ML20024D860: Difference between revisions
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{{#Wiki_filter:}} | {{#Wiki_filter:January 27, 2020 Mr. Timothy J. Laughlin Laughlin Law Office, LLC PO Box 481582 Kansas City, MO 64148 Sent via email | ||
==SUBJECT:== | |||
REQUEST FOR SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) REGARDING INTERIM STORAGE PARTNERS WASTE CONTROL SPECIALISTS CONSOLIDATED INTERIM STORAGE FACILITY | |||
==Dear Mr. Laughlin:== | |||
I am in receipt of your request dated January 16, 2020, seeking access to certain documents provided to the NRC by Interim Storage Partners (ISP) in connection with its application for a license under 10 C.F.R. Part 72. These documents (ISP responses to NRC Requests for Additional Information) were withheld from public disclosure because they contained proprietary information. | |||
You requested access to these documents pursuant to an Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information for Contention Preparation, which was contained in the Federal Register notice dated August 29, 2018, announcing the opportunity to request a hearing on the ISP license application. See Interim Storage Partners Waste Control Specialists Consolidated Interim Storage Facility, 83 Fed. Reg. 44,070 (Aug. 29, 2018). | |||
The referenced order sets forth instructions regarding how potential parties may request access to documents in the adjudicatory proceeding. However, the Commission has specified that the access procedures no longer apply once an intervention petition is granted. See South Texas Project Nuclear Operating Co. (South Texas Project, Units 3 and 4), CLI-10-24, 72 NRC 451, 461 (2010). Consistent with South Texas Project, the applicability of the access procedures for the ISP license application proceeding expired when the Board ruled on the initial intervention petitions and granted the Sierra Clubs intervention petition. See Interim Storage Partners LLC (WCS Consolidated Interim Storage Facility), LBP-19-7, 90 NRC __ (Aug. | |||
23, 2019) (slip op.). | |||
T. Laughlin 2 In any event, when the Board subsequently ruled the sole admitted contention was moot and the remaining proposed contentions were inadmissible, it terminated the proceeding. See Interim Storage Partners LLC (WCS Consolidated Interim Storage Facility), LBP-19-11, 90 NRC | |||
__ (Dec. 13, 2019) (slip op.). Because the access procedures applied solely to potential parties to the adjudicatory proceeding, the applicability of the access procedures necessarily ceased with the Boards termination of the proceeding. | |||
Sincerely, | |||
/signed (electronically) by/ | |||
Sara B. Kirkwood, Senior Attorney Office of the General Counsel Docket No. 72-1050 cc: T. Matthews, Counsel to ISP | |||
T. Laughlin 3 Letter to Timothy J. Laughlin from Sara B. Kirkwood dated January 27, 2020 | |||
==SUBJECT:== | |||
REQUEST FOR SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) REGARDING INTERIM STORAGE PARTNERS WASTE CONTROL SPECIALISTS CONSOLIDATED INTERIM STORAGE FACILITY DISTRIBUTION: | |||
Docket No. 72-1050 PUBLIC ADAMS Accession Number: ML20024D860 *via email OFFICE OGC/MLE OGC/MLE NAME S. Kirkwood P. Moulding DATE 1/24/20 1/24/20 OFFICIAL RECORD COPY}} | |||
Latest revision as of 02:01, 16 February 2020
| ML20024D860 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 01/27/2020 |
| From: | Sara Kirkwood NRC/OGC |
| To: | Laughlin T Laughlin Law Office |
| Kirkwood S | |
| References | |
| Download: ML20024D860 (3) | |
Text
January 27, 2020 Mr. Timothy J. Laughlin Laughlin Law Office, LLC PO Box 481582 Kansas City, MO 64148 Sent via email
SUBJECT:
REQUEST FOR SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) REGARDING INTERIM STORAGE PARTNERS WASTE CONTROL SPECIALISTS CONSOLIDATED INTERIM STORAGE FACILITY
Dear Mr. Laughlin:
I am in receipt of your request dated January 16, 2020, seeking access to certain documents provided to the NRC by Interim Storage Partners (ISP) in connection with its application for a license under 10 C.F.R. Part 72. These documents (ISP responses to NRC Requests for Additional Information) were withheld from public disclosure because they contained proprietary information.
You requested access to these documents pursuant to an Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information for Contention Preparation, which was contained in the Federal Register notice dated August 29, 2018, announcing the opportunity to request a hearing on the ISP license application. See Interim Storage Partners Waste Control Specialists Consolidated Interim Storage Facility, 83 Fed. Reg. 44,070 (Aug. 29, 2018).
The referenced order sets forth instructions regarding how potential parties may request access to documents in the adjudicatory proceeding. However, the Commission has specified that the access procedures no longer apply once an intervention petition is granted. See South Texas Project Nuclear Operating Co. (South Texas Project, Units 3 and 4), CLI-10-24, 72 NRC 451, 461 (2010). Consistent with South Texas Project, the applicability of the access procedures for the ISP license application proceeding expired when the Board ruled on the initial intervention petitions and granted the Sierra Clubs intervention petition. See Interim Storage Partners LLC (WCS Consolidated Interim Storage Facility), LBP-19-7, 90 NRC __ (Aug.
23, 2019) (slip op.).
T. Laughlin 2 In any event, when the Board subsequently ruled the sole admitted contention was moot and the remaining proposed contentions were inadmissible, it terminated the proceeding. See Interim Storage Partners LLC (WCS Consolidated Interim Storage Facility), LBP-19-11, 90 NRC
__ (Dec. 13, 2019) (slip op.). Because the access procedures applied solely to potential parties to the adjudicatory proceeding, the applicability of the access procedures necessarily ceased with the Boards termination of the proceeding.
Sincerely,
/signed (electronically) by/
Sara B. Kirkwood, Senior Attorney Office of the General Counsel Docket No. 72-1050 cc: T. Matthews, Counsel to ISP
T. Laughlin 3 Letter to Timothy J. Laughlin from Sara B. Kirkwood dated January 27, 2020
SUBJECT:
REQUEST FOR SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) REGARDING INTERIM STORAGE PARTNERS WASTE CONTROL SPECIALISTS CONSOLIDATED INTERIM STORAGE FACILITY DISTRIBUTION:
Docket No. 72-1050 PUBLIC ADAMS Accession Number: ML20024D860 *via email OFFICE OGC/MLE OGC/MLE NAME S. Kirkwood P. Moulding DATE 1/24/20 1/24/20 OFFICIAL RECORD COPY