ML19010A157

Order (Establishing Format for Oral Argument)

ML19010A157
Person / Time
Site:	HI-STORE
Issue date:	01/10/2019
From:	Paul Ryerson Atomic Safety and Licensing Board Panel
To:	Alliance for Environmental Strategies, Beyond Nuclear, Citizens for Alternatives to Chemical Contamination, Citizens' Environmental Coalition, City of Carlsbad, NM, City of Hobbs, NM, Don't Waste Michigan, Eddy County, NM, Eddy Lea Energy Alliance, Fasken Land & Minerals, Ltd, Holtec, Lea County, NM, NAC International, NRC/OGC, Nuclear Information & Resource Service (NIRS), Nuclear Issues Study Group, Permian Basin Land and Royalty Owners, Public Citizen, San Luis Obispo Mothers for Peace (SLOMFP), Sierra Club
SECY RAS
References
ASLBP 18-958-01-ISFSI-BD01, Holtec International, RAS 54744
Download: ML19010A157 (7)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: Paul S. Ryerson, Chairman Nicholas G. Trikouros Dr. Gary S. Arnold In the Matter of HOLTEC INTERNATIONAL (HI-STORE Consolidated Interim Storage Facility)

Docket No. 72-1051-ISFSI ASLBP No. 18-958-01-ISFSI-BD01

January 10, 2019 ORDER (Establishing Format for Oral Argument) The Board will hear oral argument concerning standing and the sufficiency of the hearing requests on Wednesday, January 23 and, as necessary, Thursday, January 24, 2019 at the State Bar of New Mexico, 5121 Masthead Street NE, Albuquerque, New Mexico.

1 The argument will commence at 9:00 a.m. Mountain Standard Time (MST). The principal purpose of the argument is to allow the Board to question the participants concerning their pleadings, which the Board has read. The Board expects to question counsel in the following order: (1) counsel for Beyond Nuclear; (2) counsel for Sierra Club; (3) counsel for Alliance for Environmental Strategies (AFES); (4) counsel for Don't Waste Michigan, Citizens' Environmental Coalition, Citizens for Alternatives to Chemical Contamination, Nuclear Energy Information Service, Public Citizen, Inc., San Luis Obispo Mothers for Peace, and Nuclear Issues Study Group (collectively, Joint Petitioners); (5) counsel for NAC International, 1 A limited number of private conference rooms may be available to rent from the State Bar. Interested participants should contact Ms. Andrea Watson at (505) 797-6030. Inc. (NAC); (6) counsel for Fasken Land and Minerals and Permian Basin Land and Royalty Owners (Fasken); (7) counsel for Holtec Inte rnational (Holtec); (8) and counsel for the NRC Staff.2 Although the principal purpose is to allow the Board's questions, each participant will be given an opportunity to make a brief opening statement-not to exceed 10 minutes. However, opening statements are not necessary. Each petitioner, Holtec, and the NRC Staff should be prepared to answer the Board's questions about any aspect of its pleadings. However, some specific questions, as well as general subject areas in which Board members anticipate additional questions, presently include the following: 1.Does Holtec agree that, absent new legislatio n, the Department of Energy could not lawfully assume ownership of the nuclear waste in the proposed interim storage facility? 2.If Holtec does not agr ee, have Beyond Nuclear and the Sierra Club raised an admissible legal issue contention concerning this issue? 3.Treating Fasken's motion to dismiss as a hearing petition, has Fasken effectiv ely adopted Beyond Nuclear's sole contention? 4.If so, and Fasken having proffered no other contention of its own, must its hearing petition be dismissed? 5.To what extent must subsurface conditions be characterized in the EnvironmentalReport if the proposed storage facility would not affect them? 6.To what extent must subsurface characteristics be characterized by t he safety analysis if these subsurface characteristics would not affect the safety of the storage facility?

2 Only the authorized representatives of the petitioners, Holtec, and the NRC Staff who have entered an appearance pursuant to 10 C.F.R. § 2.314 will be permitted to participate. No technical expert or member of the public will be permitted to speak for, or on behalf of, any participant. 7.Because Holtec asserts high burnup fuel will always be enclosed within the HI-STORE canister, and the HI-STORE system has been certified by the NRC for storage and transportation of high burnup fuel, to what extent must high burnup fuel be specifically addressed in the application? 8.Standing premised on proximity to potential transportation routes.9.Standing premised on proximity to the proposed facility.10.Adequacy of the application with respect to design alternatives analysis and theneed for disclosure of proprietary design information in such an analysis. 11.Adequacy of the application with respect to geologic risks and geolog ic characterization of the proposed site. 12.Why would a hearing opportunity associated with license amendment s be less satisfactory to NAC than a hearing in the present proceeding? 13.Safe storage and transportation imp lications of the UMAX storage system's operating beyond its current design and service life, including the effects of high burnup fuel. 14.Risks associated with onsite storage compared with offsite storage, in cluding transportation risks and the potential effects of high burnup fuel. If time permits, after the Board's questions the participants may be permitted to make very brief concluding statements. The Board will also reserve some limited time for comments from a single representative of each interested local government petitioner from: (1) Eddy-Lea Energy Alliance; (2) City of Carlsbad, New Mexico; (3) Lea County, New Mexico; (4) Eddy County, New Mexico; and (5) City of Hobbs, New Mexico. Local government petitioners need not make any comments if they so choose. Members of the public and representatives of the media are welcome to attend and observe. However, signs, banners, posters, demonstrations, and displays are prohibited in accordance with NRC policy.

