ML20195F614

Order (Granting Leave to File Reply & Setting Schedule for Intervention Petition Responses).* Grants Ohngo Guadadeh Devia 981118 Motion for Leave to Reply to NRC 981110 & Pfs 981112 Responses.With Certificate of Svc.Served on 981119

ML20195F614
Person / Time
Site:	07200022
Issue date:	11/19/1998
From:	Bollwerk G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	AFFILIATION NOT ASSIGNED
References
CON-#498-19727 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9811200036
Download: ML20195F614 (6)

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QY UNITED STATES OF AMERICA 00CKETED NUCLEAR REGULATORY COMMISSION USNRC I

ATOMIC SAFETY AND LICENSING BOARD ,

Before Administrative Judges:

G. Paul Bollwerk, III, Chairman Dr.. Jerry R. Kline Oggy gjg 5

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Dr. Peter S. Lam MD NOV I 91996 In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI i

(Independent Spent Fuel November 19, 1998 Storage Installation) l l

ORDER (Granting Leave to File Reply and Setting Schedule for Intervention Petition Responsec)

Upon consideration of (1) intervenor Ohngo Gaudadeh Devia's (OGD) November 18, 1998 motion for leave to reply to the November 10 and 12, 1998 responses of the NRC staff and applicant Private Fuel Storage, L.L.C., (PFS) to OGD's November 2, 1998 contentions concerning the PFS August 28, 1998 license application amendment, including the representations in that motion concerning the length of OGD's reply pleading or pleadings and the PFS and staff positions regarding the OGD request; and (2) the November 18, 1998 request for hearing and petition to intervene of the Southern Utah Wilderness Alliance (SUWA) and the accompanying contentions regarding the PFS license application, it is

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ORDERED, that OGD's November 18, 1998 motion for leave to reply is aranted, and it is FURTHER ORDERED, that OGD shall have up to and j including Monday, November 23. 1998, within which to file its reply pleading or pleadings, which shall not exceed at total of twenty pages in length; and it is FURTHER ORDERED, that party responses to the November 18, 1998 SUWA hearing request / intervention petition and contentions shall be filed on or before Tuesday.

December 1, 1998, and shall not exceed twenty-five pages in length.

In addition, the Board requests that counsel for each party advise the Licensing Board Chairman on or before Tuesday, November 24. 1998, of any conflicts that would make counsel unavailable for a prehearing conference on Tuesday, December 8, 1998; Thursday, December 10, 1998; or Friday, December 11, 1998. During this prehearing conference, which would be in lieu of the conference tentatively-scheduled for the week of December 14, 1998,1 ggg Licensing Board Order (Granting Leave to File Surreply and Establishing Schedule for Next Informal Discovery Status Report) (Oct. 29, 1998) at 2-3, the Board would entertain presentations concerning (1) SUWA's hearing request / intervention petition and

• Counsel no longer need advise the Board regarding conflicts during the week of December 14.

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contentions; and (2) the status of informal discovery and party plans for formal discovery. The Board anticipates conducting this proceeding as a videoconference between the Atomic Safety and Licensing Board Panel's Hearing Room at the Commission's Rockville, Maryland headquarters and a site in Salt Lake City, Utah. It may, however, conduct all or a portion of the proceeding as a telephone conference depending on what arrangements can be made for videoconferencing facilities in Salt Lake City. Also, on or before November 24, counsel should advise the Board Chairman whether they wish to attend the conference relative to both these matters or only want to be involved in the discovery status portion of the proceeding. Counsel may use the joint status report due on Tuesday, November 24, 1998, to identify any scheduling conflicts and their intention regarding participation in the prehearing conference.

The filings required or permitted under this order should be served on the Board, the Office of the Secretary, and counsel for the other participants by facsimile transmission, e-mail, or other means that will ensure receipt by midnight Eastern Time on the. day of filing. See Licensing Board Memorandum and Order (Initial Prehearing Order) (Sept. 23, 1997) at 5-6 (unpublished); Licensing Board Memorandum and Order (Additional Guidance on Service Procedures) (Nov. 19, 1997) (unpublished); Licensing Board r

s Memorandum and Order (Schedule for Telephone Conference and Directives Regarding Expedited Service) (Sept. 2, 1998) at 2-3-(unpublished).

FOR THE ATOMIC SAFETY AND LICENSING BOARD

• 1d5 d bedb G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville Maryland November 1998

• Copies of this order were sent by Internet e-mail transmission this date to counsel for (1) applicant PFS; (2) intervenors Skull Valley Band of Goshute Indians, OGD, Confederated Tribes cf the Goshute Reservation, Castle Rock Land and Livestock, L.C./ Skull Valley Company, LTD., and the State of Utah; (3) petitioner SUWA; and (4) the staff, t .. . . . . - . . .

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UNITED STATES OF AMERICA j NUCLEAR REGULATORY COMMISSION In the Matter of <

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PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI i

(Independent Spent Fuel Storage l Installation)  !

l CFRTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB GRANT'G LEAVE TO FILE REPLY have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate G. Paul Bo11werk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline. Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

Catherine L. Marco, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, Curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 Martin S. Kaufman,'Esq. Joro Walker, Esq.

Atlantic Legal Foundation Land and Water Fund of the Rockies 205 E 42nd St. 165 South Main, suite 1

'New York, NY 10017 Salt Lake City, UT 84111

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e Docket No.(s)72-22-ISFSI LB GRANT'S LEAVE TO FILE REPLY Denise Chancellor, Esq.

Assistant Attorney General Jay E. Silberg, Esq.

Utah Attorney General's Office Shaw, Pittman, Potts and Trowbridge 160 East 300 South, 5th Floor 2300 N Street, NW P.O. Box 140873 .

Washington, DC 20037 Salt Lake city, UT 84114 John Paul Kennedy, Esq. Clayton J. Parr, Esq.

Confederated Tribes of the Goshute Castle Rock, et al.

' Reservation and David Pete Parr, Waddoups, Brown, Gee & Loveless 1385 Yale Avenue 185 South State Street, Suite 1300 Salt Lake City, UT 84105 Salt Lake City, UT 84111 Danny Quintana, Esq. Richard Wilson Skull Valley Band of Goshute Indians Department of Physics Danny Quintana & Assocs., P.C. Harvard University 50 West Broadway, Fourth Floor Cambridge, MA 02138 Salt Lake City, UT 84101 1

Dated at Rockville, Md. this 19 day of November 1998 l Office of the Secretary of the Cpssion

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