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Phase I Contention Groupings
December 2011
December 22, 2011 - Memorandum and order - Before us is the Timbisha Shoshone Tribal Council's (Tribal Council) petition for review of the Board's decision declining the Tribal Council's request to be recognized as the sole authorized representative of the Timbisha Shoshone Tribe in this case, and seeking other relief.1 This proceeding has been suspended.2 Given the posture of the case, we decline to decide the Tribal Council's petition now. Should the proceeding be reactivated at a future time, the Tribal Council may file a motion to reinstate its petition for review.
Sept 2011
9/11/11 - Commissioners Order
Sept 28 - Board Order regarding Timbisha
(Dismissing Timbisha Shoshone Tribal Council’s Motion)
NRC Staff Notification of Issuance of TER
On September 1, 2011, the Staff issued
“Technical Evaluation Report on the Content of the U.S. Department of Energy’s Yucca Mountain Repository License Application; Preclosure Volume: Repository Safety Before Permanent Closure.” NUREG-2108, |
THE DEPARTMENT OF ENERGY’S RESPONSE TO THE TIMBISHA SHOSHONE
TRIBAL COUNCIL’S MOTION FOR RECOGNITION AS THE LEGITIMATE
REPRESENTATIVE OF THE TIMBISHA SHOSHONE TRIBE
On August 26, 2011, the Timbisha Shoshone Tribal Council (Tribal Council) filed a motion with this Construction Authorization Board (Board), requesting that the Board recognize it as the duly authorized representative of the Timbisha Shoshone Tribe (Tribe) in this proceeding. The Tribal Council’s motion, among other things, also asked the Board to direct the United States Department of Energy (DOE) “to meet and confer with the Timbisha Shoshone Tribal Council with regard to the release of federally-appropriated funds dedicated to the Tribe
as an [Affected Indian Tribe] AIT in connection with this licensing proceeding.” Timbisha Shoshone Tribe’s [sic] Motion for Recognition of the Timbisha Shoshone Tribal Council as the Legitimate Representative of the Timbisha Shoshone Tribe, at 8 (filed Aug. 26, 2011) (Motion).
DOE respectfully requests that the Board deny the request of the Tribal Council for a meet-and-confer order respecting funding for it as representative of the Tribe under the NWPA because it is beyond the scope of this proceeding to direct the Secretary regarding the release of these funds.
Exhibit A |
NRC STAFF RESPONSE TO
THE TIMBISHA SHOSHONE TRIBE’S AUGUST 26, 2011 MOTION
The Staff does not object to the Board recognizing the Council as the Tribe’s authorized representative. The Board previously recognized the JTS as the Tribe’s representative in this proceeding. See Order (Accepting Joint Representation of the Timbisha Shoshone Tribe), dated April 22, 2009, at 1-2. The motion shows that the Department of Interior recently certified tribal election results, recognizing the Council as the Tribe’s new representative. See Motion at 2 and Exhibit C.
Thus, it is not clear that the Tribe’s request is within the Board’s jurisdiction or within the scope of this licensing proceeding.
NRC STAFF NOTIFICATION REGARDING TECHNICAL EVALUATION REPORT ISSUANCE AND SAFETY EVALUATION REPORT VOLUMES 2 AND 5
The U.S. Nuclear Regulatory Commission (NRC) staff (Staff) previously indicated that orderly closure activities under the Continuing Resolution would include documenting technical insights on the Department of Energy’s license application.
In addition, the Staff previously advised the Board that, for case management purposes, it could assume that Safety Evaluation Report (SER) Volumes 2 and 5 would be issued in October 2011 and February 2012.
This notification is also to inform the Board that, due to orderly closure activities and uncertainty regarding future funding, it is no longer realistic to assume that the Staff will issue SER Volumes 2 and 5 in October 2011 and February 2012, respectively, and the Staff is unable to provide issuance dates for these SER Volumes at this time. |
August 2011
Letter to CAB04 Judges from Daniel Graser, LSN Administrator, Re: CD Submission of LSN Accession Numbers/Participant Accession Numbers and Transmittal of DOE License Application Supporting Documents Identifiers.
Attachment to Letter to CAB04 Judges from Daniel Graser, LSN Administrator, entitled "License Application Supporting Documents."
White Pine County Party Witness Identification Update
Florida Public Service Commission Response to Requirements of April 11, 2011, Order Regarding LSN Documents.
NRC Staff Updated identification of Witnesses Related to SER Volume 1.
State of Washington Notice of Submission of Licensing Support Network Documents.
The California Energy Commission's Notice of Submission of LSN Document Collection.
Timbisha Shoshone Tribe's Motion for Recognition of the Timbisha Shoshone Tribal Council as the Legitimate Representative of the Timbisha Shoshone Tribe.
Joint Timbisha Shoshone Tribal Group's Certification of No Additional Party Witnesses.
Transmittal Letter from DOE to Annette Vietti-Cook, SECY, Re: In the Matter of U.S. Department of Energy
Notice of NARUC Submission of LSN Documents to the Secretary as per the April 11, 2011 Construction Authorization Board Order
Nye County Notice of Submission LSN Documents.
Notice of Clark County, Nevada Submission of Licensing Support Network Documents to the Secretary per the April 11, 2011 Construction Authorization Board Order.
Notice of Joint Timbisha Shoshone Tribal Group's Submission of Licensing Support Documents.
Notice of the County of Inyo's Submission of LSN
NRC Staff Updated Identification of Witnesses and Withdrawal of Witness Related to Phase I NEPA Contentions.
State of South Carolina Notice of Submission of LSN Documents.
Transmittal Letter from DOE to Andrew Bates, SECY, Re: Third Submission of Licensing Support Network Documents.
State of Nevada Ninth Update to Its Party Witness List for Phase I Discovery.
State of Nevada's Eighth Other Witness Identification Update.
Joint Timbisha Shoshone Tribal Group's Certification of No Additional Other Witnesses.
Notice of Prairie Island Indian Community (PIIC) Submission of LSN Documents
Eureka County's Notice Regarding Submission of LSN Document Collection.
Notice of Appearance of Alan J. Rukin, Jennings, Strouss & Salmon, on Behalf of Clark County, Nevada.
Notice of Lincoln County, Nevada Submission of Licensing Support Network Documents to the Secretary Per the April 11, 2011
White Pine County Certification of Accuracy and Completeness of Licensing Support Network Document Collection Submission. County of Inyo's Eighth Certification of No Additional Other Witness. County of Inyo's Eighth Certification of No Additional Party Witnesses.
Four Counties LSN Submission
April 2011
Board Order - Apirl 11 - ORDER (Concerning LSNA Memorandum and Parties’ LSN Document Collections)
April 8 - U.S. DEPARTMENT OF ENERGY’S MOTION TO DISMISS NEVADA SAFETY CONTENTIONS 149, 161, 162, AND 130
April 8 - U.S. DEPARTMENT OF ENERGY’S MOTION TO DISMISS NEI SAFETY CONTENTION 05
April 18: NUCLEAR ENERGY INSTITUTE'S ANSWER TO THE DEPARTMENT OF ENERGY'S MOTION TO DISMISS NEI SAFETY-05
April 18: STATE OF NEVADA ANSWER OPPOSING THE DEPARTMENT OF ENERGY'S MOTION TO DISMISS NEVADA SAFETY CONTENTIONS 149, 161, 162, AND 130
Apr 22: NRC STAFF REQUEST FOR LEAVE TO FILE MOTION FOR RECONSIDERATION AND MOTION FOR RECONSIDERATION OF THE BOARD'S APRIL 11, 2011 ORDER, OR PETITION FOR CERTIFICATION
Apr 22: NRC STAFF MOTION FOR STAY OF APRIL 11, 2011 BOARD ORDER
Apr 22: U.S. DEPARTMENT OF ENERGY'S MOTION FOR CLARIFICATION AND STATUS REPORT REGARDING THE BOARD'S ORDER DATED APRIL 11, 2011
NRC High Level Waste Hearing docket submittals
November 2010
NRC STAFF NOTIFICATION REGARDING SER SCHEDULE
During the Case Management Conference on June 4, 2010, the Nuclear Regulatory
Commission staff (Staff) informed the Board that Volume 3 of its Safety Evaluation Report
(SER) related to the proposed geologic repository at Yucca Mountain, Nevada would be issued
in November 2010. Transcript at 329. The Staff stated that it would inform the Board of any
schedule changes. Id.
