ML20154B906
| ML20154B906 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 09/30/1998 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20154B877 | List: |
| References | |
| 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9810060049 | |
| Download: ML20154B906 (6) | |
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DOCKETED UStiRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 38 OCT -5 P1 :57 BEFORE THE ATOMICSAFETY AND LICENSING BOARDy, cc p -
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In the Matter of:
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Docket No. 72-22-ISFSI
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PRIVATE FUEL STORAGE, LLC )
ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel
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Storage Installation)
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September 30,1998 CORRECTION TO STATE OF UTAH'S CONTENTIONS RELATING TO THE LOW RAIL TRANSPORTATION LICENSE AMENDMENT The State of Utah submitted the above-entitled pleading yesterday, September 29,1998. Please correct pages 2,9 and 19 of the pleading to read
" Contention HH" instead of " Contention HEAVY HAUL." Substitute pages 2,9 and 19 are attached hereto.
DATED this 30th day of September,1998.
Respe u y submitted, JM 9
i De'nise Chancellor 3s'sistant Attorney General Fred G Nelson, Assistant Attorney General Diane Curran, Special Assistant Attorney General Connie Nakahara, Special Assistant Attorney General Attorneys for State of Utah Utah Attorney General's Office 160 East 300 South,5th Floor, P.O. Box 140873 Salt Lake City, UT 84114-0873 Telephone: (801) 366-0286, Fax: (801) 366-0292 9810060049 981001 PDR ADOCK 07200022 C
approximately 26 miles, then turn east for approximately 3 miles where it would terminate at the ISFSI. Environmental Report ("ER") Rev.1 at 2.1-3.
The Applicant intends to construct the railroad on public lands and the Applicant has applied to the U.S. Bureau of Land Management ("BLM") for a 200 foot right-of-way to accommodate the proposed 32 mile route. ER Rev.1 at 2.1-3,4.4-1.
In the license amendment, the Applicant proposed a change in the location of the Rowley Junction ITP 1.8 miles to the west of the location described in the initial license application. Safety Analysis Report ("SAR"),
Rev. 2 at 3.1-3. The ITP would still be located next to the Union Pacific mainline and in close proximity to Interstate 80 and the industrial salt plant.
ER Rev 1 at 4.7-5 & 6. The facilities at the ITP remain the same as in the initial license application, i.e., rail sidings off the Union Pacific mainline, a building musing a 150 ton gantry crane and a tractor /tra:ler yard. SAR Rev. 2 at 4.5-3.
The State has reviewed the license amendment and now files additional contentions based on the amendment. The States also amends the basis for admitted Contention B relating to Rowley Junction.
Contention HH.
The Low Rail Corridor and Fire Hazards CONTENTION: The Applicant's Environmental Repon fails to give 2
4 The Low Corridor License Amendment is wholly without discussion of the direct and indirect costs or cumulative impacts associated with the construction and operation of the railline. Rather the amendment describes only the indirect benefits of the rail line, e.g., the rail line will provide
" opportunities for funher Band economic development projects." ER Rev.1 at 7.2-3.
There are numerous costs and cumulative impacts associated with the Low Rail Corridor that must be evaluated and quantified, including the i
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1.
The operation of the rail line creates an increased risk of fire in an area 1
that is prone to range fire. See Contention HH above, whose basis is i
incorporated herewith by reference. The ER fails to quantify the costs j
associated with fires ignited as a result of activities occurring in the rail corridor. Nor has the Applicant evaluated the cumulative impacts that these newly introduced fire hazards pose to the Skull Valley area.
l 2.
There is the potential that endangered, threatened and candidate endangered species may be found in the Low Corridor, e.g., Ute Ladies-Tresses, Least Chub, Spotted Frog, Peregrine Falcon, Bald Eagle and Mountain Plover ER Rev.1, Table 2.3 2. These species, other sensitive species, and their food l
base may be impacted by construction activities, noise levels and operation of 9
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contentions. See Affidavit of David C. Schen (Exhibit 1) and Declaration of Dr. Marvin Resnikoff (Exhibit 3).
