petitioners could retain an attorney. Alternatively, it appears that if Alan Blind were to represent himself as a petitioner, the other self-represented individuals who comprise Joint Petitioners could move to consolidate their presentations and designate Mr.
Blind as their single point of contact. Cf. 10 C.F.R. § 2.316; Progress Energy Florida, Inc. (Levy County Nuclear Power Plant, Units 1 and 2), LBP-09-22, 70 NRC 640, 650-51 (2009). Joint Petitioners should ensure that their filings conform to the signature requirements in 10 C.F.R.
§ 2.304(d). And because all documents must be filed electronically via the agencys E-Filing system, see 10 C.F.R. § 2.302, if Joint Petitioners require assistance, contact information for the E-Filing Help Desk is available at https://www.nrc.gov/site-help/e-submittals/contact-us-eie.html.
9 Petitioning Organizations are Beyond Nuclear, Dont Waste Michigan, Michigan Safe Energy Future, Three Mile Island Alert, and Nuclear Energy Information Service. See Petition to Intervene and Request for Adjudicatory Hearing by Beyond Nuclear, Dont Waste Michigan, Michigan Safe Energy Future, Three Mile Island Alert and Nuclear Energy Information Service (dated Oct. 7, 2024; filed Oct. 10, 2024).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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HOLTEC DECOMMISSIONING
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Docket No. 50-255-LA-3 INTERNATIONAL, LLC, AND HOLTEC
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PALISADES, LLC
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(Palisades Nuclear Plant)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM AND ORDER (Concerning Oral Argument Scheduling and Joint Petitioners Representation) have been served upon the following persons by Electronic Information Exchange, and by email and/or first-class mail as indicated.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Emily I. Krause, Chair, Administrative Judge Dr. Gary S. Arnold, Administrative Judge Dr. Arielle J. Miller, Administrative Judge Whitlee Dean, Law Clerk Georgia Rock, Law Clerk Email: Emily.Krause@nrc.gov Gary.Arnold@nrc.gov Arielle.Miller@nrc.gov Whitlee.Dean@nrc.gov Georgia.Rock@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Kevin D. Bernstein, Esq.
Julie G. Ezell Peter L. Lom, Esq.
Anita G. Naber, Esq.
David E. Roth, Esq.
Michael A. Spencer, Esq.
Susan H. Vrahoretis, Esq.
Georgia Hampton, Paralegal Email: Julie.Ezell@nrc.gov Peter.Lon@nrc.gov Anita.ghoshnaber@nrc.gov David.Roth@nrc.gov Michael.Spencer@nrc.gov Susan.Vrahoretis@nrc.gov Geiorgiann.Hampton@nrc.gov Counsel for Holtec Decommissioning International, LLC and Holtec Palisades, LLC Balch and Bingham LLP 1710 Sixth Avenue North Birmingham, AL 35203 M. Stanford Blanton, Esq.
Grant Eskelsen, Esq.
Alan D. Lovett, Esq.
Email: sblanton@balch.com geskelsen@balch.com alovett@balch.com
Palisades Nuclear Plant, Docket No. 50-255-LA-3 MEMORANDUM AND ORDER (Concerning Oral Argument Scheduling and Joint Petitioners Representation) 2 Representative for the Petitioners (who reside within the Palisades Emergency Planning Zone)
Arthur Blind 1000 West Shawnee Road Baroda, MI 49101 Email: a.alan.blind@gmail.com Counsel for Beyond Nuclear, Dont Waste Michigan, Michigan Safe Energy Future, Three Mile Island Alert, and Nuclear Energy Information services Wallace L. Taylor 4403 1st Ave. S.E., Suite 402 Cedar Rapids, Iowa 52402 Email: wtaylorlaw@aol.com Terry J. Lodge 316 N. Michigan Street, Suite 520 Toledo, OH 43604-5627 Email: tjlodge@yahoo.com Petitioners (served by email and/or first-class mail):
Jody Flynn 80036 Ramblewood Drive Covert, MI 49043 Email: jodygflynn@gmail.com Thomas Flynn 80036 Ramblewood Drive Covert, MI 49043 Email: tflynn71@gmail.com Petitioners (served by email and/or first-class mail) (Contd):
Bruce G. Davis 27903 Shorewood Drive Covert, MI 49043 Email: cdxp@aol.com Karen S. Davis 27903 Shorewood Drive Covert, MI 49043 Christian Moevs 38340 Blue Star Highway Covert, MI 49043 Email: Christian.Moevs.1@nd.edu Mary Hoffman 41 E 54th Street Indianapolis, IN 46220 Email: huffmanmaryd@hotmail.com Chuck Hoffman 41 E 54th Street Indianapolis, IN 46220 Dianne M. Ebert 80021 Ramblewood Drive Covert, MI 49043 Office of the Secretary of the Commission Dated at Rockville, Maryland, this 14th day of November 2024.
CLARA SOLA Digitally signed by CLARA SOLA Date: 2024.11.14 10:45:24 -05'00'