This notification is to inform the Board that the Staff will not be issuing SER Volume 3 in
November and that a revised schedule is indeterminate at this time. The Staff will notify the
Board of any future developments regarding SER Volume 3. 2010/11/18-Letter to ALSB CAB04 Judges from Counsel for State of Nevada, seeking clarification of status of rulings on Phase 1 legal issues.
November 23 - ORDER (Schedule for Answers)
On November 18, 2010, counsel for the State of Nevada filed with the judges of CAB-04 a letter that also was served upon all parties to the proceeding.1 The Licensing Board reminds counsel for all parties what the Pre-License Application Presiding Officer Board stated in its initial case management order in 2004: “This formal adjudicatory proceeding is being conducted under 10 C.F.R. Subpart J and informal letter practice is highly disfavored and inappropriate.” Nonetheless, the Board will treat the November 18, 2010 letter from Nevada’s counsel as a motion. Any answers to Nevada’s “motion” will be deemed timely if filed within ten (10) days of the date of this Order.PDF/Board-11-23-10
November 18 - Nevada Status Inquiry
October 2010
Oct 7: MOTION FOR A COMMISSION ORDER RESTORING THE TECHNICAL REVIEW OF THE YUCCA MOUNTAIN LICENSE APPLICATION
Oct 3: NOTICE OF CHANGE OF NRC STAFF POINTS OF CONTACT
Oct 18: NRC STAFF ANSWER TO MOTION FOR AN ORDER RESTORING TECHNICAL REVIEW OF THE YUCCA MOUNTAIN LICENSE APPLICATION INTRODUCTION
Oct 19: CORRECTED ANSWER OF THE STATE OF NEVADA TO THE MOTION FOR A COMMISSION ORDER RESTORING THE TECHNICAL REVIEW OF THE YUCCA MOUNTAIN LICENSE APPLICATION
Oct 26: STATE OF NEVADA FOURTH UPDATE TO ITS PARTY WITNESS LIST FOR PHASE I DISCOVERY no additional Party Wit-nesses have been identified since the time of its last update filed on August 24, 2010.
Oct 26: NRC STAFF UPDATED IDENTIFICATION OF WITNESSES RELATED TO PHASE 1 NEPA CONTENTIONS - At this time, the staff has not identified any additional witnesses.
Oct 28: Clark County Identification of Witnesses related to Phase 1: At this time, Clark County has no additional witnesses.
Note from the NRC Hearing Docket: Two significant changes to the EIE adjudicatory submission system.
Easier Access to Documents Submitted to the Service List: Access to documents through the service list email will now be simplified. Effective with the changes, when a hearing party selects the link to the document, the document will appear independent of the submission form. Thus navigation through the submission form to view the document will no longer be required, and this will substantially reduce the time necessary to retrieve documents. If a submission has more than one document attached, then each attachment will be separately listed in the service email and each may be accessed independently. 2. Accept Additional File Types: It will now be possible for submitters to attach files in formats other than portable document format (.pdf). Effective with the changes, NRC will accept and convert those submissions to the .pdf format before electronically serving them to the hearing parties. This service will convert most commonly used native file formats (e.g., .doc, .wpd, .xls). A complete list of acceptable formats will be shown in the EIE On-Line Help screens. While this service will be available to all submitters, it is intended for use by interveners who do not have ready access to the tools necessary to complete their own conversions. Also, submitters who wish to use the service should be aware that the conversion program may inadvertently modify the document’s formatting or margin settings. Thus, while the document’s content will be unaffected, its appearance may be different than that shown in the native file submission. Only the converted .pdf document will be served to the parties and it will become the official record in the proceeding’s docket. Submitters will be required to acknowledge and accept the potential for formatting changes before completing a submission that requires conversion. More information on these changes and technical guidance can be found in the Online Help Guide. Users may also call the Help Desk toll-free at 1-866-672-7640 if they require technical assistance.
August 2010
Aug 23: Nuclear Regulatory Commission staff has issued its
“Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes in a Geologic
Repository at Yucca Mountain, Nevada, Volume 1: General Information” (NUREG-1949, Vol. 1).
http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/.
August 2
Dear Congressman Sensenbrenner:
Dear Senator Delvin:
Dear Mr. Shepherd:
Dear Mr. Duarte:
Dear Senator Hewitt:
DECISION ON THE MOTION OF THE STATE OF WASHINGTON, THE STATE OF SOUTH CAROLINA, AIKEN COUNTY, SOUTH CAROLINA, AND WHITE PINE COUNTY, NEVADA FOR RECUSAL/DISQUALIFICATION William D. Magwood Conclusion I have considered carefully the motion seeking my disqualification and the applicable legal standards. I find no basis for my recusal and respectfully decline to recuse myself from the matters before the Commission in this proceeding.
DECISION ON THE MOTION OF THE STATE OF WASHINGTON, THE STATE OF SOUTH CAROLINA, AIKEN COUNTY, SOUTH CAROLINA, AND WHITE PINE COUNTY, NEVADA FOR RECUSAL/DISQUALIFICATION IV. Conclusion Throughout my many years of federal service, my ability to objectively and fairly consider the matters that have demanded my attention has never been challenged. In my role as an NRC Commissioner, I have objectively and fairly considered and decided on all of the matters that have been brought before me based on their individual merits, and without prejudgment. This is also the case in this particular proceeding.
Aug 19, STATE OF NEVADA'S SECOND OTHER WITNESS IDENTIFICATION UPDATE Pursuant to Section C.1 of CAB Case Management Order #2 (September 30, 2009), the State of Nevada ("Nevada") does not have any additional names to add to its "Other Witness" list at this time. Nevada believes that the parties' duty to update their "Party" witness lists, and "Other" witness lists, has been revived due to the CAB's Memorandum and Order of June 29, denying DOE's Motion to Withdraw. Accordingly, Nevada will also update its "Party" witness list shortly.
Aug 23, NRC issues safety evaluation report. The Nuclear Regulatory Commission staff has issued its “Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada, Volume 1: General Information” (NUREG-1949, Vol. 1). http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/.
Aug 24,THIRD UPDATE TO ITS PARTY WITNESS LIST - In accordance with Case Management Order #2 (CMO #2) dated September 30, 2009 (at 5-6), the State of Nevada hereby files its Third Update to Its Party Witness List for Phase I Discovery and states that no additional Party Witnesses have been identified since the time of its last update filed on February 8, 2010.
Aug 9, COUNTY OF INYO’S SECOND OTHER WITNESS IDENTIFICATION UPDATE The County of Inyo, California (“Inyo County”) does not have any names to add to its “Other Witness” list at this time. Two of Inyo County’s contentions, INY-SAFETY-003 and INY-NEPA-006, have been admitted to this proceeding and are identified in CAB Case Management Order #2 as being associated with Phase I discovery. On October 31, 2009, Inyo County identified the “Other Witnesses” associated with its Phase I discovery contentions. Inyo County hereby certifies that no additional “Other Witnesses” have been identified since October 31, 2009 with regard to INYO-NEPA-006
Aug 27, NRC STAFF UPDATED IDENTIFICATION OF WITNESSES RELATED TO PHASE 1 NEPA CONTENTIONS The NRC Staff (Staff) is filing this update pursuant to the Construction Authorization Board 04’s September 30, 2010, order which directed the Staff, with respect to Phase I NEPA contentions, to identify and update every sixty days, witnesses it intends to call at the hearing in support or defense of Phase 1 NEPA contentions. See id. at 5-6. The Staff identified four Party Witnesses on October 8, 2009, and has not identified any additional witnesses in its subsequent filings regarding witnesses.1 At this time, the staff has identified no additional witnesses. NRC
Aug 27, STAFF UPDATED IDENTIFICATION OF WITNESSES RELATED TO PHASE 1 NEPA CONTENTIONS The NRC Staff (Staff) is filing this update pursuant to the Construction Authorization Board 04’s September 30, 2010, order which directed the Staff, with respect to Phase I NEPA contentions, to identify and update every sixty days, witnesses it intends to call at the hearing in support or defense of Phase 1 NEPA contentions. See id. at 5-6. The Staff identified four Party Witnesses on October 8, 2009, and has not identified any additional witnesses in its subsequent filings regarding witnesses. At this time, the staff has identified no additional witnesses.