3 It is so ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD

________________________ Paul S. Ryerson, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland January 10, 2019 3 See Procedures for Providing Security Support for NRC Public Meetings/Hearings, 66 Fed. Reg. 31,719 (June 12, 2001).

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) )

)

HOLTEC INTERNATIONAL ) Docket No. 72-1051-ISFSI

)

) (HI-STORE Consolidated Interim Storage ) Facility) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Establishing Format for Oral Argument) have been served upon the following persons by Electronic Information Exchange (EIE).

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001

Paul S. Ryerson, Chair

Administrative Judge

E-mail: paul.ryerson@nrc.gov Nicholas G. Trikouros

Administrative Judge

E-mail: nicholas.trikouros@nrc.gov Dr. Gary S. Arnold Administrative Judge

E-mail: gary.arnold@nrc.gov Joseph McManus, Law Clerk

E-mail: joseph.mcmanus@nrc.gov Taylor A. Mayhall

E-mail: taylor.mayhall@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

E-mail: ocaamail@nrc.gov

U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15 D21 Washington, DC 20555-0001

Joseph I. Gillespie, Esq.

E-mail: joe.gillespie@nrc.gov Sara B. Kirkwood, Esq.

E-mail: sara.kirkwood@nrc.gov Mauri Lemoncelli, Esq.

E-mail: mauri.lemoncelli@nrc.gov Patrick Moulding, Esq.

E-mail: patrick.moulding@nrc.gov Carrie Safford, Esq.

E-mail: carrie.safford@nrc.gov Alana M. Wase, Esq.

E-mail: alana.wase@nrc.gov Krupskaya T. Castellon, Paralegal E-mail: krupskaya.castellon@nrc.gov OGC Mail Center: Members of this office have

received a copy of this filing by EIE service.

Don't Waste Michigan 316 N. Michigan Street, Suite 520

Toledo, OH 43604-5627

Terry J. Lodge, Esq.

E-mail: tjlodge50@yahoo.com

Docket No. 72-1051-ISFSI ORDER (Establishing Format for Oral Argument) 2 Holtec Counsel Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC 20036

Jay Silberg, Esq.

E-mail: jay.silberg@pillsburylaw.com Timothy J. Walsh, Esq.

E-mail: timothy.walsh@pillsburylaw.com Anne Leidich, Esq.

E-mail: anne.leidich@pillsburylaw.com Michael Lepre, Esq.

E-mail: michael.lepre@pillsburylaw.com

Harmon, Curran, Spielberg & Eisenberg LLP

1725 DeSales Street NW

Suite 500 Washington, DC 20036 Diane Curran, Esq.

E-mail: dcurran@harmoncurran.com Robert V. Eye Law Office, LLC 4840 Bob Billings Parkway

Lawrence, KS 66049

Robert V. Eye, Esq.

E-mail: bob@kauffmaneye.com Timothy J. Laughlin, Esq.

E-mail: tijay1300@gmail.com Turner Environmental Law Clinic 1301 Clifton Road Atlanta, GA 30322

Mindy Goldstein, Esq.

E-mail: magolds@emory.edu Sierra Club 4403 1 st Avenue SE, Suite 402 Cedar Rapids, IA 52402 Wallace L. Taylor, Esq.

E-mail: wtaylor784@aol.com Hogan Lovells LLP 555 13 th Street NW Washington, DC 20004

Sachin S. Desai, Esq.

E-mail: sachin.desai@hoganlovells.com Allison E. Hellreich, Esq.

E-mail: allison.hellreich@hoganlovells.com Law Office of Nancy L. Simmons 120 Girard Boulevard SE Albuquerque, NM 87106

Nancy L. Simmons, Esq.

E-mail: nlsstaff@swcp.com

Eddy-Lea Energy Alliance

102 S. Canyon

Carlsbad, NM 88220 John A. Heaton

E-mail: jaheaton1@gmail.com City of Hobbs, NM

2605 Lovington Highway Hobbs, NM 88242

Garry A. Buie

E-mail: gabuie52@hotmail.com Lea County, NM 100 N. Main Lovington, NM 88260

Jonathan B. Sena

E-mail: jsena@leacounty.net

Docket No. 72-1051-ISFSI ORDER (Establishing Format for Oral Argument) 3 Eddy County, NM

101 W. Greene Street

Carlsbad, NM

Rick Rudometkin E-mail: rrudometkin@co.eddy.nm.us City of Carlsbad, NM

1024 N. Edward

Carlsbad, NM 88220

Jason G. Shirley E-mail: jgshirley@cityofcarlsbadnm.com

[Original signed by Herald M. Speiser ] Office of the Secretary of the Commission

Dated at Rockville, Maryland, this 10 th day of January, 2019