illlllllllfllllllllllllllllllllllllllllllllll isolation... · resume of connie walker (attached) 6....
TRANSCRIPT
ST ATE OF NEW ME)aCO
ENVIRONMENT DEPARTMFNT
IN THE MATTER OF THE RENEWED
HAZARDOUS WASTE FACIIJTY
PERMIT FOR THE WASTE ISOLATION
PILOT PLANT
HWB 10-26(P)
NEW ME)aCO ENVIRONMENT DEPARTMENTS
ST ATEMENT OF INTENT TO
PRESENT TECHNICAL TESTIMONY
The New Mexico Environment Deparhnent (Deparhnent) pursuant to the
Permit Procedures regulations at 2014300B(1) NMAC the Hazardous Waste
Management regulations at 2041901 NMAC and the Notice of Public Comment and a
Public Hearing on the Drafl Hazardous Waste Permit for the Waste Isolation Pilot Plant
EPA ID Number NM 4890139088 (June 4 2010) submits this Statement of Intent to
Present Technical Testimony at the public hearing on the Departments proposed
Hazardous Waste Facility Permit (Proposed Permit) for the Waste Isolation Pilot
Plant The hearing is scheduled to begin on August 9 2010 at Santa Fe Community
College
In accordance with 2014300B(l)NMAC the Department states as follows
The name of the person filing this statement New Mexico Environment1
2
Department Water and Waste Management Division
The Departments recommendation on the proposed permit The
Department recommends approval of the Proposed Permit attached to this
Statement at NMED Exhibit 1
3 The name and affiliation of each witness
A James P Bearzi
l 1007245
Illlllllllfllllllllllllllllllllllllllllllllll
Chief Hazardous Waste Bureau New Mexico Environment Department Santa Fe New Mexico
B Steve Zappe Staff Manager Hazardous Waste Bureau New Mexico Environment Department Santa Fe New Mexico
C Constance Walker Consultant to NMED Hazardous Waste Bureau Trinity Engineering Associates Denver Colorado
D The Department may call additional witnesses in rebuttal
E The educational and work background of each Department witness is
described in their written testimony and resumes which are attached to
this Statement oflntent as Exhibits 2 3 459 10
4 Estimated length of direct testimony of each witness
A James P Bearzi 30 minutes
B Steve Zappe 30 minutes
C Constance Walker 30 minutes
5 The Department plans to offer these exhibits in evidence at the hearing
Exhibit 1 Proposed Hazardous Waste Facility Permit (July 2 2010)
(Record Proper - RP and Attached)
Exhibit 2 Written testimony of James P Bearzi (Attached)
Exhibit 3 Resume of James Bearzi (Attached)
Exhibit 4 Written testimony of Steve Zappe (Attached)
Exhibit 5 Resume of Steve Zappe (Attached)
Exhibit 6 New Mexico Environment Department (NMED) Final
2
Determination Class 2 Permit Modification Request (PMR) (July 2 2010)
(RP - Attached)
Exhibit 7 NMED Response to Conunents on Class 2 PMR (July 12
2010) (RP - Attached)
Exhibit 8 Observer Inquiry related to Real-Time Radiography (RTR)
Independence at ORNLlCCP Audit A-09-07 January 26 2009 (AR
0901302) (RP- Attached)
Exhibit 9 Written Testimony of Connie Walker (Attached)
Exhibit 10 Resume of Connie Walker (Attached)
6 A list of all technical materials relied upon by each witness
a All technical materials that the Department witnesses will rely on as a
basis for the facts and opinions relied on in their direct testimony are listed in their
written testimony attached as exhibits to this Statement of Intent
7 Sununary of testimony of each witness
The full written direct testimony of each Department witness is attached to this
Statement oflntent as Exhibits 2 4 and 9
8 Reservation of Rights
This Statement oflntent to Present Technical Testimony is based on the
Departments review of the Permittees application for renewal of the Waste Isolation
Pilot Plant hazardous waste permit and the Proposed Permit at NMED Exhibit 1 The
