ML20196A887

Joint Motion for Extension of Schedule for Discovery Responses & Showing of Good Cause.* Private Fuel Storage & State of UT Request That Board Extend Date of Response to 990628.With Certificate of Svc

ML20196A887
Person / Time
Site:	07200022
Issue date:	06/16/1999
From:	Silberg J, Silbert J AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
CON-#299-20550 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9906230029
Download: ML20196A887 (5)

Text

D

,20550 DOCKETED US4RC June 16,1999

'99 JLN 21 P5 :09 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIpN Before the Atomic Safety and Licensing B In the Matter of

)

)

PRIVATE FUEL STORAGE L.L.C.

)

Docket No. 72 i s FS l

)

(Private Fuel Storage Facility)

)

JOINT MOTION FOR EXTENSION OF SCHEDULE FOR DISCOVERY RESPONSES AND SHOWING OF GOOD CAUSE In its Order (Granting Time Extensions for Discovery Responses and Contention i

Utah K Summary Disposition Motion), dated May 26,1999, the Atomic Safety and Licensing Board (" Board") granted ajoint motion by Applicant Private Fuel Storage L.L.C. ("PFS") and the State of Utah for an extension of time to file responses to pending Group II and Group III discovery requests to June 18,1999. Because of the unavailability of a key individual whose input is required to prepare many of these

'esponses, it has become evident in the last day that PFS may not be able to complete the r

preparation of the outstanding Group II and Group III discovery requests by the current June 18,1999 deadline. The State is also experiencing difficulty in securing the assistance of key individuals in preparing their responses to Group II and Group III discovery requests. As a result, PFS and the State hereby request that the Board further extend the date for responding to pending Group II and Group III discovery requests to June 28,1999. The NRC Staff has no objection to the requested extension.

[h@

9906230029 990616 PDR ADOCK 07200022 C

PDR g

@n j

,e

. PFS and the State recognize that requests for extensions of time must normally be filed three business days in advance, see Memorandum and Order (Ruling on Motions to

Extend Discovery and to Quash Deposition Notice), dated June 14,1999 at n.1. In this case, it was not apparent until late Tuesday, June 15,1999, that counsel for PFS might be unable to spend sufficient time conferring with the Chairman of the Board of Managers of PFS, whose input was essential to respond to a significant number of discovery requests. The Chairman has been away from his office and largely unavailable to PFS counsel for the last several days. At the present time, he is out of the state in meetings with industry officials. Although it may yet be possible that PFS counsel and the Chairman will be able to have adequate time to prepare responses, discretion suggests that this extension be ' sought in case PFS counsel is unable to do so. Similarly, counsel for the State has had difficulty in determining whether the deadline could be met because of the unexpected unavailability of various State employees. We respectfully submit that these circumstances, particularly in light of the fact that the discovery relates to Group II and Group III contentions, constitutes good cause for not meeting the three business day rule.

For the reasons set forth above, PFS and the State of Utah respectfully request that the Board extend the date for responding to pending Group II and Group III

~

discovery requests to June 28,1999.

I I

i

, l

' is l$

Respectfully submitted, Jay M. Silberg Ernest L. Blake, Jr.

Paul A. Gaukler.

)

SHAW, PITTMAN, 2300 N Street, N.W.

Washington, DC 20037 (202) 663-8000 Counsel for Private Fuel Storage L.L.C.

Dated: June 16,1999 l

O s

p.

m.._

W

,9 DOCKE1ED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION 99 JLN 21 PS :10 Before the Atomic Safety and Licensing Board OW RtiL a

ADJbt m

,e F In the Matter of

)

)

PRIVATE FUEL STORAGE L.L.C.

)

Docket No. 72-22

)

(Private Fuel Storage Facility)

)

ASLBP No. 97-732-02-ISFSI CERTIFICATE OF SERVICE I

I hereby certify that copies of the Joint Motion for Extension of Schedule for Discovery Responses and Showing of Good Cause were served on the persons listed below (unless otherwise noted) by e-mail with conforming copies by U.S. mail, first class, postage prepaid, this 16th day of June 1999.

G. Paul Bollwerk III, Esq., Chairman Dr. Jerry R. Kline Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 l

e-mail: GPB@nrc. gov e-mail: JRK2@nrc. gov and kjerry@erols.com I

Dr. Peter S. Lam

• Susan F. Shankman Administrative Judge Deputy Director, Licensing & Inspection

]

Atomic Safety and Licensing Board Panel Directorate, Spent Fuel Project Office i

U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety &

Washington, D.C. 20555-0001 Safeguards e-mail: PSL@nrc. gov U.S. Nuclear Regulatory Commission Washington, D.C. 20555

N 1) f:

1

+

Office of the Secretary _

• Adjudicatory File

- U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel

. Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission i

i Attention: Rulemakings and Adjudications Washington, D.C. 20555-0001 Staff-

.e-mail: hearingdocket@nre. gov i

(Original and two copies) _

Catherine L. Marco, Esq.

Denise Chancellor, Esq.

,1 Sherwin E. Turk, Esq.

Assistant Attorney Genera (

' Office of the General Counsel Utah Attorney General's Ofdce

. Mail Stop O-15.Bl8 160 East 300 South,5th Floor U.S. Nuclear Regulatory Commission P.O. Box 140873 Washington, D.C. 20555 Salt Lake City, Utah 84114-0873 e-mail: pfscase@nrc. gov e mail: dchancel@ state.UT.US John Paul Kennedy, Sr., Esq..

Joro Walker, Esq.

Confederated Tribes of the Goshute Land and Water Fund of the Rockies Reservation and David Pete 2056 East 3300 South, Suite 1 1385 Yale Avenue Salt Lake City, UT 84109 Salt Lake City, Utah 84105 e-mail: joro61@inconnect.com e-mail: john @kennedys.org Diane Curran,' Esq.

Danny Quintana, Esq.

Harmon, Curran, Spielberg &

_ Skull Valley Band of Goshute Indians Eisenberg, L.L.P.. _

Danny Quintana & Associates, P.C.

1726 M Street, N.W., Suite 600 -

68 South Main Street, Suite 600 Washington, D.C. 20036.'

Salt Lake City, Utah 84101 e-mail: deurran@harmoncurran.com e-mail: quintana @xmission.com

• By 0.S. mail only l

Paul A.Gaukler Document #: 776074'v,1 L

L 2

.