ML20197D715

Memorandum & Order (Addl Amends to Protective Order).* Applicant & Petitioner Should Be Informed of Addl Access Location by Counsel for Participant of Nondisclosure Affidavit.W/Certificate of Svc.Served on 971223

ML20197D715
Person / Time
Site:	07200022
Issue date:	12/23/1997
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, UTAH, STATE OF
References
CON-#497-18688 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9712290112
Download: ML20197D715 (5)

Text

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l n UNITED STATES-OF AMERICA 3 NUCLEAR REGULATORY COMMISSION ATOMIC-CAFETY AND. LICENSING BOARD '97 EC 23 P1 :24 Before Administrative Judges':

OFFICE OF SECEI ARY G. Paul Bollwerk, III, Lhairman RULEMGM3 AND Dr. Jerry R. Kline ADJUDiCA1!ONS STAFF Dr. Peter S. Lam In-the Matter of- Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Inderandent Spent Fuel December 23, 1997 Storage Installation)

SERVED DEC 2 31997 MEMORANDUM AND ORDER (Additional Amendments to Protective Order)

The Board hac before it the December 22, 1997 pleading L

"NRC Staff's Comments in Response to Mecorandum and Order (Protective Order and Schedule for Filing Security Plan Contentions)." In that filing, the NRC staff suggests several revisions to the Licensing Board's December 17, 1997 protective order and the attached nondisclosure affidavit that permit access to the physical security plan for the proposed facility of applicant Prive*e Fuel Storage, L.L.C.

(PFS). The staff represents that PFS and petitioner State of Utah.(State), the other participants impacted by the protective order, have no objection to these revisions. In addition, relative to the Board's December 22, 1997 memorandum and order regarding the use of commercial overnight delivery services to. transmit protected lll I.ll!h..ll.Ul.lI.ll.I i

. ll 9712290112 971223 PDR ADOCK 07200022 C PDR

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information, the Board has now been advised that, after further consideration, the NRC Division of Security does not object to the use of such services.

Accordingly, the Board's December 17, 1997 memorandum and order and the nondisclosure affidavit form appended as Attachment A thereto are amended as follows:

1. Ir; the memorandum and order, on page five, line three of footnote five is revised to read: "Esq.) or the State (including William J. Sinclair and Denise Chancellor, Esq.) are".

2. In the memorandum and order, on page eight, paragraph I.H.1.b. is revised to read:

"b. by (i) United States first class, registered, express, or certified mail, (ii) internal NRC mail, (iii) messenger-enurier or overnight delivery service (e.g., z Federal Express), or (iv) personal delivery by an individual who otherwise is authorized access pursuant to 10 C.F.R.

S 73.21(c) or an order issued by the Licensing Board or the Commissic- in this proceeding; and".

3. On page three of Attachment A to the memorandum and order, paragraph 5 (a) (iii) is revised tu read: "(iii) an office to be provided by the Applicant or its contractor, Stone & Webster Engineering Corp., in Washington, D.C.,

and/or Denver, Colorado."

The Board notes that, in accord with the second revision above, participants are authorized to use either

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United States Postal Service Express Mail Service or commercial overnight delivery services such as Federal Express for next day' delivery-of materials containing protected information. The Board further notes that because the th,ird revision provides an additional protected informatior access location, those who already'have submitted a nondisclosure affidavit need not submit a revised affidavit. They should, however, be informed of the additional access location by counsel for the participant on whose behalf they executed the nondisclosure affidavit.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD *

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G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland December 23, 1997 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, 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.

UNITED STATES OF AMERICA

-NUCLEAR REGULATORY COMMISSION

-In the Matter ~of PRIVATE FUEL STORAGE, LLCL Docket No.(s) 72-22-ISFSI;

- (Independent Spent Fuel Storage 1 -Installation);

CERTIFICATE OF SERVICE I hereby c;. Oify that copies of the foregoing LB M&O (ADD'l AMEN 0MENTS...)

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 Bo11werk, III, Chairman

_ Office of Commissien Appellate .G. Paul 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 5. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 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 Mail: Stop 15- B18 2001-S Street, N.W., Suite 430

. U.S. Nuclear Regulatory Commission -Washington, DC 20009 Washington,.DC 20555 Denise _ Chancellor, Esq.

' Assistant: Attorney General- . Jay E. Silberg, Esq.

Utah: Attorney Genersi's Office Shaw, Pittman, Potts and Trowbridge 1160 East. 300: South, . 5th Floor 2300 N Street, NW Washington, DC_ 20037 P.O. Box 140873 Salt Lake City,^UT- 84114

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Docket No.(s)72-22-ISFSI .

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'L8 M40.(ADD.'L AMENDMENTS...)-

John-Paul -

Kennedy, Esq.. - Joani Belille, Esq.

Ohngo Gaudadeh Devia t'

~ Confederated Tribes 9f.tne Goshute Land-and Water Fund of the Rockies- l Reservation and David Pete 1385 Yale Avenue 2260 Baseline Road, suite 200 ,

Salt Lake' City, UT .84105 Boulder, C0 .80302 Clayton J. farr, 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 Brordway, Fourth Floor

' Salt Lake City, UT; 84111 Salt Lake City, UT 84101 Dated at Rockville, Md. this ,

23.. day of December 1997 ,

D Tfce of the Secrethry of the"Comission .

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