Department reserves the right to call any person to testify and to present any exhibit in
response to another Statement of Intent or public conunent filed in this matter or to any
testimony or exhibit offered at the public hearing The Department also reserves the right
3
to call any person as a rebuttal witness and to present any exhibit in support thereof
Respectfully submitted
NEW MEXICO ENVIRONMENT DEPARTMENT
By ~ () tV) n ~J2 Le lie amhart Assistant General Counsel New Mexico Environment Department PO Box 5469 Santa Fe NM 87502 (505) 827-0293 I sliebamhartstatenmus
Counsel for the Department 3600 Cerrillos Road-The Lofts Unit No 100lA Santa Fe NM 87507 (505) 983-1800 lindsaylindsaylovejoycom
4
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July 2010 a copy of the foregoing
Statement ofIntent to Present Technical Testimony was sent by first class mail or
electronic mail to
Lorraine Hollingsworth Domenici Law Firm PC 320 Gold Avenue SW Suite 1000 Albuquerque NM 87102 (505) 883-6250 (505) 884-3424 (fax) 1110llingsworthdomenicilawcom
George Hellstrom Legal Counsel US Department of Energy Carlsbad Field Office PO Box 3090 Carlsbad NM 88221 (575) 234-7010 (575) 234-7027 (fax) GeorgeHellstromwippws
Dennis N Cook Associate General Counsel Washington TRU Solutions LLC 4021 National Parks Highway PO Box 2078 GSA-202 Carlsbad NM 88221 (575) 234-7116 (575) 234-7047 (fax) denniscookwippws
Michael L Woodward Hance Scarborough LLP 111 Congress Ave Suite 500 Austin TX 78701 (512) 479-8888 (512) 482-6891 (fax) wooJward(a)hslawmailcom wwwhancescarboroughcom
5
Joni Arends Executive Director Concerned Citizens for Nuclear Safety 107 Cienega Street Santa Fe NM 87501 (505) 986-1973 (505) 986-0997 (fax) iarendsnuclearactiveorg
Scott Kovac Operations and Research Director Nuclear Watch New Mexico 551 Cordova Road 808 Santa Fe NM 87501 (505) 989-7342 scottnukewatchorg
Don Hancock Southwest Research and Information Center PO Box 4524 Albuquerque NM 87196-4524 (505) 262-1862 (505) 262-1864 (fax) sricdoneruthlinknet
Janet Greenwald Citizens for Alternatives to Radioactive Dumping 144 Harvard SE Albuquerque NM 87106 (505) 266-2663 (505) 262-1864 (fax) contactuscardmTIorg
Marian Naranjo Honor Our Pueblo Existence Route 5 Box 474 Espanola NM 87532 (505) 747-4652 mariann2windstreamnet
6
Chief Hazardous Waste Bureau New Mexico Environment Department Santa Fe New Mexico
B Steve Zappe Staff Manager Hazardous Waste Bureau New Mexico Environment Department Santa Fe New Mexico
C Constance Walker Consultant to NMED Hazardous Waste Bureau Trinity Engineering Associates Denver Colorado
D The Department may call additional witnesses in rebuttal
E The educational and work background of each Department witness is
described in their written testimony and resumes which are attached to
this Statement oflntent as Exhibits 2 3 459 10
4 Estimated length of direct testimony of each witness
A James P Bearzi 30 minutes
B Steve Zappe 30 minutes
C Constance Walker 30 minutes
5 The Department plans to offer these exhibits in evidence at the hearing
Exhibit 1 Proposed Hazardous Waste Facility Permit (July 2 2010)
(Record Proper - RP and Attached)
Exhibit 2 Written testimony of James P Bearzi (Attached)
Exhibit 3 Resume of James Bearzi (Attached)
Exhibit 4 Written testimony of Steve Zappe (Attached)
Exhibit 5 Resume of Steve Zappe (Attached)
Exhibit 6 New Mexico Environment Department (NMED) Final
2
Determination Class 2 Permit Modification Request (PMR) (July 2 2010)
(RP - Attached)
Exhibit 7 NMED Response to Conunents on Class 2 PMR (July 12
2010) (RP - Attached)
Exhibit 8 Observer Inquiry related to Real-Time Radiography (RTR)
