ML20198C218

Order (Granting Leave to File Response to Contentions & Schedule for Responses to late-filed Contentions).* Orders That Licensee Motion for Leave to File Response Granted. W/Certificate of Svc.Served on 971231

ML20198C218
Person / Time
Site:	07200022
Issue date:	12/31/1997
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, UTAH, STATE OF
References
CON-#198-18708 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9801070222
Download: ML20198C218 (4)

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o DOCKETED UNITED-STATES OF AMERICA-  ;

USNRC-NUCLEAR: REGULATORY COMMISSION-ATOMIC SAFETY AND_ LICENSING BOARD- W KC 31 A8146 Before Administrative Judges:

OFFU OF SECREMhY G. Paul Bollwerk, III,-Chairman = fihp f

1 Dr., Jerry R. Klino-Dr. Peter S. Lam LIn the Matter of Jocket No. 72-22-ISFSI-PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI ,

-(Independent Soent Fuel December 31, 1997 t

Storage. Installation)

SERVED E3.11997 ORDER (Granting Leave to File Response to contentions and Schedule for Responses to Late-Filed Contentions! ,

Upon consideration of (1) the December 23, 1997 request of the State of Utah (State) for consideration of late-filed Contentions EE and FF; and (2) the Decembe.r 29, 1997 motion of applicant Private Fuel Storage, L.L.C. (PFS), for leave to file a response to State Contentions Z through DD, to which the State has advised the Licensing Board it will make no response, it is ORDERED, that responses to the State's late-filed cor.tentions pleading shall-be. filed on or-before Friday.

Januarv 9. 1998, and'it is FURTHER_ ORDERED, that the--PFS motion for leave to.iile

a response to State Contentions Z through DD is granted and llLillilli

• • • ' lill'ill 9001070222 971231 2 POR ADOCK 072 3 909'

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that its response shall be filed on or before Tuesday.

Januarv 6.

- 1998; and_it;is FURTHER OR')ERED,-that the PFS response to State Contentions Z through DD and any response to the State's late-filed centention pleading that does not include proprietary information shall 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EST) on the day of filing, agg Licensing Board Memorandum and Order (Initial Prehearing Order) (Sept. 23, 1997) at 5-6 (unpublished); Licensing Board Memorandum and Order (Additional Guidance on Service Procedures) (Nov. 19, 1997) (unpublished); and it is FURTHER ORDERED, that any response to the State's late-filed contention pleading that includes proprietary L

information shall (1) be served in the manner and on the individuals described in paragraphs I.H-1.a.-b. of the l

Board's December 17, 1997 memorandum and order, as amended, and include a cover letter or memorandum that shall served on all other participants as described in paragraph I.H.2.

I i of thet issuance, agg Licensing Board Memorandum and Order i

(Protective Order and Schedule for: Filing Security Plan 2

In addition, any future pleading regarding the State's late-filed contentions that includes proprietary information shall be served using the procedures referenced above.

. - .. . . - . _ - - - . - - - - - - - - . . . . ~ . . . . -

O Contentions) (Dec. 17, 1997)-at 8, 9 (unpublished) ;

Licensing Board Memorandum and Order (Additional Amendments ,

to' Protective Order) 'Dec. 23, 1997) at 2 (unpublished) ; . (2) be served so as ensure receipt by the. individuals described in paragraph I.H.1.a. of the Board's December 17, 1997 memorandum and order by the next businers day; and (3) include in the accompanying cover letter or memorandum advice to the Board about whether the participant anticipates that any oral argument concerning the late-filed contentions at the prehearing conference now scheduled for the week of January 26, 1998, would involve discussing proprietary information so as to require an in camera session.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 3

/ . _t h Mw k i G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland December-31, 1997 2

Copies of-this 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 Gobhute 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 NRC staff by e-mail through the agency's wide area network system.

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UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION R In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI J l

(Independent S ent Fuel Storage i Installation CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING LEAVE...)

have been served upon the following persons by U.S. mail, first class;, e):capt -

as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge i Office of Comission Appellate G. Paul Bo11werk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 2055E Administrative Judge Administrative Judge Jerry R. Kline Peter S. 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 & Spielborg Mail Stop 15 B18 2001 S Street, N.W., Saite 430 U.S. Nuclear Regulatory Ccmission Washington, DC 20009 Washington, DC 20555 Denise Chancellor, Esq.

Assistant Attorney General Jay E. Silberg, Esq.

Utah Attorney General's Offico Shaw, Pittman, Potts and Trowb.idge 160 East 300 South, 5th Floor 2300 N Street, NW P.O. Box 140873 Washington, DC 20037 Salt Lake City, UT 84114

l' Docket No.(s)72-22-ISFS! l LB ORDER (GRANTING LFAVE...)

John Paul Konriedy, Esq. Jean' Belille. Esq.

Confederated Tribes of the Goshute Ohngo Gaudadeh Devia Reservation and David Pete Land and Water Fund of the Rockies 1385 Yale Avenue 2260 Baseline Road, Suite 200-Salt Lake city, UT 84106 Boulder, CO 80302 Clayton J. Parr, Esq. Danny Quintant, 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 Broadway, Fourth Floor Salt Lake City, UT 841:1 Salt Lake city, UT 84101 Dated at Rockville, Md. this 31 day of December 1997 Office of the SecrWtary of tif6 Comission