Aug 30, WHITE PINE COUNTY PARTY WITNESS IDENTIFICATION UPDATE Pursuant to the September 30, 2009 CAB Case Management Order #2 (“Order”), White Pine County provides notification that it has identified no additional Party Witnesses.
Aug 30, CLARK COUNTY, NEVADA’S CERTIFICATION OF NO ADDITIONAL OTHER WITNESSES Pursuant to Section C.1 of “CAB Case Management Order #2” (“CMO #2”) issued on September 30, 2009, Clark County, Nevada (“Clark County”) hereby submits this Certification of No Additional Other Witnesses. Fourteen (14) of Clark County’s contentions have been admitted to the proceeding.1 Eleven (11) of Clark County’s admitted contentions are identified in CMO #2 and an Order issued on December 9, 2009 as being associated with Phase I discovery. CMO #2 required the parties to identify any witness that it intends to depose if that witness was not previously identified as a “Party Witness” in Phase I discovery within 30 days of opening discovery (“Other Witnesses”). On November 2, 2009, Clark County identified Other Witnesses associated with its Phase I discovery contentions. On January 4, 2010, Clark County submitted a Certification of No Additional Other Witnesses, in compliance with CMO #2.5 Clark County hereby certifies that no additional Other Witnesses have been identified since its initial Identification of Other Witnesses on November 2, 2009.
July 2010
July 19: AIKEN COUNTY REPLY BRIEF TO COMMISSION
July 19: NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS REPLY BRIEF TO THE COMMISSION
July 19: NRC STAFF ANSWER TO STATE OF WASHINGTON, STATE OF SOUTH CAROLINA, AIKEN COUNTY, SOUTH CAROLINA, AND WHITE PINE COUNTY -NEVADA’S MOTION FOR RECUSAL/DISQUALIFICATION
July 19: NRC STAFF RESPONSE TO INITIAL BRIEFS REGARDING REVIEW OF LBP-10-11
July 19: NUCLEAR ENERGY INSTITUTE ANSWER TO MOTION FOR RECUSAL/DISQUALIFICATION
July 19: NYE COUNTY REPLY BRIEF SUPPORTING CAB04 DECISION DENYING DEPARTMENT OF ENERGY'S MOTION TO WITHDRAW WITH PREJUDICE ITS LICENSE APPLICATION FOR YUCCA MOUNTAIN REPOSITORY AND GRANTING INTERVENTION TO STATE OF WASHINGTON, STATE OF SOUTH CAROLINA, AKIN COUNTY, SOUTH CAROLINA, AND PIIC
July 19: REPLY BRIEF OF PRAIRIE ISLAND INDIAN COMMUNITY IN RESPONSE TO INITIAL BRIEFS OF DOE, STATE OF NEVADA ET AL, AND NRC STAFF
July 19: RESPONSE BRIEF OF THE STATE OF WASHINGTON PURSUANT TO THE JUNE 30, 2010, COMMISSION ORDER
July 19: RESPONSIVE BRIEF OF THE NUCLEAR ENERGY INSTITUTE ADDRESSING REVIEW OF ATOMIC SAFETY AND LICENSING BOARD ORDER DENYING MOTION TO WITHDRAW
July 19: STATE OF NEVADA ANSWER IN OPPOSITION TO MOTION FOR RECUSAL/DISQUALIFICATION
July 19: STATE OF NEVADA RESPONSE BRIEF SUPPORTING COMMISSION
REVIEW AND REVERSAL OF THE LICENSING BOARD’S DECISION
DENYING DOE’S MOTION TO WITHDRAW ITS LICENSE
APPLICATION WITH PREJUDICE
July 19: U.S. DEPARTMENT OF ENERGY’S RESPONSE TO THE MOTION FOR RECUSAL/DISQUALIFICATION
July 15 - Recusal by George Apostolakis -
NRC Commissioner
July 9 - NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS BRIEF
SUPPORTING THE JUNE 29, 2010 DECISION OF THE ATOMIC SAFETY AND
LICENSING BOARD AND RESPECTFULLY SUGGESTING ADDITIONAL REVIEW
IS BOTH UNNECESSARY AND A WASTE OF COMMISSION RESOURCES
July 9 -FOUR NEVADA COUNTIES OF CHURCHILL, ESMERALDA, LANDER AND MINERAL
RESPONSE TO THE COMMISSION’S JUNE 30, 2010 ORDER
July 9 -U.S. DEPARTMENT OF ENERGY’S BRIEF IN SUPPORT OF REVIEW AND REVERSAL OF THE BOARD’S RULING ON THE MOTION TO WITHDRAW
July 9 -BRIEF OF THE STATE OF NEVADA IN SUPPORT OF REVIEW AND REVERSAL OF THE LICENSING BOARD’S DECISION DENYING THE DEPARTMENT OF ENERGY’S MOTION TO WITHDRAW ITS LICENSE APPLICATION WITH PREJUDICE
July 9 -INITIAL BRIEF OF NUCLEAR ENERGY INSTITUTE IN OPPOSITION TO
REVIEW OF ATOMIC SAFETY AND LICENSING BOARD ORDER (LBP-10-11)
DENYING MOTION TO WITHDRAW
July 9 -NYE COUNTY BRIEF SUPPORTING CAB04 DECISION DENYING DEPARTMENT OF ENERGY'S MOTION TO WITHDRAW WITH PREJUDICE ITS LICENSE APPLICATION FOR YUCCA MOUNTAIN REPOSITORY AND GRANTING INTERVENTION TO STATE OF WASHINGTON, STATE OF SOUTH CAROLINA, AKIN COUNTY, SOUTH CAROLINA, AND PIIC
July 9 -THE COUNTY OF INYO’S RESPONSE TO THE NUCLEAR ENERGY COMMISSION’S ORDER RE: THE ATOMIC SAFETY AND LICENSING BOARD’S DENIAL OF THE DEPARTMENT OF ENERGY’S MOTION TO WITHDRAW ITS LICENSE APPLICATION
July 9 -BRIEF OF PRAIRIE ISLAND INDIAN COMMUNITY FOR AFFIRMANCE OF ATOMIC SAFETY AND LICENSING BOARD MEMORANDUM AND ORDER DENYING DEPARTMENT OF ENERGY'S MOTION TO WITHDRAW CONSTRUCTION AUTHORIZATION APPLICATION
July 9 - STATE OF CALIFORNIA’S RESPONSE TO THE NUCLEAR ENERGY COMMISSION’S ORDER RE:THE ATOMIC SAFETY AND LICENSING BOARD’S DENIAL OF THE DEPARTMENT OF ENERGY’S MOTION TO WITHDRAW THE LICENSE APPLICATION
July 9- BRIEF OF THE STATE OF SOUTH CAROLINA PURSUANT TO COMMISSION ORDER DATED JUNE 30, 2010
July 9 - STATE OF WASHINGTON, STATE OF SOUTH CAROLINA, AIKEN COUNTY, SOUTH CAROLINA, AND WHITE PINE COUNTY, NEVADA’S MOTION FOR RECUSAL/DISQUALIFICATION
July 9 - BRIEF OF THE STATE OF SOUTH CAROLINA PURSUANT TO COMMISSION ORDER DATED JUNE 30, 2010<
July 9 - STATE OF WASHINGTON, STATE OF SOUTH CAROLINA, AIKEN COUNTY, SOUTH CAROLINA, AND WHITE PINE COUNTY, NEVADA’S MOTION FOR RECUSAL/DISQUALIFICATION
July 9 - NRC STAFF BRIEF IN RESPONSE TO THE SECRETARY OF THE COMMISSION’S JUNE 30, 2010 ORDER
July 8 - AIKEN COUNTY RESPONSE IN OPPOSITION TO COMMISSION REVIEW OF ATOMIC SAFETY AND LICENSING BOARD ORDER
June 2010
June 7 - Order regarding Proposed conditions for DOE's LSN collection archive
June Draft CASE MANAGEMENT CONFERENCE Transcripts
June 29 - MEMORANDUM AND ORDER - (Granting Intervention to Petitioners and Denying Withdrawal Motion)
June 30 - NRC Commission ORDER
On June 29, 2010, the Atomic Safety and Licensing Board issued LBP-10-11, which,
among other things, denied the U.S. Department of Energy’s motion to withdraw the
construction authorization application at issue in this proceeding. The participants are invited to
file briefs with the Commission as to whether the Commission should review, and reverse or
uphold, the Board’s decision. The briefing will proceed simultaneously, rather than sequentially.