Fourth, there are no other parties who will represent the State's interests with respect to the issues raised in the above Contentions.
Finally, it is unlikely that admission of these contentions would broaden or delay the proceeding significantly, as the scope of issues submitted by the State and ruled on by the Board is quite broad already. Moreover, Contention B has already been admitted and Contention HH is similar to the fire issues admitted in Contention R. Moreover, other intervenors who have not yet received a copy of the license amendment will be entitled to file contentions after their review of the material. Thus, the State's filing now will not delay the proceeding. Furthermore, any delay is outweighed by the significance of this issue raised as a result of the new transportation corridor. Accordingly, the above Contentions satisfy the NRC's criteria for late consideration.
DATED this 29th day of September,1998.
submitted,-
Respe u
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e D/nise ChancelloDssiitint Attorney General i
Fred G Nelson, Assistant Attorney General Diane Curran, Special Assistant Attorney General Connie Nakahara, Special Assistant Attorney General 19 4
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1 CERTIFICATE OF SERVICE I hereby certify that copies of CORRECTION TO STATE OF UTAH'S CONTENTIONS RELATING TO THE LOW RAIL TRANSPORTATION LICENSE AMENDMENT were served on the persons 1
listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 30th day of September,1998:
Attn: Docketing & Services Branch Dr. Peter S. Lam Secretary of the Commission Administrative Judge U. S. Nuclear Regulatory Atomic Safety and Licensing Board.
Commission U. S. Nuclear Regulatory Mail Stop: Ol6G15 Commission 11555 Rockville Pike, One White Washington, DC 20555 Flint North E-Mail: psl@nrc. gov Rockville, MD 20852-2738 (originaland two copies)
Sherwin E. Turk, Esq.
Catherine L. Marco, Esq.
G. Paul Bollwerk, III, Chairman Office of the General Counsel Administrative Judge Mail Stop 15 B18 Atomic Safety and Licensing Board U.S. Nuclear Regulatory U. S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 E-Mail: set @nrc. gov E-Mail: gpb@nrc. gov E-Mail: cim@nrc. gov Dr. Jerry R. Kline Jay E. Silberg, Esq.
Administrative Judge Ernest L. Blake,Jr.
Atomic Safety and Licensing Board Shaw, Pittman, Potts &
U. S. Nuclear Regulatory Trowbridge Commission 2300 N Street, N. W.
Washington, DC 20555 Washington, DC 20037-8007 E-Mail: jrk2@nrc. gov E-Mail:
Jay _Silberg@shawpittman.com 2
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1 Clayton J. Parr, Esq.
James M. Cutchin l
Parr, Waddoups, Brown, Gee &
Atomic Safety and Licensing Board l
Loveless Panel 185 South State Street, Suite 1300 U.S. Nuclear Regulatory P. O. Box 11019 Commission Salt Lake City, Utah 84147-0019 Washington, D.C. 20555-0001 E-Mail: karenj@pwlaw.com E-Mail: jmc3@nrc. gov l
(electronic copy only)
John Paul Kennedy, Sr., Esq.
i 1385 Yale Avenue Office of the Commission Salt Lake City, Utah 84105 Appellate i
E-Mail: ichnskennedvs. ore Adjudication Mail Stop: 16-G-15 OWFN Joro Walker, Esq.
U. S. Nuclear Regulatory Land and Water Fund of the Commission Rockies Washington, DC 20555 165 South Main, Suite 1 (United States mail,first class only)
Salt Lake City, Utah 84111 E Mail: joro61@inconnect.com Danny Quintana, Esq.
Danny Quintana & Associates, P.C.
50 West Broadway, Fourth Floor Salt Lake City, Utah 84101 E-Mail: quintana @xmission.com d
s enise Chancellor ssistant Attorney General State of Utah l
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