Independence at ORNLlCCP Audit A-09-07 January 26 2009 (AR
0901302) (RP- Attached)
Exhibit 9 Written Testimony of Connie Walker (Attached)
Exhibit 10 Resume of Connie Walker (Attached)
6 A list of all technical materials relied upon by each witness
a All technical materials that the Department witnesses will rely on as a
basis for the facts and opinions relied on in their direct testimony are listed in their
written testimony attached as exhibits to this Statement of Intent
7 Sununary of testimony of each witness
The full written direct testimony of each Department witness is attached to this
Statement oflntent as Exhibits 2 4 and 9
8 Reservation of Rights
This Statement oflntent to Present Technical Testimony is based on the
Departments review of the Permittees application for renewal of the Waste Isolation
Pilot Plant hazardous waste permit and the Proposed Permit at NMED Exhibit 1 The
Department reserves the right to call any person to testify and to present any exhibit in
response to another Statement of Intent or public conunent filed in this matter or to any
testimony or exhibit offered at the public hearing The Department also reserves the right
3
to call any person as a rebuttal witness and to present any exhibit in support thereof
Respectfully submitted
NEW MEXICO ENVIRONMENT DEPARTMENT
By ~ () tV) n ~J2 Le lie amhart Assistant General Counsel New Mexico Environment Department PO Box 5469 Santa Fe NM 87502 (505) 827-0293 I sliebamhartstatenmus
Counsel for the Department 3600 Cerrillos Road-The Lofts Unit No 100lA Santa Fe NM 87507 (505) 983-1800 lindsaylindsaylovejoycom
4
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July 2010 a copy of the foregoing
Statement ofIntent to Present Technical Testimony was sent by first class mail or
electronic mail to
Lorraine Hollingsworth Domenici Law Firm PC 320 Gold Avenue SW Suite 1000 Albuquerque NM 87102 (505) 883-6250 (505) 884-3424 (fax) 1110llingsworthdomenicilawcom
George Hellstrom Legal Counsel US Department of Energy Carlsbad Field Office PO Box 3090 Carlsbad NM 88221 (575) 234-7010 (575) 234-7027 (fax) GeorgeHellstromwippws
Dennis N Cook Associate General Counsel Washington TRU Solutions LLC 4021 National Parks Highway PO Box 2078 GSA-202 Carlsbad NM 88221 (575) 234-7116 (575) 234-7047 (fax) denniscookwippws
Michael L Woodward Hance Scarborough LLP 111 Congress Ave Suite 500 Austin TX 78701 (512) 479-8888 (512) 482-6891 (fax) wooJward(a)hslawmailcom wwwhancescarboroughcom
5
Joni Arends Executive Director Concerned Citizens for Nuclear Safety 107 Cienega Street Santa Fe NM 87501 (505) 986-1973 (505) 986-0997 (fax) iarendsnuclearactiveorg
Scott Kovac Operations and Research Director Nuclear Watch New Mexico 551 Cordova Road 808 Santa Fe NM 87501 (505) 989-7342 scottnukewatchorg
Don Hancock Southwest Research and Information Center PO Box 4524 Albuquerque NM 87196-4524 (505) 262-1862 (505) 262-1864 (fax) sricdoneruthlinknet
Janet Greenwald Citizens for Alternatives to Radioactive Dumping 144 Harvard SE Albuquerque NM 87106 (505) 266-2663 (505) 262-1864 (fax) contactuscardmTIorg
Marian Naranjo Honor Our Pueblo Existence Route 5 Box 474 Espanola NM 87532 (505) 747-4652 mariann2windstreamnet
6
Determination Class 2 Permit Modification Request (PMR) (July 2 2010)
(RP - Attached)
Exhibit 7 NMED Response to Conunents on Class 2 PMR (July 12
2010) (RP - Attached)
Exhibit 8 Observer Inquiry related to Real-Time Radiography (RTR)
Independence at ORNLlCCP Audit A-09-07 January 26 2009 (AR
0901302) (RP- Attached)
Exhibit 9 Written Testimony of Connie Walker (Attached)
Exhibit 10 Resume of Connie Walker (Attached)
6 A list of all technical materials relied upon by each witness