All participants’ initial briefs are due July 9, 2010, and are limited to 40 pages, exclusive of title
page, table of contents or table of authorities. All participants’ responsive briefs must be filed by
July 16, 2010, and are limited to 20 pages, exclusive of title page, table of contents or table of
authorities
June 24 - JOINT ANSWER IN SUPPORT OF THE STATE OF NEVADA’S PETITION FOR RELIEF
WITH RESPECT TO POSSIBLE ISSUANCE OF A PARTIAL SAFETY EVALUATION REPORT FOR YUCCA MOUNTAIN
June 24 - CLARK COUNTY, NEVADA’S AND EUREKA COUNTY, NEVADA’S ANSWER IN SUPPORT OF STATE OF NEVADA’S PETITION FOR RELIEF WITH RESPECT TO POSSIBLE ISSUANCE OF A ARTIAL SAFETY EVALUATION REPORT FOR YUCCA MOUNTAIN
June 23 - NYE COUNTY'S RESPONSE TO STATE OF NEVADA'S PETITION FOR RELIEF WITH RESPECT TO POSSIBLE ISSUANCE OF A PARTIAL SAFETY EVALUATION REPORT FOR YUCCA MOUNTAIN
June 22 - LINCOLN COUNTY’S RESPONSE TO STATE OF NEVADA PETITION FOR RELIEF WITH RESPECT TO POSSIBLE ISSUANCE OF A PARTIAL SAFETY EVALUATION REPORT FOR YUCCA MOUNTAIN
June 22 - Letter to judges from LSN Administrator to correct memorandum of LSN participants.
June 22 - CORRECTED WHITE PINE COUNTY’S RESPONSE TO STATE OF NEVADA’S PETITION FOR RELIEF WITH RESPECT TO POSSIBLE ISSUANCE OF A PARTIAL SAFETY EVALUATION REPORT
June 18 - JOINT REPORT CONCERNING CONDITIONS REGARDING DOE LSN DOCUMENT COLLECTION
June 17: status of Licensing Support Network
June 14: STATE OF NEVADA PETITION FOR RELIEF WITH RESPECT TO POSSIBLE ISSUANCE OF A
PARTIAL SAFETY EVALUATION REPORT FOR YUCCA MOUNTAIN
June 1: STATE OF NEVADA’S COMMENTS ON DOE'S PRESERVATION PLANS FOR DOCUMENTARY MATERIAL
June 1 - NYE COUNTY COMMENTS REGARDING DOE'S LSN PRESERVATION PLAN
May 2010
May 3 - ORDER (Scheduling Argument and Further Prehearing Conference)
May 18 - MEMORANDUM AND ORDER (Logistics for Oral Argument)
May 27 - U.S. DEPARTMENT OF ENERGY’S REPLY TO THE RESPONSES TO THE MOTION TO WITHDRAW
May 24 - NRC STAFF ANSWERS TO BOARD’S QUESTIONS REGARDING THE STAFF’S LSN COLLECTION
May 24 - U.S. DEPARTMENT OF ENERGY ANSWERS TO ASLB QUESTIONS FROM ORDER (Questions for Several Parties and LSNA) DATED APRIL 21, 2010
May 19 -STATE OF NEVADA’S ANSWER IN OPPOSITION TO SUPPLEMENT/AMENDMENT TO PETITION OF THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS
TO INTERVENE
May 19 - LICENSING SUPPORT NETWORK ADMINISTRATOR’S RESPONSE TO THE BOARD’S QUESTIONS REGARDING THE LSN
May 17 - NATIVE COMMUNITY ACTION COUNCIL’S ANSWER TO THE DEPARTMENT OF ENERGY’S MOTION TO WITHDRAW ITS LICENSE APPLICATION
May 17 - FOUR NEVADA COUNTIES OF CHURCHILL, ESMERALDA, LANDER AND MINERAL RESPONSE TO U.S. DEPARTMENT OF ENERGY’S MARCH 3, 2010 MOTION TO WITHDRAW.
May 17 - STATE OF WASHINGTON’S RESPONSE TO U.S. DEPARTMENT OF ENERGY’S MOTION TO WITHDRAW
May 17 -JOINT TIMBISHA SHOSHONE TRIBAL GROUP’S RESPONSE TO THE DEPARTMENT OF ENERGY’S MOTION FOR WITHDRAWAL
May 17 -STATE OF NEVADA’S ANSWER TO THE DEPARTMENT OF ENERGY’S MOTION WITH RESPECT TO WITHDRAWAL OF THE LICENSE APPLICATION
May 17 -STATE OF CALIFORNIA’S RESPONSE TO U.S. DEPARTMENT OF ENERGY’S MOTION TO WITHDRAW
May 17 - White Pine County - REPLY TO DOE MOTION TO WITHDRAW LICENSE APPLICATION
May 17 -OPPOSITION OF THE NUCLEAR ENERGY INSTITUTE TO THE DEPARTMENT OF ENERGY’S MOTION FOR WITHDRAWAL
May 17 - OPPOSITION OF THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS TO U.S. DEPARTMENT OF ENERGY’S MARCH 3, 2010 MOTION TO WITHDRAW
May 17 - NRC STAFF ANSWER TO DOE'S MOTION TO WITHDRAW ITS APPLICATION WITH PREJUDICE
May 17 - COUNTY OF INYO’S RESPONSE TO THE DEPARTMENT OF ENERGY’S MOTION TO WITHDRAW ITS LICENSE APPLICATION
May 17 - NYE COUNTY RESPONSE IN OPPOSITION TO DEPARTMENT OF ENERGY'S MOTION TO WITHDRAW WITH PREJUDICE ITS LICENSE APPLICATION FOR YUCCA MOUNTAIN REPOSITORY
May 14, RESPONSE OF THE STATE OF SOUTH CAROLINA IN OPPOSITION TO DOE’S MOTION TO WITHDRAW
MOTION OF THE FLORIDA PUBLIC SERVICE COMMISSION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE AND FILE MEMORANDUM
May 13
LINCOLN COUNTY, NEVADA’S RESPONSE TO DEPARTMENT OF ENERGY’S MOTION TO WITHDRAW On March 3, 2010, the Department of Energy filed its motion to withdraw its pending license application for a permanent geologic repository at Yucca Mountain, Nevada. Lincoln County hereby notifies the Atomic Safety and Licensing Board that it takes no position at this time on the Department of Energy’s motion to withdraw.
- LINCOLN COUNTY, NEVADA’S RESPONSE TO ASLB’SAPRIL 21, 2010 ORDER - On April 21, 2010, the Atomic Safety and Licensing Board, CAB04, issued an Order, (questions for several parties and LSNA). Appendix A was specifically directed to Lincoln County. Lincoln County’s response is as follows to the corresponding questions in Appendix A of the April 21, 2010 order:
- Lincoln County is prepared and committed to saving Lincoln County’s LSN document collection, including text and related bibliographic header material to CD’s. Lincoln County is committed to providing LSNA a copy of the CD’s with LSN documentation.
