ML20197D569

NRC Staff Motion for Extension of Time to File Response to Contentions & Supplemental Petitions.* Pursuant to 10CFR2.730 NRC Staff Requests two-day Extension of Time for Filing of Response to Contentions.W/Certificate of Svc

ML20197D569
Person / Time
Site:	07200022
Issue date:	12/16/1997
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#497-18672 ISFSI, NUDOCS 9712290085
Download: ML20197D569 (5)

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YI $cN er A10:26 161997 UNITED STATES OF AMERICA OFFICl CC MCtE!*

NUCLEAR REGULATORY COMMISSIOBUI.WWiN AUJUDICA"M , aND FAFF IlEFORE Tile ATOMIC SAFETY AND LICENSING BOARD in the Matter of )

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PRIVATE FUEL STORAGE, LLC .) Docket No. 72-22 ISFSI

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(Independent Spent )

- Fuel Storage Installation) )

NRC STAFF'S MOTION FOR

. EXTENSION OF TIME TO FILE RESPONSE TO CONTENTIONS AND SUPPLEMENTAL PETITIONS Pursuant to 10 C.F.R. I 2.730, the NRC Staff (" Staff") hereby requests a two-day extension of time in which tu file its response to the Petitioners' contentions and supplemental petitions for leave to intervene in this proceeding. In support of this request, the Staff states as follows:

1. On October 15, 1997, the Confederated Tribes of the Goshu"e R:servation and David Pete (" Confederated Tribes") filed a " Supplemental Memorandum" in support of their petition for leave to intervene. The Staff's response to this Supplemental Memorandum is required to be filed on or before December 22,1997, in accordance with the Licensing Board's Memorandum and Order of October 24,1997.1

2. On October 17,1997, the Licensing Board granted the State of Utah's motion for an extension of time in which to file contentions, such that the date for filing cmtentions was 8

" Memorandum and Order (Schedule for Prehearing Conference / Site Visit and

' Responses to Supplemental Petition)," dated October 24,1997, at 2.

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I extended until November 24, 1997. In accordance with this revised schedule, on or about November 24, 1997, the Petitioners filed a total of about 80 contentions which they seek to litigate in this proceeding. In accordance with the Licensing Board's Memorandum and Order of October 17,1997, the Staff is currently required to file and serve its response to contentions on Monday, December 22, lh'.'

3. The large number of contentions and materials submitted therewith has required a considerable amount of time for the Staff to evaluate and address in its response thereto. In addition, other responsibilities of S'sff Counsel during this time period, including the preparation and circulation for comment of a proposed protective order as directed by the Licensing Board, has required some diversion of time from the task of responding to contentions. Accordingly, the Staff anticipates that it will require an additional period of two days to complete and file its response to contentions and to the Confederated Tribes' Supplemental Memorandum.

4. Staff Counsel has contacted Counsel for the other parties, who indicated as follows: (a) Counsel for Private Fuel Storage L.L.C. (the " Applicant") supports the Staff's Motion, provided the Applicant receives a similar ettension of time to file its response to contentions; (b) Counsel for the State of Utah, Ohngo Gaudadeh Devia, Cast!e Rock Land and Livestock, L.C., et al., and the Skull Valley Band of Goshutes do not oppose this request; and (c) the Staff has attempted without success to contact Counsel for the Confederated Tribes, and is therefore unable to state his position with respect to this request.

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" Memorandum and Order (Ruling on Motions to Suspend Proceeding and for Extension of Time to File Contentions)," dated October 17,1997, at 11.

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5. Ia the event this Motion is granted, the Staff will serve on the Licensing Board-and parties electronic copies of its response to contentions and to the Confederated Tribes'-

Supplemental Memorandum,' via E-mail, on Wednesday, December 24,1997. Also on that date, the Staff will Glc and serve copies of its resnonse to all persons on its service list for this proceeding, via internal NRC mail or U.S. Mail, Orst class, as required by the Licensing Board's established procedure for service of documents in this proceeding.

6. On December 16,1997, Staff Counsel telephoned the Licensing Boaid Chairman

. and informed him of this request.

WIIEREFORE, the Staff hereby requests a two-day extension of time, until December 24,1997, for the filing of its response to contentions and to the Confederated Tribes' Supplemental Memorandum. .

Respectfully submitted,

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Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 16th day of December ~997

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00CKETED UNITED STATES OF AMERICA USqqc NUCLEAR REGULATORY COMM13SION llEFORE Tile AIOMIC SAFETY AND LICENSEO NAND #0 26

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In the Matter of ) Oth.L ,- ~

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PRIVATE FUEL STORAGE, LL.C. ) Dochthb. 72 22 ISFSI

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(Independent Spent )

Fuel Storage Installation) )

CERTiflCATE OF SERVICE 1 hereby certify that conies of "NRC STAFF'S MOTION FOR EXTENSION OF TIME TO FILE RE ,PONSE TO CONTENTIONS AND SUPPLEMENTAL PETITIONS" in the above ,:aptioned proceeding have been served on the following through deposit in the Nuclear R:gulatory Commission's internal mail system (with E mail copies as indicated);

' r by deposit in the United States mall, first class, as irulicated by an asterisk this 16th day o

of Decetaber,1997:

Office of the Secretary G. Paul Bollwerk, III, Esq., Chairman ATTN: Rulemakings and Adjudications Administrative Judge Staff Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to GPB@NRC. GOV)

Dr. Pet:r S. Lam Administrative Judge Dr. Jerry R. Kline Atomic hfety and Licensing Board Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, I'C 20555 U.S. Nuclear Regulatory Commission (F mail copy to PSL@NRC. GOV) Washington, DC 20555 (E-mail copy to JRK2@NRC. GOV)

James M. Cute:.in, V Atomic 5' my and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission (by E-mail to JMC3@NRC. GOV) Washington, DC 20555

.. 2-Office of the Commission Appellate Danny Quintana Esq.*

Adjudication Danny Quintana & Associates, P.C.

Mail Stop: 16 015 OWFN 50 West Broadway U.S. Nuclear Regulatory Commission Fourth Floor Washington, DC 20555 Salt Lake City, UT 84101 Jay E. Silberg, Esq.* Denise Chancellor, Esq.*

SilAW, PITTMAN, POTTS & Fred G. Nelson, Esq.

TROWBRIDGE 160 East 300 South,5th Floor 2300 N Street, N.W P.O. Box 140873 Washington, DC 20037-8007 Salt Lake City, Utah 84114-0873 Jean Belille, Esq,* Connie Nakahara Esq.*

Land and Water Fund of the Rockies Utah Dept. of Environmental Quality 2260 Bareline Road, Suite 200 168 North 1950 West Boulder, CO 80302 P.O. Box 144810 Sr.it 12ke City, UT 84114-4810 Clayton J. Parr, Esq.*

KIMBALL, PARR, WADDOUPS, Diane Curran Esq.*

BROWN & GEE Ilarmon, Curran & Spielberg 185 S. State St., Suite 1300 2001 "S" Street, N.W.

P.O. Box 11019 Suite 430 Salt Lake City, UT 84147-0019 Washington, D.C. 20009 John Pau! Kennedy, Sr., Esq.*

1385 Yale Ave, Salt Lake City, Utah 84105

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Sherwin E. Turk Counsel fc,t NRC Staff

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