ML030240358

Notice of Intervention by Private Fuel Storage, L.L.C

ML030240358
Person / Time
Site:	Diablo Canyon
Issue date:	12/11/2002
From:	Silberg J Private Fuel Storage, ShawPittman, LLP
To:	Office of Nuclear Reactor Regulation, US Federal Judiciary, Court of Appeals, 10th Circuit
References
02-9583
Download: ML030240358 (8)

Text

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

)

OHNGO GAUDADEH DEVIA Petitioner, )

)

v. ) No. 02-9583

)

UNITED STATES NUCLEAR REGULATORY )

COMMISSION and the )

)

UNITED STATES OF AMERICA )

Respondents. )

NOTICE OF-INTERVENTION BY PRIVATE FUEL STORAGE, L.L.C.

Private Fuel Storage, L.L.C. ("PFS") respectfully provides notice, pursuant to 28 U.S.C.

§ 2348, Rule 15(d) of the Federal Rules of Appellate Procedure, and Circuit Rule 15.2(A), of intervention in the above-entitled action as a respondent in support of the agency order. In support of this notice, PFS states the following:

Petitioner Ohngo Gaudadeh Devia ("OGD") has commenced this action to seek review of an interlocutory order issued by the United States Nuclear Regulatory Commission ("NRC")

reversing its Atomic Safety and Licensing Board's partial denial of summary disposition on OGD's environmental justice contention, OGD 0, and directing the Board to grant summary disposition for PFS on OGD 0.1 PFS is an original party in the NRC proceeding below and is the applicant for the license being challenged in that proceeding by OGD.

PFS is entitled to intervene as a matter of right, because PFS both is a party in interest in the proceeding before the NRC, and has interests that would be affected if the NRC order were enjoined, set aside, or suspended. 28 U.S.C. § 2348. In 1997, PFS applied to the NRC for a Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Facility), CLI-02-20, 56 NRC (Oct. 1, 2002).

license to construct and operate an independent spent fuel storage facility in Skull Valley, Utah.

See Nuclear Regulatory Commission, Docket No. 72-22, "Notice of Consideration of Issuance of a Materials License for the Storage of Spent Fuel and Notice of Opportunity for a Hearing," 62 Fed. Reg. 41099 (1997). The proceeding below pertains to this application and directly affects PFS's ability to commence construction and subsequently operate the facility. Until the NRC license is issued, PFS cannot commence construction or operation and hence cannot receive a return on its considerable investment to date or obtain the benefits which the facility will generate. Thus, PFS has substantial, direct, and tangible interests in the timely ultimate resolution of this proceeding.

Respectfully submitted, Silbcrg SHAW PITTMAN 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8063 Counsel For Private Fuel Storage, L.L.C.

Dated: December 11, 2002 2

rAN UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Entry of Appearance and Certificate of Interested Parties OHNGO GAUDADEH DEVIA Petitioner, No. 02-9583 V.

UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF AMERICA Respondents.

INSTRUCTIONS: COUNSEL FOR A PARTY MUST FORTHWITH EXECUTE AND FILE THIS FORM, TOGETHER WITH PROOF OF SERVICE ON ALL OTHER PARTIES. IF THE CERTIFICATE OF INTERESTED PARTIES ON THE REVERSE OF THIS FORM IS COMPLETED, AN ORIGINAL AND THREE COPIES MUST BE FILED. MULTIPLE COUNSEL APPEARING FOR A PARTY OR PARTIES AND WHO SHARE THE SAME MAILING ADDRESS MAY ENTER THEIR APPEARANCES ON THE SAME FORM BY AFFIXING THEIR INDIVIDUAL SIGNATURES.

In accordance with 10th Cir. R. 46.1, the undersigned attorney hereby appears as counsel for Private Fuel Storage, L.L.C., Appellee/Respondent, in the subject case.

Further, in accordance with 10th Cir. R. 46.1(C), the undersigned certifies as follows: (Check one.)

10 Attached to this form is a completed certificate of interested parties and/or attorneys not otherwise disclosed, who are now or have been interested in this litigation or any related proceeding. (File original and three copies.)

13 There are no such parties, or any such parties have heretofore been disclosed to the court. (File original only.)

Jay E. Silberg Name of Counsel Name of Counsel S a of Counsel Signature of Counsel 2300 N St. NW, Washington, DC 20037 (202) 663-8063 Mailing Address and Telephone Number Mailing Address and Telenhone Number tn ........ IV .............

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT OHNGO GAUDADEH DEVIA Petitioner, No. 02-9583 V.

UNITED STATES NUCLEAR REGULATORY COMMISSION and the UNITED STATES OF AMERICA Respondents.