Lincoln County would not object to language in a Board order directing Lincoln County to provide Lincoln County’s LSN document collection to the LSNA, in the data format of the transfer media, mutually agreed upon by Lincoln County and the LSNA.
May 11 - SUPPLEMENT/AMENDMENT TO PETITION OF THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS TO INTERVENE
May 11 - REPLY OF THE PRAIRIE ISLAND INDIAN COMMUNITY TO ANSWERS TO PETITION TO INTERVENE
May 7 NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS’ REPLY TO THE ANSWERS FILED TO ITS MARCH 15, 2010 PETITION TO INTERVENE BY CLARK COUNTY, COUNTY OF INYO, EUREKA COUNTY, FOUR NEVADA COUNTIES OF CHURCHILL, ESMERALDA, LANDER AND
MINUERAL, JOINT TIMBISHA SHOSHONE TRIBAL GROUP, NYE COUNTY, THE NUCLEAR REGULATORY COMMISSION STAFF, THE STATE OF NEVADA, AND THE U.S. DEPARTMENT OF ENERGY
May 6 - AIKEN COUNTY RESPONSE IN OPPOSITION TO DOE’S MOTION TO WITHDRAW
May 5 - SUPPLEMENT TO ITS MARCH 29, 2010 ANSWER TO THE PETITIONS TO INTERVENE FILED BY THE STATE OF SOUTH CAROLINA, STATE OF WASHINGTON, AIKEN COUNTY, SOUTH CAROLINA, THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, AND THE PRAIRIE ISLAND INDIAN COMMUNITY In accordance with the Construction Authorization Board 04's April 27, 2010 Order (Setting Briefing Schedule), the Four Nevada Counties of Churchill, Esmeralda, Lander and Mineral hereby reaffirm and supplement its previously filed March 29, 2010 Answer (“Answer”) to the Petitions to Intervene Filed by the State of South Carolina, State of Washington, Aiken County, South Carolina, the National Association of Regulatory Utility Commissioners, and the Prairie Island Indian Community (collectively, the “Petitioners”). The Four Nevada Counties continue to have no objection to Petitioners’ intervention so long as they have met the requirements for intervention set forth in 10 C.F.R. § 2.309 or, alternatively, 10 C.F.R. § 2.315. Additionally, the Four Nevada Counties file this supplement to its March 29, 2010 Answer to state its support for the intervention of the Petitioners in this proceeding. The Petitioners present a unique perspective with respect to spent nuclear fuel storage and the Yucca Mountain Repository. The Four Nevada Counties believe permitting intervention by the Petitioners will only benefit the licensing process by allowing a full development and fair hearing on the issues at hand.
May 4 - NYE COUNTY ANSWERS TO THE PETITIONS TO INTERVENE FILED BY THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, AND THE PRAIRIE ISLAND INDIAN COMMUNITY
May 4 - ANSWER OF CLARK COUNTY, NEVADA TO PETITIONS TO INTERVENE OF THE PRAIRIE ISLAND INDIAN COMMUNITY AND THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS
May 4 - JOINT TIMBISHA SHOSHONE TRIBAL GROUP’S RESPONSE TO PETITION TO INTERVENE BY THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS - The Joint Timbisha Shoshone Tribal Group joins with and supports the State of Nevada’s Answer to the National Association of Regulatory Utility Commissioners Petition to Intervene.
May 4 - JOINT TIMBISHA SHOSHONE TRIBAL GROUP’S RESPONSE TO PETITION TO INTERVENE BY THE PRAIRIE ISLAND INDIAN COMMUNITY - The Joint Timbisha Shoshone Tribal Group joins with and supports the State of Nevada’s Answer to Prairie Island Indian Community’s Petition to Intervene, excepting that portion of Nevada’s Answer relating to Prairie Island’s Licensing Support Network compliance (Section IV)
May 4 - NRC STAFF ANSWER TO NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS' PETITION TO INTERVENE
May 4 - NRC STAFF ANSWER TO PETITION TO INTERVENE OF THE PRAIRIE ISLAND INDIAN COMMUNITY
May 4 - NYE COUNTY ANSWERS TO THE PETITIONS TO INTERVENE FILED BY THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, AND THE PRAIRIE ISLAND INDIAN COMMUNITY
May 4 - STATE OF NEVADA'S ANSWER TO PRAIRIE ISLAND INDIAN COMMUNITY'S PETITION TO INTERVENE -
May 4 - STATE OF NEVADA'S ANSWER TO THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS' PETITION TO INTERVENE
May 5 - FOUR NEVADA COUNTIES OF CHURCHILL, ESMERALDA, LANDER AND MINERAL SUPPLEMENT TO ITS MARCH 29, 2010 ANSWER TO THE PETITIONS TO INTERVENE FILED BY THE STATE OF SOUTH CAROLINA, STATE OF WASHINGTON, AIKEN COUNTY, SOUTH CAROLINA, THE NATIONAL ASSOCIATION OF REGULATORY UTILITY
COMMISSIONERS, AND THE PRAIRIE ISLAND INDIAN COMMUNITY
In accordance with the Construction Authorization Board 04's April 27, 2010 Order (Setting Briefing Schedule), the Four Nevada Counties of Churchill, Esmeralda, Lander and Mineral hereby reaffirm and supplement its previously filed March 29, 2010 Answer (“Answer”) to the Petitions to Intervene Filed by the State of South Carolina, State of Washington, Aiken County, South Carolina, the National Association of Regulatory Utility Commissioners, and the Prairie Island Indian Community (collectively, the “Petitioners”). The Four Nevada Counties continue to have no objection to Petitioners’ intervention so long as they have met the requirements for intervention set forth in 10 C.F.R. § 2.309 or, alternatively, 10 C.F.R. § 2.315. Additionally, the Four Nevada Counties file this supplement to its March 29, 2010 Answer to state its support for the intervention of the Petitioners in this proceeding. The Petitioners present a unique perspective with respect to spent nuclear fuel storage and the Yucca Mountain Repository. The Four Nevada Counties believe permitting intervention by the
Petitioners will only benefit the licensing process by allowing a full development and fair hearing on the issues at hand.
May 6 - AIKEN COUNTY RESPONSE IN OPPOSITION TO DOE’S MOTION TO WITHDRAW
April 2010
Board Order April 23, 2010
April 23, NRC Commission CLI-10-13 MEMORANDUM AND ORDER
April 22, ANSWER OF THE STATE OF SOUTH CAROLINA TO PETITIONS FOR INTERLOCUTORY REVIEW
April 22, ANSWER OF CLARK COUNTY, NEVADA IN SUPPORT OF THE DEPARTMENT OF ENERGY’S PETITION FOR INTERLOCUTORY REVIEW
April 21, STATE OF WASHINGTON’S RESPONSE TO PETITIONS FOR INTERLOCUTORY REVIEW
April 20, NRC STAFF ANSWER TO U.S. DEPARMENT OF ENERGY PETITION FOR INTERLOCUTORY REVIEW
April 20, DEPARTMENT OF ENERGY’S SUPPLEMENT TO ITS NOTICE OF DEFERRAL OF FILING OF REQUEST FOR RECORDS DISPOSITION AUTHORITY
April 21, ORDER (Questions for Several Parties and LSNA)
April 16, AIKEN COUNTY’S RESPONSE TO TWO PETITIONS FOR INTERLOCUTORY REVIEW
April 15 NYE COUNTY NEVADA'S PETITION FOR INTERLOCUTORY REVIEW OF CAB04
APRIL 6, 2010 Order
US Court of Appeals – Letter to Annette Vietti-Cook Secretary of the Commission U.S. Nuclear Regulatory Commission In the Matter of the U.S. Department of Energy (High-Level Waste Repository), Docket No. 63-001-HLW
April 14, STATE OF NEVADA ANSWER IN SUPPORT OF THE DEPARTMENT OF ENERGY’S PETITION FOR INTERLOCUTORY REVIEW
April 14, Motion to Hold the Case in Abeyance and Response in Opposition to the Motions to Expedite, filed 12
April 201 0 in No. 10- 1050 (USCA DC)April 14th, STATE OF NEVADA ANSWER IN SUPPORT OF THE DEPARTMENT OF ENERGY’s Petition for interlocutory review
April 12th, DOE Petition for Interlocutory Review
April 6th, MEMORANDUM AND ORDER (Suspending Briefing and Consideration of Withdrawal Motion)
April 5, REPLY OF AIKEN COUNTY TO ANSWERS TO PETITION TO INTERVENE
April 5, REPLY BRIEF OF THE STATE OF SOUTH CAROLINA ON ITS PETITION TO INTERVENE
March 2010
March 2010 March 29th - JOINT TIMBISHA SHOSHONE TRIBAL GROUP RESPONSE TO PETITIONS TO INTERVENE BY THE STATES OF SOUTH CAROLINA AND WASHINGTON, AND AIKEN COUNTY, SOUTH CAROLINA The Joint Timbisha Shoshone Tribal Group joins with and supports the State of Nevada and its Answers to the Petitions to Intervene of the States of South Carolina and Washington, and Aiken County, South Carolina, excepting that portion of Nevada’s Answers relating to the Petitioners’ Licensing Support Network compliance (Section V of Answer to South Carolina and Aiken County; and Section IV of Answer to Washington).