a All technical materials that the Department witnesses will rely on as a
basis for the facts and opinions relied on in their direct testimony are listed in their
written testimony attached as exhibits to this Statement of Intent
7 Sununary of testimony of each witness
The full written direct testimony of each Department witness is attached to this
Statement oflntent as Exhibits 2 4 and 9
8 Reservation of Rights
This Statement oflntent to Present Technical Testimony is based on the
Departments review of the Permittees application for renewal of the Waste Isolation
Pilot Plant hazardous waste permit and the Proposed Permit at NMED Exhibit 1 The
Department reserves the right to call any person to testify and to present any exhibit in
response to another Statement of Intent or public conunent filed in this matter or to any
testimony or exhibit offered at the public hearing The Department also reserves the right
3
to call any person as a rebuttal witness and to present any exhibit in support thereof
Respectfully submitted
NEW MEXICO ENVIRONMENT DEPARTMENT
By ~ () tV) n ~J2 Le lie amhart Assistant General Counsel New Mexico Environment Department PO Box 5469 Santa Fe NM 87502 (505) 827-0293 I sliebamhartstatenmus
Counsel for the Department 3600 Cerrillos Road-The Lofts Unit No 100lA Santa Fe NM 87507 (505) 983-1800 lindsaylindsaylovejoycom
4
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July 2010 a copy of the foregoing
Statement ofIntent to Present Technical Testimony was sent by first class mail or
electronic mail to
Lorraine Hollingsworth Domenici Law Firm PC 320 Gold Avenue SW Suite 1000 Albuquerque NM 87102 (505) 883-6250 (505) 884-3424 (fax) 1110llingsworthdomenicilawcom
George Hellstrom Legal Counsel US Department of Energy Carlsbad Field Office PO Box 3090 Carlsbad NM 88221 (575) 234-7010 (575) 234-7027 (fax) GeorgeHellstromwippws
Dennis N Cook Associate General Counsel Washington TRU Solutions LLC 4021 National Parks Highway PO Box 2078 GSA-202 Carlsbad NM 88221 (575) 234-7116 (575) 234-7047 (fax) denniscookwippws
Michael L Woodward Hance Scarborough LLP 111 Congress Ave Suite 500 Austin TX 78701 (512) 479-8888 (512) 482-6891 (fax) wooJward(a)hslawmailcom wwwhancescarboroughcom
5
Joni Arends Executive Director Concerned Citizens for Nuclear Safety 107 Cienega Street Santa Fe NM 87501 (505) 986-1973 (505) 986-0997 (fax) iarendsnuclearactiveorg
Scott Kovac Operations and Research Director Nuclear Watch New Mexico 551 Cordova Road 808 Santa Fe NM 87501 (505) 989-7342 scottnukewatchorg
Don Hancock Southwest Research and Information Center PO Box 4524 Albuquerque NM 87196-4524 (505) 262-1862 (505) 262-1864 (fax) sricdoneruthlinknet
Janet Greenwald Citizens for Alternatives to Radioactive Dumping 144 Harvard SE Albuquerque NM 87106 (505) 266-2663 (505) 262-1864 (fax) contactuscardmTIorg
Marian Naranjo Honor Our Pueblo Existence Route 5 Box 474 Espanola NM 87532 (505) 747-4652 mariann2windstreamnet
6
to call any person as a rebuttal witness and to present any exhibit in support thereof
Respectfully submitted
NEW MEXICO ENVIRONMENT DEPARTMENT
By ~ () tV) n ~J2 Le lie amhart Assistant General Counsel New Mexico Environment Department PO Box 5469 Santa Fe NM 87502 (505) 827-0293 I sliebamhartstatenmus
Counsel for the Department 3600 Cerrillos Road-The Lofts Unit No 100lA Santa Fe NM 87507 (505) 983-1800 lindsaylindsaylovejoycom
4
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July 2010 a copy of the foregoing
Statement ofIntent to Present Technical Testimony was sent by first class mail or
electronic mail to
