ML20196J757
| ML20196J757 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 12/07/1998 |
| From: | Gaukler P AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#498-19788 ISFSI, NUDOCS 9812110016 | |
| Download: ML20196J757 (5) | |
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DOCKETED USW.C December 7,1998 UNITED STATES OF AMERICA
'98 DEC 10 P3 :51 NUCLEAR REGULATORY COMMISSION CF Before the Atomic Safety and Licensine Board Ek.
ADJt1 j
In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72-22
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(Private Fuel Storage Facility)
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ASLBP No. 97-732-02-ISFSI APPLICANT'S RESPONSE TO STATE OF UTAH'S REQUEST FOR EXTENSION OF INFORMAL DISCOVERY PERIOD Applicant Private Fuel Storage L.L.C. (" Applicant" or "PFS") hereby submits its response to the " State of Utah's Request for Extension ofInformal Discovery Period,"
dated December 1,1998. As the Board knows based on the Staff s letter ofNovem-ber 24,1998 to the Board and the parties, the Staffintends to send a second round of Re-quests for Additional Information (RAIs) to the Applicant which will include questions that relate to issues raised in both the Group I and Group II contentions as categorized by the Board for hearing. The Staff states in its letter that its statement.of a final position on those contentions having related RAls is "likely to require prior receipt and review of the Applicant's responses to the RAls." Thus, while the Staff expects to state a position on "some Group I and Group II contentions by the dates established under the current sched-ule, its position on many other Group I and Group II contentions will need to be deferred until the Staff hu received and reviewed the Applicant's responses to RAIs."
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9812110016 981207 PDR ADOCK 07200022 l
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l Based on discussion with counsel for the Staff, Applicant understands that the i
j Staff would be in a position to go to hearing with respect to only one or two of the con-l
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tentions currently scheduled for hearing in August (although some others might be sub-ject to summary disposition on legal grounds). Although certainly desirous of a hearing i
l in August, Applicant does not believe that it is worthwhile to hold a hearing forjust one l
l or two issues. Rather, it would make more sense to postpone any hearing until a greater number of the contentions can be heard and decided.
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Counsel for the Applicant has discussed this matter with counsel for both the Staff and the State and they are in general agreement that the August hearing should be post-poned until a greater number of the contentions can be heard. Counsel are currently dis-cussmg among themselves what alternate schedule might be reasonable given the present i
status of the Staff's review and intend to be m a position to propose jointly, at the pre-
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l hearing conference scheduled for this Friday, a revised schedule for the Board's consid-eration.
Accordingly, counsel believe that any extension of discovery should be consid-ered in light of the overall revision to the schedule. In this regard, counsel for the State 1
has authorized Applicant to say that the State does not require or request Board resolution i
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i ofits motion outside of or prior to the Board's consideration of the overall scheduling is-sues discussed above.
Respectfully submitted, k
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Jay E. Silberg l
Ernest L. Blake, Jr.
Paul A.Gaukler j'
SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.
l Washington, DC 20037
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l (202) 663-8000 Dated: December 7,1998 Counsel for Private Fuel Storage L.L.C.
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DOCKETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'96 DEC 10 F 3 :51 Before the Atomic Safety and Licensing Board O(g) 4 m ADM);L J
'AFF 1
In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72-22
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i (Private Fuel Storage Facility)
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ASLBP No. 97-732-02-ISFSI
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CERTIFICATE OF SERVICE i
I hereby certify that copies of the " Applicant's Respcase to State of Utah's Request for Extension ofInformal Discovery Period" were served on the persons listed below (unless other-wise noted) by e-mail with conforming copies by U.S. mail, first class, postage prepaid, this 7th day of December 1998.
G. Paul Bollwerk III, Esq., Chairman Ad-Dr. Jerry R. Kline ministrative 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 e-mail: GPB?!nrc.cov e-mail: JRK2@nrc. gov Dr. Peter S. Lam
- Adjudicatory File Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission i
U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 e-mail: PSLfa'nrc. gov j
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Catherine L. Marco, Esq.
- Charles J. Haughney Sherwin E. Turk, Esq.
Acting Director, Spent Fuel Project Office Office of the General Counsel Office of Nuclear Material Safety and Mail Stop O-15 B18 -
Safeguards U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 e-mail: pfscase@nrc. gov Denise Chancellor, Esq.
Joro Walker, Esq.
Assistant Attorney General Land and Water Fund of the Rockies Utah Attorney General's Office 165 South Main, Suite 1 i
160 East 300 South,5* Floor Salt Lake City, UT 84111 P.O. Box 140873 e-mail: joro61@inconnect.com Salt Lake City, Utah 84114-0873 e-mail: dchancel@ state.UT.US John Paul Kennedy, Sr., 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, Utah 84105 e-inail: rcondit@lawfund.org e-mail: john @kennedys.org Clayton J. Parr, Esq.
Danny Quintana, Esq.
Castle Rock, et al.
Skull Valley Band of Goshute Indians Parr, Waddoups, Brown, Gee & Loveless Danny Quintana & Asseiates, P.C.
I85 S. State Street, Suite 1300 50 West Broadway, Fourth Floor P.O. Box 11019 Salt Lake City, Utah 84101 Salt Lake City, Utah 84147-0019 e-mail: quintana @xmission.com e-mail: karenj@pwlaw.com i
Diane Curran, Esq.
Office of the Secretary Harmon, Curran, Spielberg &
U.S. Nuclear Regulatory Commission Eisenberg, L.L.P.
Washington, D.C. 20555-0001 2001 S Street, N.W.
Attention: Rulemakings and Adjudications Washington, D.C. 20009 Staff e-mail:Deurran.HCSE@zzapp.org e-mail: HEARINGDOCKET@NRC. GOV (Original and two copies)
- By U.S. mail only l
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l Paul A.Gaukler l