ANSWER OF CLARK COUNTY, NEVADA
TO PETITIONS TO INTERVENE OF THE STATE OF SOUTH CAROLINA,
AIKEN COUNTY, SOUTH CAROLINA AND
THE STATE OF WASHINGTON
March 29, NRC STAFF ANSWER TO PETITION OF AIKEN
COUNTY, SOUTH CAROLINA, TO INTERVENE
March 29, FOUR NEVADA COUNTIES OF CHURCHILL, ESMERALDA, LANDER AND MINERAL ANSWER TO THE PETITIONS TO INTERVENE FILED BY THE STATE OF SOUTH CAROLINA, STATE OF WASHINGTON, AIKEN COUNTY, SOUTH CAROLINA, THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, AND THE PRAIRIE ISLAND INDIAN COMMUNITY
The Four Nevada Counties of Churchill, Esmeralda, Lander and Mineral hereby submit their Answer to the Petitions to Intervene filed by the State of South Carolina, the State of Washington, Aiken County, South Carolina, The National Association of Regulatory Utility Commissioners, and the Prairie Island Indian Community (collectively, the “Petitioners”). The Four Nevada Counties have no objection to Petitioners’ intervention so long as they have met the requirements for intervention set forth in 10 C.F.R. § 2.309 or, alternatively, 10 C.F.R. §
2.315.
March 29, NRC STAFF ANSWER TO STATE OF WASHINGTON’S
PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING
March 29, NRC STAFF ANSWER TO SOUTH CAROLINA
PETITION TO INTERVENE AND SUPPLEMENT
March 29, ANSWER OF THE STATE OF NEVADA TO
THE STATE OF WASHINGTON'S PETITION TO INTERVENE
March 29 ANSWER OF THE STATE OF NEVADA TO
THE STATE OF SOUTH CAROLINA'S PETITION TO INTERVENE
March 29, ANSWER OF THE STATE OF NEVADA TO
AIKEN COUNTY'S PETITION TO INTERVENE
March 29, THE COUNTY OF INYO’S RESPONSE TO PETITIONS TO INTERVENE BY THE STATES OF SOUTH CAROLINA AND WASHINGTON; AIKEN COUNTY, SOUTH CAROLINA; PRAIRIE ISLAND INDIAN COMMUNITY; AND NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS
The County of Inyo hereby notifies the Atomic Safety and Licensing Board that it takes no position on the petitions to intervene in this proceeding that have been submitted by the States of South Carolina and Washington; Aiken County, South Carolina; the Prairie Island Indian Community; and the National Association of Regulatory Utility Commissioners.
March 29, EUREKA COUNTY’S RESPONSE TO PETITIONS TO INTERVENE BY STATES OF SOUTH CAROLINA AND WASHINGTON; AIKEN COUNTY, SOUTH CAROLINA; PRAIRIE ISLAND INDIAN COMMUNITY; AND NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS
Eureka County hereby notifies the Atomic Safety and Licensing Board that it takes no position on the petitions to intervene in this proceeding that have been submitted by the States of South Carolina and Washington; Aiken County, South Carolina; the Prairie Island Indian Community; and the National Association of Regulatory Utility Commissioners.
March 29, DOE's reponse to South Carolina, Pairie Island
Indian Community, State of Washinton, Aiken SC
March 26, SUPPLEMENT/AMENDMENT TO
PETITION OF THE STATE OF SOUTH CAROLINA TO INTERVENE
March 26, NYE COUNTY ANSWERS TO THE PETITIONS TO INTERVENE FILED BY THE STATE OF SOUTH CAROLINA, STATE OF WASHINGTON, AIKEN COUNTY, SOUTH CAROLINA, THE NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, AND THE PRAIRIE ISLAND INDIAN COMMUNITY
Order - concerning scheduling
U.S. Department of Energy’s Motion to Withdraw
(Mar. 3, 2010).
Petition of the State of South Carolina to Intervene
(Feb. 26, 2010);
State of Washington’s Petition for Leave to Intervene and Request for Hearing
(Mar. 3, 2010);
Petition of Aiken County, South Carolina, to Intervene
(Mar. 4, 2010).
The Department of Energy’s Answers to the Board’s Questions at the January 27, 2010 Case Management Conference
(Feb. 4, 2010);
The Department of Energy’s Status Report on Its Archiving Plan
(Feb. 19, 2010)
ORDER (Granting Stay of Proceeding)
THE DEPARTMENT OF ENERGY’S STATUS REPORT ON ITS ARCHIVING PLAN In its “Answer to the Board’s Questions at the January 27, 2010 Case Management
K&L Gates LLP represents three individuals, Bob Ferguson, Bill Lampson and Gary Petersen, who live and work in eastern Washington, very near the Hanford Site. Yesterday, February 18, 2010, on their behalf we sent the enclosed letter to President Obama and Energy Secretary Chu, notifying them of our clients intent to sue each of them for violating the Nuclear Waste Policy Act ( NWPA ) by abandoning the development of the repository at Yucca Mountain.
South Carolina Petition to Intervene (Memo)
ORDER (Denying Staff February 4, 2010 Motion) The NRC Staff Motion of February 4, 2010 to set a schedule for corrections to the interim oral argument transcript is now moot and hence denied.1 While the NRC headquarters was closed due to the recent snow emergency, the court reporter, on February, 10, 2010, filed a corrected final transcript. It is so ORDERED.
NYE COUNTY, NEVADA PRELIMINARY RESPONSE TO DOE'S FEBRUARY 4, 2010 ANSWERS TO CAB LSN QUESTIONS
Order - Granting Stay
REPLY OF THE NUCLEAR ENERGY INSTITUTE TO THE DEPARTMENT OF ENERGY’S ANSWERS TO BOARD QUESTIONS
Transcripts of hearing
In the Matter of U.S. Department of Energy high-Level Waste Repository Docket No. 63-001-HLW ASLBP No. 09-892-HLW-CAB04 January 26, 27, 2010 11 9:00 a.m. PST Before the Administrative Judges
NRC STAFF RESPONSE TO U.S. DEPARTMENT OF ENERGY MOTION TO STAY THE PROCEEDING
NOTICE (Releasing February 23, 2010 Date) In light of the February 4, 2010 U.S. Department of Energy filing, the parties no longer need to reserve the Tuesday, February 23, 2010 date for a case management conference.
