ML20196B245
| ML20196B245 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 11/27/1998 |
| From: | Bollwerk G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | AFFILIATION NOT ASSIGNED, UTAH, STATE OF |
| References | |
| CON-#498-19747 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9812010023 | |
| Download: ML20196B245 (6) | |
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UNITED STATES OF AMERICA OOCEEiED' NUCLEAR REGULATORY ' COMMISSION iCN i.
. ATOMIC SAFETY AND LICENSING BOARD 98 N0" 27 Air:11 l
'Before Administrative Judges:
G.
Paul Bollwerk, III, Chairman-Dr. Jerry R. Kline AD.
l Dr. Peter S.
Lam In the Matter of Docket No. 72-22-ISFSI l
l l
PRIVATE FUEL STORAGE, L.L.C.
ASLBP No.. 97-732-02-ISFSI 1
(Independent Spent Fuel November 27, 1998 1
Storage Installation) i 1
\\
SErNW NOV 2 71996
)
ORDER
- (Approving Lead Party Designation-l Change and Establishing i
Prehearing Conference Schedule)
Upon consideration of (1) the November 23, 1998 submissions of intervenors State of Utah-(State) and Castle Rock Land and Livestock, L.C.,
and Skull Valley Co.,
Ltd.
.(Castle Rock / Skull Valley). requesting a change in the lead party designation for: contention Utah AA/ Castle Rock 13; and (2) the parties' November 24, 1998 joint report on the i
status of informal discovery, it is ORDERED, that'the request of the State and Castle Rock / Skull Valley to change the' lead party designation for L
contention Utah AA/ Castle Rock 13 from Castle Rock / Skull Valley to the State is aranted; and it is FURTHER ORDERED, that the Board will conduct a
.prehearing conference in the Atomic Safety and Licensina 4
i' 1Y 9812010023 981127 n(
PDR ADOCK 07200022 i)iJ I
C PDR 6
u Board Panel Hearina Room, Room T-3B45, Third Floor, Two White Flint North Buildina, 11545 Rockville Pike, Rockville, l
Maryland, on Fridav, December 11, 1998, becinnina at 11:00 l
a.m. Eastern Time (ET) (9:00 a.m. Mountain Time (MT)).
This 1
prehearing conference is being held to discuss the status of L
informal discovery and party plans for formal discovery and to entertain oral presentations regarding the sufficiency of the November 18, 1998 request for hearing / petition to intervene and contentions of petitioner Southern Utah Wilderness Alliance (SUWA).
For this prehearing conference, counsel may appear in person at the Panel Hearing Room or participate by videoconference from Room 212 in Milton Bennion Hall on the University of Utah campus in Salt Lake City, Utah.*
Counsel for each participant should advise the Board and the other participants by e-mail on or before Friday, December 4, l
L 1998, whether he or she intends to appear in person in Rockville or by videoconference from Salt Lake City.*
i
- This is the same room that was used for the May 19, 1998 prehearing videoconference.
2 If appearing at either the Rockville or Salt Lake City locations would be difficult, it may be possible for counsel to take part in the conference by telephone.
Any counsel wishing to participate by teleconference should advise the Board by December 4 as well.
Also, for planning purposes the Board notes it will conduct the discovery status portion of the conference first, followed by oral presentations on the SUWA hearing (continued...)
.. _ -.... _, _ - _ _. -. ~ _ _...
In connection with the discovery status portion of the prehearing conference,-the Board requests that at the outset one participant be prepared to provide a brief " joint" report on the status of informal discovery, including document disclosures, identification of asserted privileged or protected documents, and the conduct of witness interviews.
Also, to the extent possible, each participant should be prepared to discuss its plans for conducting formal discovery, including providing the good faith l
estimates requested in-the Board's October 29, 1998 issuance.
Egg Licensing Board Order (Granting Leave to File Surreply and Establishing Schedule for Next Informal Discovery Status Report) (Oct. 29, 1998) at 2 (unpublished).
1 Any participant wishing to suggest additional subjects for discussion during the prehearing conference should advise the Board and the other participants of its proposed l
2(... continued) petition and contentions.
The Board intends to complete the conference on December 11.
Therefore, the Board is prepared to stay in session until approximately 1:00 p.m.
ET (11:00 a.m. MT), take a luncheon break, resume around 2:00 p.m. ET (noon MT), and continue until party presentations are concluded.
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l agenda items in writing on or before Fridav, December 4, l
1998..'
FOR THE ATOMIC SAFETY AND LICENSING BOARD' Yc G.
Paul Bollwe'rk, III ADMINISTRATIVE JUDGE Rockville, Maryland November 27, 1998 3 This filing 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 ET 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 Memorandum and Order (Schedule for Telephone Conference and Directives Regarding Expedited Service) (Sept.
2, 1998) at 2-3 (unpublished).
Copies of this order were sent by Internet e-mail transmission this date to counsel for (1) the applicant Private Fuel Storage, L.L.C.;
(2) intervenors Skull Valley Band of Goshute Indians, Ohngo Gaudadeh Devia, Confederated Tribes of the Goshute Reservation, Castle Rock / Skull Valley, and the State; (3) petitioner SUWA; and (4) counsel for the NRC staff.
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d UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI l
l (Independent Spent Fuel Storage Installation) t l
CERTIFICATE OF SERVICE l
I hereby certify that copies of the foregoing LB ORDER APPROVING CHANGE 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 l
U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Consiission Washington, DC 20555 l
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 l
U.S. Nuclear Regulatory Consnission 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 l
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
l 4-Docket No.(s)72-22-ISFSI LB ORDER APPROVING CHANGE 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.
Richard E. Condit, Esq.
Confederated Tribes of the Goshute Land and Water Fund of the Rockies Reservation and David Pete 2260 Baseline Road, Suite 200 1385 Yale Avenue Boulder, CO 80302 Salt Lake City, UT 84105 Clayton J. Parr, Esq.
Danny Quintana, Esq.
Castle Rock, et al.
Skull Valley Band of Goshute Indians Parr, Waddoups, Brown, Gee & Loveless Danny Quintana & Assocs., P.C.
185 South State Street, Suite 1300 50 West Broadway, Fourth Floor 4
Salt Lake City, UT 84111 Salt Lake City, UT 84101 Richard Wilson Department of Physics Harvard University Cambridge, MA 02138 Dated at Rockville, Md. this 27 day of November 1998
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OfficeofthepcretaryoftheCommission l
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