ML20197B197

Memorandum & Order (Request for Info Re Contentions Involving Proprietary & Safeguards Matl).* Requests That Pfs,State & NRC Staff Take Listed Actions Prior to 980318. W/Certificate of Svc.Served on 980309

ML20197B197
Person / Time
Site:	07200022
Issue date:	03/09/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), UTAH, STATE OF
References
CON-#198-18853 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9803100214
Download: ML20197B197 (7)

Text

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UNITED STATES OF AMERICA 00CKETED NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY AND LICENSING BOARD

'Q8 WR -9 All :43 Before Administrative Judges:

G. Paul Bollwerk, III, Chairman ... ,m Dr. Jerry R. Kline Op AC)3b[, a( i, ,J Dr. Peter S. Lam SERVED m : 91998 In the Matter of Docket No. 72-22-ISFSI ,

PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel March 9, 1998 Storage Installation) l l

l MEMORANDUM AND ORDER (Request for Information Regarding Contentions Involving Proprietary and Safeguards Material) i By letter dated March 2, 1998, the Licensing Board was advised by applicant Private Fuel Storage, L.L.C. (PFS) of the agreements reached with petitioner State of Utah (State or Utah) in connection with the language of the State's two late-filed contentions (Utah EE and Utah GG) on cask-pad seismic stability and certain of the State's nine contentions (Utah Security-A through Utah Security-I) concerning the physical security plan for PFS's proposed Skull Valley, Utah facility. Relative to these State contentions that involve nonpublic safeguards and proprietary information, the Board requests that on or before Wednesday. March 18, 1998, PFS, the State, and the NRC staff take the following actions:

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A. PFS and the State, in consultation with the NRC staff, should advise the Board whether the language of all or portions of Utah EE and Utah GG, as revised, can be set forth in publicly available Board issuances without violating any applicable confidentiality agreements et the staff's February 12, 1998 finding under 10 C.F.R. 5 2.790, a l

copy of which was provided to the Board for the record. In addition, on or before that date the State and/or PFS should provide the Board and the office of the Secretary with one copy of the proprietary and nonpropr.4etary (i.e., redacted) versions of the PFS Proprietary Calculation Package that are cited by the participants as relevant to the admissibility of Utah EE and Utah GG.2 It is the Board's understanding from the pleadings that this includes portions of Volumes III and IV of the PFS Proprietary Calculation Package, including Holtec Seismic Report HI-971631, Multi-Cask Seismic Response to the (PFS) ISFSI (May 19, 1997); Sierra Nuclear Report No. PFS01-10.02.04, Soil-Structure Interaction Analysis for Evaluation of Trandtor* Storage Cask (Seismic] Stability (July 24, 1997);

and Sierra Nuclear Report No. PFS01-10.02.05, TranStor' 2

Although the office of the Secretary may wish to acknowledge receipt of this material, given that the nonproprietary version of the PFS Calculation Package apparently is otherwise publicly available, agg Letter from Sherwin Turk, NRC Staff Counsel, to Licensing Board, encl.

at 1 (Feb. 17, 1998), it is not necessary to serve the nonproprietary version on the other participants to this proceeding.

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Storage Cask Seismic Stability Analysis for PFS Site (July 24, 1997).

B. The staff, in consultation with PFS and the State, should advise the Board whether all or any portions of the language of Utah security-A through Utah security-I, as revised, can be set forth in publicly available Board issuances without violating any applicable strictures of 10 C.F.R. Part 73 concerning the confidentiality of safeguards information.

C. If they have not already done so, PFS, the State, and the staff nhould provide the Board with electronic versions of all pleadings they have filed relative to the State's late-filed cask-pad seismic stability and_ physical security plan contentions. If these pleadings involve proprietary or safeguards information, they should be provided on 3.5 inch diskettes or CD-ROMS transmitted in accordance with previous Board directives regarding transmittal of sensitive information in electronic format.

E2m Licensing Board Memorandum and Order-(Protective Order and Schedule for Filing Security Plan Contentions) (Dec. 17, 1997) at 8 n.8 (unpublished) (hereinaf ter Protective Order) .

Filings concerning proprietary materials should be placed on separate diskettes or CD-ROMS from those involving safeguards information and should be marked accordingly.

D. With the exception of the proprietary and nonproprietary PFS Proprietary Calculation Package materials

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described in paragraph A above, the filings required or permitted under paragraphs A and B of this memorandum and 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 close of business (4 :30 p.m. EST) on the day of filing. Eng 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). The proprieta'y r and nonproprietary PFS Proprietary Calculation Package materials described in paragraph A above should be served on the Board and the Of fice of the Secretary (1) in the manner described in paragraph I.H.1.b. of the Board's December 17, 1997 memorandum and order, as amended, and include a cover letter or memorandum that shall be served on all other participants as described in paragraph I.H.2. of that issuance, aan Protective Order at 8, 9; Licensing Board Memorandum and Order (Additional-Amendments to Protective Order) (Dec. 23,

! 1997) at 2 (unpublished) ; and (2) so as ensure receipt by

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. 5-the Board and the Office of the Secretary by the next business day.

It is so ORDERED. j l

FOR THE ATOMIC SAFETY AND LICENSING BOARD 8 h.PaulPa Odt~t , ac G. Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland March 9, 1998 8

Copies of this memorandum and order were sent this date to counsel for the applicant PFS, and to counsel for petitioners Skull Valley Band of Goshute Indians, Scientists for Secure Waste Storage, Ohngo Gaudadeh Devia, Confederated Tribes of the Goshute Reservation and David Pete, Castle Rock Land and Livestock, L.C., et al., and the State by Internet e-mail transmission;.and to counsel for the staff by e-mail through the agency's wide area network system.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE, LLC I Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O-REQ. FOR INFORMATION...

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 i

Mail Stop - T-3 F23 Mail Stop - T-3 F23 I 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 Comission Washington, DC 20009 Washington, DC 20555 Denise Chancellor Esq.

Martin S. Kaufman, Esq. Assistant Attorney General Atlantic Legal Foundation Utah Attorney General's Office 205 E. 42nd St. 160 East 300 South, 5th Floor New York, NY 10017 P.O. Box 140873 Salt Lake City, UT 84114

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DocketNo.(s)12-22-ISFSI LB M60-REQ. FOR INFORMATION...

1 Jay E. Silberg, Esq. John Paui Kennedy, Esq.

Shaw, Pittman, Potts and Trowbridge Confederated Tribes of the Goshute 2300 N Street, NW Reservation and David Pete Washington, DC 20037 1385 Yale Avenue I

Salt Lake City, UT 84105 Jean Belille. Esq. Clayton J. Parr, Esq.

Ohngo Gaudadeh Devin Castle Rock, et al.

Land and Water Fund of the Rockies Parr, Waddoups, Brown, Gee & Loveless 2260 Baseline Road, Suito 200 185 South State Street, Suite 1300 Boulder, CO 80302 Salt Lake City, UT 84111 Danny Quintana, Esq. Richard Wilson Skull Valley Band of Gosnute Indians Department of Physics Danny Quintana & Assocs., P.C. Harvard University 50 West Broadway Fourth Floor Cambridge, MA 02138 Salt Lake City, UT 84101 Dated at Rockville, Md. this 9 day of March 1998 DTTice orthe Secretty of ThetComission

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