Certificate of Interested Parties The following are parties to this litigation, including persons or other entities financially interested in the outcome of the litigation, but not revealed by the caption on appeal, see 10th Cir. R.

46.1 (C), and attorneys not entering an appearance in this court who have appeared for any party in prior trial or administrative proceedings sought to be reviewed, or in related proceedings that preceded the subject action in this court:

(Attach additional pages if necessary.)

Members of Private Fuel Storage, L.L.C. ("PFS"). Court Rule 46.1((C)(2).

Northern States Power Company doing business as Xcel Energy; Genoa FuelTech, Inc.;

Indiana Michigan Power Company; Southern California Edison Company Southern Nuclear Operating Company, Inc.;

GPU Nuclear, Inc.;

Entergy Nuclear Indian Point 2, L.L.C.;

Florida Power and Light Company.

Attorneys not appearing in this Tenth Circuit case, but having a current interest in the related NRC proceedings. Court Rule 46.1(C)(4).

For PFS: Matias F. Travieso-Diaz, Paul A. Gaukler, D. Sean Barnett, Douglas J. Rosinski, and Blake J. Nelson.

For the State of Utah: Denise Chancellor, Connie Nakahara, Fred G Nelson, Diane Curran, James R. Soper, Laura Lockhart, Monte N. Stewart, Helen A.

Frohlich For Southern Utah Wilderness Alliance: Joro Walker For the Skull Valley Band of Goshute Indians: Tim Vollmann For the Confederated Tribes of the Goshute Reservation: John Paul Kennedy, Sr., David W. Tufts For the Nuclear Regulatory Commission: Catherine L. Marco, Sherwin E. Turk Si~lberr SHAW PITTMAN LLP 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8063

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

)

OHNGO GAUDADEH DEVIA )

Petitioner, )

)

v. ) No. 02-9583 UNITED STATES NUCLEAR REGULATORY )

COMMISSION and the )

)

UNITED STATES OF AMERICA )

Respondents. )

PRIVATE FUEL STORAGE, L.L.C.'s CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Private Fuel Storage, L.L.C.

('TFS") submits this Corporate Disclosure Statement. PFS is a Delaware limited liability company, whose members are eight electric utility companies (or affiliates thereof): Northern States Power Company doing business as Xcel Energy-, Genoa FuelTech, Inc.; Indiana Michigan Power Company; Southern California Edison Company; Southern Nuclear Operating Company, Inc.; GPU Nuclear, Inc.; Entergy Nuclear Indian Point 2, L.L.C.; and Florida Power and Light Company. No other publicly held company has 10 percent or more equity interest in PFS.

Respectfully submitted, Jaý&.Silberg SHAW PITTMAN 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8063 Counsel For Private Fuel Storage, L.L.C.

Dated: December 11, 2002

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT OHNGO GAUDADEH DEVIA )

Petitioner, )

)

V. ) No. 02-9583

)

UNITED STATES NUCLEAR REGULATORY )

COMMISSION and the )

)

UNITED STATES OF AMERICA )

Respondents. )

CERTIFICATE OF SERVICE I hereby certify that true copies of the foregoing Notice of Intervention by Private Fuel Storage, L.L.C., Counsel's Entry of Appearance Certificate, and Private Fuel Storage, L.L.C.'s Corporate Disclosure Statement were served upon the following by United States mail, first class, postage prepaid, on this 11th day of December, 2002:

John F. Cordes, Jr., Esq. John Asbcroft, Esq.

Solicitor Attorney General of the United States Office of General Counsel U.S. Department of Justice U.S. Nuclear Regulatory Commission 950 Pennsylvania Avenue Washington, D.C. 20555 Washington, D.C. 20530 Office of the Secretary John Paul Kennedy, Sr., Esq.

United States Nuclear Regulatory David W. Tufts, Esq.

Commission Durham Jones & Pinegar Washington, D.C. 20555-0001 111 East Broadway, Suite 900 Salt Lake City, Utah 84105 Diane Curran, Esq. Tim Vollmann, Esq.

Harmon, Curran, Spielberg & Skull Valley Band of Goshute Indians Eisenberg, L.L.P. 3301-R Coors Road, N.W.

1726 M Street, N.W. Suite 302 Suite 600 Albuquerque, NM 87120 Washington, D.C. 20036

Joro Walker, Esq. Paul EchoHawk, Esq.

Land and Water Fund of the Rockies Larry EchoHawk, Esq.

1473 South 1100 East Mark EchoHawk, Esq.

Suite F EchoHawk PLLC Salt Lake City, UT 84105 P.O. Box 6119 Pocatello, ID 83205-6119 Jajt. Oilbergr 2