THE DEPARTMENT OF ENERGY'S ANSWERS TO THE BOARD'S QUESTIONS AT THE JANUARY 27. 2010 CASE MANAGEMENT CONFERENCE Attachment A(1), Attachment B
U.S. DEPARTMENT OF ENERGY’S MOTION TO STAY THE PROCEEDING
CAB CASE MANAGEMENT ORDER #3 The Board’s Case Management Order #2, dated September 30, 2009, provides that Phase I discovery shall end on November 30, 2010 or two months after the NRC Staff issues SER Volume 3, whichever is later. At a prehearing conference conducted at the Las Vegas Hearing Facility on January 27, 2010, the Staff represented that it presently expects SER Volume 3 to be issued during November 2010, rather than in September 2010 as previously estimated. Accordingly, with the consent of all parties represented at the prehearing conference, the Board hereby extends the period for Phase I discovery through January 31, 2011.
September 2009
Sept 30, 2009
CAB CASE MANAGEMENT ORDER #2
Sept 28, 2009
JOINT MOTION BY THE COUNTY OF INYO AND THE JOINT TIMBISHA SHOSHONE TRIBAL GROUP TO REMOVE THREE GROUNDWATER-BASED CONTENTIONS FROM DISCOVERY DURING PHASE I
Sept 28, 2009
TRANSCRIPT OF PROCEEDINGS for Sept 14
Pre-Hearing Conference
Before the Administrative Judges
CAB-04
Sept 23, 2009
JOINT SUBMISSION OF
PROPOSED CASE MANAGEMENT ORDER #2
Sept 11, 2009
DEPARTMENT OF ENERGY AND NUCLEAR ENERGY INSTITUTE RESPONSE TO MEMORANDUM AND ORDER DATED AUGUST 25, 2009 (CONCERNING FURTHER PREHEARING CONFERENCE)
Sept 23, 2009
9:00 a.m. PST
TRANSCRIPT OF PROCEEDINGS
Pre-Hearing Conference
Before the Administrative Judges Sept 14, 2009
Sept 10, 2009
NYE COUNTY SUPPLEMENTAL AND DIFFERING VIEWS IN RESPONSE TO CAB AUGUST 25, 2009 MEMORANDUM AND ORDER
- Sept 10, 2009
THE FOUR NEVADA COUNTIES OF CHURCHILL, ESMERALDA, LANDER AND MINERAL
RESPONSE TO MEMORANDUM AND ORDER DATED
August 2009
AUGUST 25, 2009
RESPONSE OF THE STATE OF NEVADA
TO MEMORANDUM AND ORDER DATED AUGUST 25, 2009
(CONCERNING FURTHER PREHEARING CONFERENCE)
 DOE has decided not to complete the Environmental Impact Statement but rather has used the material prepared for the Supplement to develop the Analysis of Postclosure Groundwater Impacts for a Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, Nevada
August Board Orders
8/28 - ORDER
(Granting Party Status to the Native Community Action Council)
8/28 - ORDER
(Granting Party Status to the Joint Timbisha Shoshone Tribal Group)
8/26 - ORDER
(Granting Joint Motion for Extension of Time in Part)
8/25 - MEMORANDUM AND ORDER
(Concerning Further Prehearing Conference)
ORDER
(Granting Motion to Participate by Videoconference and Request for Webcasting)
Aug 24
DEPARTMENT OF ENERGY’S RESPONSE TO NOTICE OF STATE OF
NEVADA REGARDING DOE’S JOINT RESPONSE TO JULY 21, 2009 ORDER
STATE OF NEVADA'S MOTION FOR LEAVE TO FILE
NEW CONTENTION BASED ON NEWLY AVAILABLE INFORMATION
Aug 21
RESPONSE OF THE STATE OF NEVADA TO
JULY 21, 2009 ORDER
(CONCERNING SERIAL CASE MANAGEMENT)
Aug 17
JOINT RESPONSE TO JULY 21, 2009 ORDER
(CONCERNING SERIAL CASE MANAGEMENT)
NOTICE BY THE STATE OF NEVADA REGARDING
DOE'S JOINT RESPONSE TO JULY 21, 2009 ORDER
NRC STAFF ANSWER TO THE STATE OF NEVADA’S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS ASSERTED AS PRIVILEGED BY NRC STAFF
U.S. DEPARTMENT OF ENERGY’S ANSWER TO
THE BOARD’S REQUEST CONCERNING CONSTRAINTS ON DOE’S ABILITY TO
CONTINUE TO PARTICIPATE IN THE LICENSING PROCEEDING
Aug 14
JOINT MOTION BY THE COUNTY OF INYO, THE STATE OF NEVADA, THE STATE OF CALIFORNIA, NYE COUNTY, THE JOINT TIMBISHA SHOSHONE TRIBAL GROUP AND THE NATIVE COMMUNITY ACTION COUNCIL FOR AN EXTENSION OF TIME TO FILE NEW OR AMENDED CONTENTIONS
August 11, 2009
EUREKA COUNTY’S MOTION FOR LEAVE TO PARTICIPATE BY
VIDEOCONFERENCE IN SEPTEMBER 14-15 PREHEARING CONFERENCE
AND REQUEST FOR WEBCASTING OF PREHEARING CONFERENCE
Aug 13 - The Four Nevada Counties have no objection to Eureka County’s motion to participate via video
conference.
Aug 13 - The NRC the Staff does not
object to the Motion, provided that webcasting is limited to public proceedings and sufficient
agency resources, including the Atomic Safety and Licensing Board Panel’s (ASLBP’s) hearing
room, are available to support webcasting and videoconferencing.
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HEARINGS: The Nuclear Waste Policy Act of 1982 calls for NRC review to take three years, but allows the commission to ask Congress for an additional year.
Establishment of Atomic Licensing and Hearing Boards (January 17th, 2009)
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DECISION: The panels will recommend to the full commission whether the Energy Department should be licensed to proceed with plans for the repository 90 miles northwest of Las Vegas. Current schedule date for decision is March 13, 2013.
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Matrix table - 
The following are PDF's copies of, Petition's to Intervene,
Answer from the Department of Energy,Answer from the NRC Staff, &
Response to answer.
Clark County December 22, 2008 - CLARK COUNTY, NEVADA’S REQUEST FOR HEARING, PETITION TO
INTERVENE AND FILING OF CONTENTIONS (5 parts)
Section 1 (510 kb)
Section 2 (9 mb)
Section 3 (10 mb)
Section 4 (5 mb)
Section 5 (13 mb)
Section 6 (9 mb)
Section 7 (5 mb)
Section 8 (8 mb)
January 16th, 2009 - DOE answer to Clark County
February 24th, 2009 - REPLY OF CLARK COUNTY, NEVADA
TO THE ANSWERS OF
THE U.S. DEPARTMENT OF ENERGY
AND
THE NUCLEAR REGULATORY COMMISSION STAFF
Caliente Hot Springs
January 6, 2009 - Caliente Hot Springs Petition for leave to Intervene
January 16, 2009 - DOE Answer to Caliente Hot Springs
February 24, 2009 - CALIENTE HOT SPRINGS RESORT LLC's (CHS)
REPLY TO U.S. DEPARTMENT OF ENERGY'S (DOE) ANSWER TO CHS'
PETITION TO INTERVENE
Eureka County
December 22, 2008 - EUREKA COUNTY NEVADA’S REQUEST TO PARTICIPATE AS
INTERESTED GOVERNMENTAL PARTICIPANT
January 16, 2009 - DOE-answer to Eureka request
December 22, 2008 - JOINT MOTION BY LINCOLN COUNTY AND EUREKA COUNTY FOR
CLARIFICATION OF THE COMMISSION’S OCTOBER 22, 2008 NOTICE OF
HEARING CONCERNING THE DEADLINE BY WHICH INTERESTED
GOVERNMENTAL PARTICIPANTS MUST IDENTIFY THE CONTENTIONS
ON WHICH THEY WISH TO PARTICIPATE
January 15, 2009 - NRC Staff answer to clarification
January 15th, 2009 - Commission order regarding the Lincoln and Eureka request for clarification.
