ML20195F562
| ML20195F562 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 06/07/1999 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#299-20519 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9906150029 | |
| Download: ML20195F562 (4) | |
Text
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UNITED STATES OF AMERICA Ubi,F,C NUCLEAR REGULATORY COMMISSION
?) Jl#M4 P3 :13 BEEQRE THE ATOMIC SAFETY AND LICENSING BOARD g
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In the Matter of:
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Docket No. 72 22 ISFSI ADJL~.
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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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June 7,1999 STATE OF UTAH'S RESPONSE IN SUPPORT OF OHNGO GAUDADEH DEVIA'S MOTION TO EXTEND DISCOVERY Pursuant to the Board's Order dated June 2,1999 (Schedule for Responses to Motion to Extend Discovery Period), the State files this response in support of Ohngo Gaudadeh Devia's ("OGD") May 28,1999, Motion to Extend Discovery in order to take Chairman Bear's deposition.
OGD's request is reasonable for several reasons. First, various Board orders have modified or supplemented existing NRC regulations that affect discovery, scheduling and other procedural issues. The Board should accommodate a public interest group who has made a good faith effort to adhere to the Board's orders relating to discovery.
Second, during the month of May it would have been difficult, if not impossible, to schedule Mr. Bear's deposition because of other depositions and discovery that were taking place during that time period. For example, during May the following deposition were taken by either the Applicant or the State: (a) the week 9906150029 990607 h/())
PDR ADOCK 07200022 4
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r2 of May 10, five depositions (the sixth deposition was canceled due to illness); (b) the week of May 17, three depositions; (c) the week of May 27, seve'n depositions. All of 1
these deposition necessitated the Applicant's presence, either to take the deposition or to defend it. In addition, during May, the parties were sending and responding to discovery requests.
Finally, a date, suitable to all parties, could be found that would allow OGD to take Mr. Bear's deposition some time this summer. The State is willing to be accommodating to the Applicant if extensions of time are needed to fit in the Bear deposition.
DATED this 7th day of June,1999.
Respect y submitted /
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w De'nTs'e ChancelloTAssistant 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 2
c 00CKE1ED USHRC CERTIFICATE OF SERVICE I hereby certify that a copy of STATE OF UTAH'S RESPONSE IN99 JUN 14 P3 :13 SUPPORT OF OHNGO GAUDIDEH DEVIA'S MOTION TO EXTpD; 7 0r i
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'y DISCOVERY was served on the persons listed below by electronic mail (driles'sM' otherwise noted) with conforming copies by United States mail first class, this 7th day.
of June,1999:
Rulemaking & Adjudication Staff Sherwin E. Turk, Esq.
Secretary of the Commission Catherine L. Marco, Esq.
U. S. Nuclear Regulatory Commission Office of the General Counsel Washington D.C. 20555 Mail Stop 15 B18 E mail: hearingdocket@nrc. gov
~ U.S. Nuclear Regulatory Commission (originaland two copies)
Washington, DC 20555 E Mail: set @nrc. gov G. Paul Bollwerk,III, Chairman E Mail: clm@nrc. gov Administrative Judge E Mail: pfscase@nrc. gov Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Jay E. Silberg, Esq.
Washington, DC 20555 Ernest L. Blake,Jr.
E-Mail: gpb@nrc. gov Shaw, Pittman, Potts & Trowbridge 2300 N Street, N. W.,
Dr. Jerry R. Kline Washington, DC 20037-8007 Administrative Judge E Mail: Jay _Silberg@shawpittman.com Atomic Safety and Licensing Board E-Mail: ernest _blake@shawpittman.com U. S. Nuclear Regulatory Commission E Mail: paul _gaukler@shawpittman.com Washington, DC 20555 E Mail: jrk2@nrc. gov John Paul Kennedy, Sr., Esq.
E Mail: kjerry@erols.com 1385 Yale Avenue Salt Lake City, Utah 84105 Dr. Peter S. Lam E Mail: john @kennedys.org Administrative Judge Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, DC 20555 E-Mail: psl@nrc. gov 3
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Richard E. Condit, Esq.
James M. Cutchin
_ Land and Water Fund of the Rockies '
Atomic Safety and Licensing Board 2260 Baseline Road, Suite 200 Panel Boulder, Colorado 80302 U.S. Nuclear Regulatory Commission E-Mail: rcondit@lawfund.'org Washington, D.C. 20555-0001
' E-Mail: jmc3@nrc. gov
.Joro Walker, Esq.
(electronic copy only)
Land and Water Fund of the Rockies 2056 East 3300 South Street, Suite 1 Office of the Commission Appellate Salt Lake City, Utah 84109 Adjudication E Mail: joro61@inconnect.com Mail Stop: 16-G 15 OWFN U. S. Nuclear Regulatory Commission Danny Quintana, Esq.
Washington, DC 20555 Danny Quintana & Associates, P.C.
(UnitedStates mailonly) 50 West Broadway, Fourth Floor Salt Lake City, Utah 84101 E Mail: quintana @xmission.com f
/3J ' A Deriise Chancello'r
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Assistant Attorney General State of Utah 4
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