Lorraine Hollingsworth Domenici Law Firm PC 320 Gold Avenue SW Suite 1000 Albuquerque NM 87102 (505) 883-6250 (505) 884-3424 (fax) 1110llingsworthdomenicilawcom
George Hellstrom Legal Counsel US Department of Energy Carlsbad Field Office PO Box 3090 Carlsbad NM 88221 (575) 234-7010 (575) 234-7027 (fax) GeorgeHellstromwippws
Dennis N Cook Associate General Counsel Washington TRU Solutions LLC 4021 National Parks Highway PO Box 2078 GSA-202 Carlsbad NM 88221 (575) 234-7116 (575) 234-7047 (fax) denniscookwippws
Michael L Woodward Hance Scarborough LLP 111 Congress Ave Suite 500 Austin TX 78701 (512) 479-8888 (512) 482-6891 (fax) wooJward(a)hslawmailcom wwwhancescarboroughcom
5
Joni Arends Executive Director Concerned Citizens for Nuclear Safety 107 Cienega Street Santa Fe NM 87501 (505) 986-1973 (505) 986-0997 (fax) iarendsnuclearactiveorg
Scott Kovac Operations and Research Director Nuclear Watch New Mexico 551 Cordova Road 808 Santa Fe NM 87501 (505) 989-7342 scottnukewatchorg
Don Hancock Southwest Research and Information Center PO Box 4524 Albuquerque NM 87196-4524 (505) 262-1862 (505) 262-1864 (fax) sricdoneruthlinknet
Janet Greenwald Citizens for Alternatives to Radioactive Dumping 144 Harvard SE Albuquerque NM 87106 (505) 266-2663 (505) 262-1864 (fax) contactuscardmTIorg
Marian Naranjo Honor Our Pueblo Existence Route 5 Box 474 Espanola NM 87532 (505) 747-4652 mariann2windstreamnet
6
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July 2010 a copy of the foregoing
Statement ofIntent to Present Technical Testimony was sent by first class mail or
electronic mail to
Lorraine Hollingsworth Domenici Law Firm PC 320 Gold Avenue SW Suite 1000 Albuquerque NM 87102 (505) 883-6250 (505) 884-3424 (fax) 1110llingsworthdomenicilawcom
George Hellstrom Legal Counsel US Department of Energy Carlsbad Field Office PO Box 3090 Carlsbad NM 88221 (575) 234-7010 (575) 234-7027 (fax) GeorgeHellstromwippws
Dennis N Cook Associate General Counsel Washington TRU Solutions LLC 4021 National Parks Highway PO Box 2078 GSA-202 Carlsbad NM 88221 (575) 234-7116 (575) 234-7047 (fax) denniscookwippws
Michael L Woodward Hance Scarborough LLP 111 Congress Ave Suite 500 Austin TX 78701 (512) 479-8888 (512) 482-6891 (fax) wooJward(a)hslawmailcom wwwhancescarboroughcom
5
Joni Arends Executive Director Concerned Citizens for Nuclear Safety 107 Cienega Street Santa Fe NM 87501 (505) 986-1973 (505) 986-0997 (fax) iarendsnuclearactiveorg
Scott Kovac Operations and Research Director Nuclear Watch New Mexico 551 Cordova Road 808 Santa Fe NM 87501 (505) 989-7342 scottnukewatchorg
Don Hancock Southwest Research and Information Center PO Box 4524 Albuquerque NM 87196-4524 (505) 262-1862 (505) 262-1864 (fax) sricdoneruthlinknet
Janet Greenwald Citizens for Alternatives to Radioactive Dumping 144 Harvard SE Albuquerque NM 87106 (505) 266-2663 (505) 262-1864 (fax) contactuscardmTIorg
Marian Naranjo Honor Our Pueblo Existence Route 5 Box 474 Espanola NM 87532 (505) 747-4652 mariann2windstreamnet
6
Joni Arends Executive Director Concerned Citizens for Nuclear Safety 107 Cienega Street Santa Fe NM 87501 (505) 986-1973 (505) 986-0997 (fax) iarendsnuclearactiveorg
Scott Kovac Operations and Research Director Nuclear Watch New Mexico 551 Cordova Road 808 Santa Fe NM 87501 (505) 989-7342 scottnukewatchorg
Don Hancock Southwest Research and Information Center PO Box 4524 Albuquerque NM 87196-4524 (505) 262-1862 (505) 262-1864 (fax) sricdoneruthlinknet
Janet Greenwald Citizens for Alternatives to Radioactive Dumping 144 Harvard SE Albuquerque NM 87106 (505) 266-2663 (505) 262-1864 (fax) contactuscardmTIorg
Marian Naranjo Honor Our Pueblo Existence Route 5 Box 474 Espanola NM 87532 (505) 747-4652 mariann2windstreamnet
6