ML20196K510
| ML20196K510 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 07/01/1999 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#399-20619 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9907090037 | |
| Download: ML20196K510 (6) | |
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00CKETED USMPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 99 JUL -6 P4:05 BEFORE THE ATOhilC SAFETY AND LICENSING BOARD v
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In the Matter of:
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Docket No. 72-22-ISFSI
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PRIVATE FUEL STORAGE, LLC
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ASLBP No. 97-732-02-ISFS1 (Independent Spent Fuel
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Storage Installation)
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July 1,1999 i
STATE OF UTAH'S RESPONSE TO APPLICANT'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTIONS UTAH SECURITY-A AND SECURITY-B AND PARTIAL
SUMMARY
DISPOSITION OF CONTENTION UTAH SECURITY C On June 11, the Applicant filed a Motion for Summary Disposition on all of Utah Security A and Security B and for Partial Summary Disposition on Utah Security-C. PFS bases its Motion entirely on the proposition that the Tooele County Commission has passed the necessary resolution approving Tooele County's entry into a Cooperative Law Enforcement Agreement ("CLEA" or " Agreement") among Tooele County, the Bureau ofIndian Affairs and the Skull Valley Band of Goshute Indians.
The County Commission's Resolution only approves the County's entry into the Agreement; it does not define the scope or applicability of the Agreement.
The basis for the Board admitting Utah Security-A, Security-B and part of Security-C was whether "the purported failure of Tooele County to approve properly a June 1997 cooperative agreement that provides the Tooele County Sheriff's office with law enforcement authority on the Skull Valley Band reservation precludes the 9907090037 990701 0
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county sheriff's office from fulfilling its designated role as the LLEA [ local law enforcement agency] for the PFS facility." Memorandum and Order (Granting Motion for reconsideration) dated August 5,1998 at 14.
The Board also admitted Security-C on the following basis:."PFS has not adequately described the estimated response times for the Tooele County sheriff's office as the principal LLEA relied upon for security assistance at the PFS facility." Id.
1 at.14. This portion of Security-C is not subject to the Applicant's June 11 Motion for l
Partial Summary Disposition.
l It is important to note what is not contained in the Applicant's Motion. The fact that the Tooele County Commission may have approved entry into an CLEA agreement does not determine whether the Tooele County Sheriff has any obligation to respond to incidents at the proposed PFS Skull Valley storage facility. Nor does the resolution determine the scope, applicability or response capability of the Tooele County Sheriff as it relates to the proposed PFS facility. There is nothing in the record -
to support reliance by PFS on law enforcement assistance from the Tooele County Sh'eriff. To the contrary, a letter from the Tooele County Attorney, Douglas J.
Ahlstrom, to Dianne R. Nielson, dated December'2,1998, opined that "at the time the j
CLEA was signed there was no discussion or contemplation that Private Fuel Storage would be part of the agreement. Moreover, the county has not yet entered into any agreement that has any bearing on is cting the PFS storage facility on the reservation."
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i; Sec Exhibit 2 to State of Utah's Motion to Amend Security Contentions dated
. December 17,1998. The State is unaware of any agreement between Tooele County and PFS that obligates the County to provide law enforcement assistance to the PFS facility, which is located on an Indian reservation.
The State notes that the Staff has refused to recognize the very real potential that the Tooele County Sheriff will not provide law enforce assistance to the proposed -
PFS facility. The State is dismayed that NRC would place form over substance and pronounce from its confines in Washington D.C. that the citizens of the State of Utah will be protected because of the Staff's interpretation of a contract, which interpretation is diametrically opposed to that of one of the contracting parties, i.e. the
- Tooele County Attorney. If PFS had chosen to locate on non-Indian reservation c
lands, the issue oflaw enforcement coverage would not be in dispute. While, PFS 's choice oflocation may have some benefits to it in terms of zoning, lack oflocal regulation, and the like, it also has some drawbacks; and one of those drawbacks is that the State and local government are not obligated.. provide law enforcement on an
. Indian reserntion. The Staff can easily rectify the concerns raised by the State by l
insisting on a written agreement or understanding between Tooele County and PFS, that proves that PFS has " documented liaison with a LLEA" as required by 10 CFR $
73.51(d).
i The State submits that to the extent that the Board grants the Applicant's 3
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. Motion for Summary Disposition on Security A, Security-B, and part of Security-C,it has no bearing on the response times for the Tooele County Sheriff's office to provide security assistance at the PFS facility. Nor will action by the Board on this Motion mean that the Tooele County Sheriff's office will, in fact, act as the principal LLEA to the PFS facility.
DATED this 1st day of ly,1999.
7 Respec ully submitted, f
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Denise Chancellor, Assistant 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 1
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DOCKETED UStmc CERTIFICATE OF SERVICE 99 JUL -6 P 4 :05 1 hereby certify that a copy of STATE OF UTAH'S RESPONSE TO APPLICANT'S MOTION FOR
SUMMARY
DISPOSITION OF CONTEh0NS ADL UTAH SECURITY-A AND SECURITY-B AND PARTIAL
SUMMARY
DISPOSITION OF CONTENTION UTAH SECURITY-C was served on the persons listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 1st day of July,1999:
Rulemaking & Adjudication Staff Dr. Peter S. Lam Secretary of the Commission Administrative Judge U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington D.C. 20555 U. S. Nuclear Regulatory Commission E-mail: hearingdocket@nrc. gov Washington, DC 20555 (originaland two copies)
E Mail: psl@nrc. gov G. Paul Bollwerk, III, Chairman Sherwin E. Turk, Esq.
AdministrativeJudge Catherine L. Marco, Esq.
Atomic Safety and Licensing Board Office of the General Counsel U. S. Nuclear Regulatory Commission Mail Stop 15 B18 Washington, DC 20555 U.S. Nuclear Regulatory Commission E-Mail: gpb@nrc. gov Washington, DC 20555 E-Mail: set @nrc. gov Dr. Jerry R. Kline E-Mail: clm@nrc. gov Administrative Judge E-Mail: pfscase@nrc. gov l
Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Jay E. Silberg, Esq.
Washington, DC 20555 Ernest L. Blake,Jr.
E Mail: jrk2@nrc. gov Shaw, Pittman, Potts & Trowbridge E-Mail: kjerry@erols.com 2300 N Street, N. W.
Washington, DC 20037-8007 E-Mail: Jay _Silberg@shawpittman.com E-Mail: ernest _blake@shawpittman.com E-Mail: paul _gaukler@shawpittman.com 5
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l John Paul. Kennedy, Sr., Esq.
Danny. Quintana, Esq.
j 1385 Yale Avenue Danny Quintana & Associates, P.C.
Salt Lake City, Utah 84105 -
68 South Main Street, Suite 600
> E-Mail: John @kennedys.org Salt Lake City, Utah 84101 E-Mail: quintana @xmission.com
- Richard E. Condit, Esq.
Land and Water Fund of the Rockies James M. Cutchin 2260 Baseline Road, Suite 200 ~
Atomic Safety and Licensing Board Boulder, Colorado 80302 ~
' Panel
~ E Mail: rcondit@lawfund.org U.S. Nuclear Regulatory Commission 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
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Salt Lake City, Utah 84109 Office of the Commission Appellate
- E-Mail:' joro61@inconnect.com
. Adjudication Mail Stop: 16 G-15 OWFN U. S. Nuclear Regulatory Commission -
Washington, DC 20555 (UnitedStates mailonly) 4 l
l son DeriEChancel#
Assistant Attorney General j
State of Utah -
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