February 24, 2009 - EUREKA COUNTY’S MOTION FOR LEAVE TO FILE
REPLY TO OPPOSITIONS BY THE U.S. DEPARTMENT
OF ENERGY AND THE NRC STAFF TO ADMISSION OF CONTENTIONS
ON WHICH EUREKA COUNTY INTENDS TO PARTICIPATE
EUREKA COUNTY’S REPLY TO OPPOSITIONS BY THE U.S. DEPARTMENT
OF ENERGY AND THE NRC STAFF TO ADMISSION OF CONTENTIONS
ON WHICH EUREKA COUNTY INTENDS TO PARTICIPATE
February 25th, 2009 - NRC STAFF ANSWER TO EUREKA COUNTY’S MOTION FOR LEAVE TO FILE REPLY
Lincoln County
December 22, 2008 - LINCOLN COUNTY REQUEST TO
PARTICIPATE AS INTERESTED GOVERNMENTAL PARTICIPANT
January 15, 2009 - DOE answer to Lincoln request Inyo County December 22, 2008 -PETITION FOR LEAVE TO INTERVENE BY THE COUNTY OF INYO,
CALIFORNIA ON AN APPLICATION BY THE U.S. DEPARTMENT OF ENERGY
FOR AUTHORITY TO CONSTRUCT A GEOLOGIC HIGH-LEVEL WASTE
REPOSITORY AT A GEOLOGIC REPOSITORY OPERATIONS AREA AT YUCCA
MOUNTAIN, NEVADA
January 16th, 2009- DOE answer to Inyo County
February 24th, 2009 - RESPONSES OF THE COUNTY OF INYO TO THE ANSWERS OF
THE U.S. DEPARTMENT OF ENERGY AND NRC STAFF
Native Community Action Council
December 22, 2008 - NATIVE COMMUNITY ACTION COUNCIL
PETITION TO INTERVENE AS A FULL PARTY
January 15th, 2009 DOE answer to Native Community
February 24th, 2009 - NATIVE COMMUNITY ACTION COUNCIL’S MOTION FOR EXTENSION OF TIME
February 29, 2009 - NRC STAFF ANSWER TO NATIVE COMMUNITY ACTION COUNCIL’S MOTION FOR EXTENSION OF TIME March 11, 2009 Petition to Intervene Native Community Action Council (large file - 11 MB)
Nuclear Energy Institute
December 19, 2008 - THE NUCLEAR ENERGY INSTITUTE’S PETITION TO INTERVENE
January 15th, 2009 - DOE Answer to NEI
February 24th, 2009 - REPLY OF THE NUCLEAR ENERGY INSTITUTE TO THE
ANSWERS TO ITS PETITION TO INTERVENE BY THE DEPARTMENT OF ENERGY,
THE NRC STAFF, AND THE STATE OF NEVADA
Nye County
December 19, 2008 - NYE COUNTY PETITION TO INTERVENE
January 15th, 2009 - DOE Answer to Nye County
February 24th, 2009- Nye County Response to Answers of DOE and NRC Staff (large file 11mb)
February 24th, 2009 - NOTICE OF NYE COUNTY’S ADOPTION OF NEI SAFETY
CONTENTIONS NEI-SAFETY-3 AND NEI-SAFETY-4.
The Nevada Counties of Churchill, Esmeralda, Lander & Mineral
December 19, 2008 - THE NEVADA COUNTIES OF CHURCHILL, ESMERALDA, LANDER AND MINERAL PETITIONS TO INTERVENE (due to large file sizes the petition is broken into 6 sections):
Section 1
Section 2 (6 mb)
Section 3
Section 4
Section 5 (8 mb)
Section 6
January 15th, 2009 - DOE answer to Four Counties
February 24th, 2009 - Four Counties Reply to DOE
February 24th, 2009 - Four Counties Reply to the NRC Staff
State of California
December 22, 2008 - STATE OF CALIFORNIA'S PETITION FOR LEAVE TO INTERVENE IN THE HEARING (15 mb)
January 16, 2009 - DOE Answer to State of California
February 23, 2009 - State of California’s Reply to Answer of the U.S. Department of Energy and NRC Staff Answer
State of Nevada
December 19, 2008 - STATE OF NEVADA'S
PETITION TO INTERVENE AS A FULL PARTY (warning large file - 14 mb)
January 16th, 2009 - State of Nevada's Motion to Amend Petition to Intervene as a Full Party
January 16, 2009 - DOE Answer to State of Nevada (warning lgr file - 13 mb)
February 24, 2009 - STATE OF NEVADA'S REPLY TO NRC STAFF'S ANSWER TO NEVADA'S PETITION TO INTERVENE AS A FULL PARTY
Timbisha Shoshone Tribe
December 22, 2008 - TIMBISHA SHOSHONE TRIBE’S PETITION
FOR LEAVE TO INTERVENE IN THE
HEARING
January 15th, 2009 - DOE Answer to Timbisha Shoshone Tribe
February 24th, 2009 - The Timbisha Shoshone Tribe (“Tribe”) submits request for an extension of time
February 25th, 2009 - Answer of the U.S. Department of Energy to the Native Community Action Council's Motion for Extension of Time
February 27, 2009 - Timbisha Amended motion for extension of time
March 3rd, 2009 - NRC STAFF ANSWER TO TIMBISHA
SHOSHONE TRIBE'S REQUEST FOR EXTENSION OF TIME
March 11, 2009 - Reply to DOE and NRC
Timbisha Shoshone Non-Profit Corporation
December 22, 2008 - TIMBISHA SHOSHONE YUCCA MOUNTAIN OVERSIGHT PROGRAM NON-PROFIT CORPORATION PETITION TO INTERVENE AS A FULL PARTY. (8 mb)
January 15, 2009 - DOE Answer to Timbisha Shoshone Non-Profit
February 24th, 2009 - Reply of the Timbisha Shoshone Yucca Mountain Oversight Program
Non-Profit Corporation In Support of its Petition to Intervene as a Full Party.
February 25th, 2009 - ANSWER OF THE U.S. DEPARTMENT OF ENERGY TO THE NATIVE
COMMUNITY ACTION COUNCIL’S MOTION FOR EXTENSION OF TIME
White Pine County December 22, 2008 - WHITE PINE COUNTY'S REQUEST FOR HEARING AND PETITION
FOR LEAVE TO INTERVENE INCLUDING SUPPORTING CONTENTIONS
ON THE APPLICATION BY THE U.S. DEPARTMENT OF ENERGY FOR
AUTHORITY TO CONSTRUCT A GEOLOGIC REPOSITORY AT A
GEOLOGIC REPOSITORY OPERATIONS AREA AT YUCCA MOUNTAIN
January 16, 2009 - DOE Answer to White Pine
February 24, 2009 - CORRECTED REPLY OF WHITE PINE COUNTY TO THE U.S. DEPARTMENT OF ENERGY AND NUCLEAR REGULATORY COMMISSION STAFF ANSWERS TO WHITE PINE COUNTY’S REQUEST FOR HEARING AND PETITION FOR LEAVE TO INTERVENE INCLUDING SUPPORTING CONTENTIONS ON THE APPLICATION BY THE U.S. DEPARTMENT OF ENERGY FOR AUTHORITY TO CONSTRUCT A GEOLOGIC REPOSITORY AT A GEOLOGIC REPOSITORY OPERATIONS AREA AT YUCCA MOUNTAIN
Nuclear Regulatory Commission (NRC)
NRC staff response to the
petitions for leave to intervene filed by Caliente Hot Springs Resort LLC; the State of
California;Clark County, Nevada; the County of Inyo, California; Native Community Action
Council; the State of Nevada; the Nevada Counties of Churchill, Esmeralda, Lander and Mineral (jointly);7 the Nuclear Energy Institute; Nye County, Nevada; the Timbisha
Shoshone Tribe (TIM); the Timbisha Shoshone Yucca Mountain Oversight Program Non-
Profit Corporation (TOP); and White Pine County, Nevada.
February 9th, 2009 NRC STAFF ANSWER TO INTERVENTION PETITIONS
March 31, April 1 and 2nd oral argument's transcripts:
March 31, 2009
April 1st, 2009
April 2nd, 2009
NRC Adminstrative Orders
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