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 Docket No. 72-1051-ISFSI HOLTEC INTERNATIONAL ASLBP No. 18-958-01-ISFSI-BD01 (HI-STORE Consolidated Interim Storage January 10, 2019 Facility)

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 Dont 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 International (Holtec); (8) and counsel for the NRC Staff.2 Although the principal purpose is to allow the Boards questions, each participant will be given an opportunity to make a brief opening statementnot to exceed 10 minutes. However, opening statements are not necessary.

Each petitioner, Holtec, and the NRC Staff should be prepared to answer the Boards 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 legislation, the Department of Energy could not lawfully assume ownership of the nuclear waste in the proposed interim storage facility?

2. If Holtec does not agree, have Beyond Nuclear and the Sierra Club raised an admissible legal issue contention concerning this issue?

3. Treating Faskens motion to dismiss as a hearing petition, has Fasken effectively adopted Beyond Nuclears 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 Environmental Report if the proposed storage facility would not affect them?

6. To what extent must subsurface characteristics be characterized by the 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 the need for disclosure of proprietary design information in such an analysis.

11. Adequacy of the application with respect to geologic risks and geologic characterization of the proposed site.

12. Why would a hearing opportunity associated with license amendments be less satisfactory to NAC than a hearing in the present proceeding?

13. Safe storage and transportation implications of the UMAX storage systems 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, including transportation risks and the potential effects of high burnup fuel.

If time permits, after the Boards 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

/RA/

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 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop - O-15 D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Paul S. Ryerson, Chair Joseph I. Gillespie, Esq.

Administrative Judge E-mail: joe.gillespie@nrc.gov E-mail: paul.ryerson@nrc.gov Sara B. Kirkwood, Esq.

Nicholas G. Trikouros E-mail: sara.kirkwood@nrc.gov Administrative Judge E-mail: nicholas.trikouros@nrc.gov Mauri Lemoncelli, Esq.

E-mail: mauri.lemoncelli@nrc.gov Dr. Gary S. Arnold Administrative Judge Patrick Moulding, Esq.

E-mail: gary.arnold@nrc.gov E-mail: patrick.moulding@nrc.gov Joseph McManus, Law Clerk Carrie Safford, Esq.

E-mail: joseph.mcmanus@nrc.gov E-mail: carrie.safford@nrc.gov Taylor A. Mayhall Alana M. Wase, Esq.

E-mail: taylor.mayhall@nrc.gov E-mail: alana.wase@nrc.gov Office of Commission Appellate Krupskaya T. Castellon, Paralegal Adjudication E-mail: krupskaya.castellon@nrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 OGC Mail Center: Members of this office have E-mail: ocaamail@nrc.gov received a copy of this filing by EIE service.

Dont 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)

Holtec Counsel Sierra Club Pillsbury Winthrop Shaw Pittman LLP 4403 1st Avenue SE, Suite 402 1200 Seventeenth Street, NW Cedar Rapids, IA 52402 Washington, DC 20036 Wallace L. Taylor, Esq.

E-mail: wtaylor784@aol.com Jay Silberg, Esq.

E-mail: jay.silberg@pillsburylaw.com Hogan Lovells LLP 555 13th Street NW Timothy J. Walsh, Esq. Washington, DC 20004 E-mail: timothy.walsh@pillsburylaw.com Sachin S. Desai, Esq.

Anne Leidich, Esq. E-mail: sachin.desai@hoganlovells.com E-mail: anne.leidich@pillsburylaw.com Allison E. Hellreich, Esq.

Michael Lepre, Esq. E-mail: allison.hellreich@hoganlovells.com E-mail: michael.lepre@pillsburylaw.com Law Office of Nancy L. Simmons 120 Girard Boulevard SE Harmon, Curran, Spielberg & Eisenberg LLP Albuquerque, NM 87106 1725 DeSales Street NW Suite 500 Nancy L. Simmons, Esq.

Washington, DC 20036 E-mail: nlsstaff@swcp.com Diane Curran, Esq.

E-mail: dcurran@harmoncurran.com Eddy-Lea Energy Alliance 102 S. Canyon Carlsbad, NM 88220 Robert V. Eye Law Office, LLC 4840 Bob Billings Parkway John A. Heaton Lawrence, KS 66049 E-mail: jaheaton1@gmail.com Robert V. Eye, Esq. City of Hobbs, NM E-mail: bob@kauffmaneye.com 2605 Lovington Highway Hobbs, NM 88242 Timothy J. Laughlin, Esq.

E-mail: tijay1300@gmail.com Garry A. Buie E-mail: gabuie52@hotmail.com Turner Environmental Law Clinic 1301 Clifton Road Lea County, NM Atlanta, GA 30322 100 N. Main Lovington, NM 88260 Mindy Goldstein, Esq.

E-mail: magolds@emory.edu Jonathan B. Sena E-mail: jsena@leacounty.net 2

Docket No. 72-1051-ISFSI ORDER (Establishing Format for Oral Argument)

Eddy County, NM City of Carlsbad, NM 101 W. Greene Street 1024 N. Edward Carlsbad, NM Carlsbad, NM 88220 Rick Rudometkin Jason G. Shirley E-mail: rrudometkin@co.eddy.nm.us E-mail: jgshirley@cityofcarlsbadnm.com

[Original signed by Herald M. Speiser ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 10th day of January, 2019 3