ML20198C414
| ML20198C414 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 12/29/1997 |
| From: | Silberg J External (Affiliation Not Assigned), SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#198-18701 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9801070272 | |
| Download: ML20198C414 (5) | |
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6 December 29,1997 UNITED STATES OF AMERICA U
NUCLEAR REOULATORY COMMISSION 4,
%30g h Before the Atomic Safety and Licensing Board
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Docket No. 72 22
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(Private Fuel Storage Facility)
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ASLBP No. 97 732 02 ISFSI APPLICANT'S MOTION FOR LEAVE TO FILE RESPONSE TO STATE OF UTAH CONTENTIONS Z TilROUGli DD Applicant Private Fuel Storage L.L.C. pursuant to 10 C.F.R. 0 2.711 hereby requests leave to file answers to the State of Utah's Contentions Z through DD on or before January 6,1998. Applicant respectfully submits the following good cause for the filing of these answers.
On December 24,1997, Applicant filed its Answers to Petitioners' Contentions.
included in the filing were Applicant's answers to the State of Utah's Contentions A through Y. On December 26,1997, Applicant's counsel received a message from NRC Staff counsel inquiring about Applicant's responses to the State's Contentions Z through DD, Until that time, Applicant's counsel were unaware that the State had filed these -
additional contentions.
Applicant's counsel were unaware of Contentions Z through DD because the copy of the State's Contentions that was hand delivered to Applicant on November 23,1997 Illl If llIl l lllil'l l'll 9001070272 971229
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ended with Contention Y (page 160). Ite introduction to the State's filing did not state i
the number of contentions being filed or any information suggesting that Contention Y was not the last contention. Nor did we observe internal clues in the State's pleading alening us to the " missing" contentions.
The copy of the State's contentions which was served by mail (and received several days later) did include Contentions Z through DD. However, Applicant's counsel was unaware of this fact until the message from NRC Staficounsel. -When the mailed i
i version was received, Applicant's counsel had it filed without attempting to compare it with the hand delivered copy, assuming that the two were identical, ne disparity was not recognized during the course ofpreparir.g Applicant's answers to the cor' dons i
because all the intemal copies used by Applicant's counsel and counsel's staff had been duplicated from the hand de!!wred copy.
Counsel for the NRC Staff has informed Applicant's counsel that the NRC has no objection to the requested relief. Counsel for the State of Utah was informed of the request and indicated the need to further censider the request.
For reasons set forth above, Applicant respectfully requests leave to file answers 4
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If, S[lberg Er Paul A.Gaukler
~ SHAW, PITTMAN, POTTS &
TROWBRIDGE 2300 N Street. N.W.
Washington, D.C. 20037 (202) 663 8000 1
Counsel for Private Fuel Storage LLC.
Dated: December 29,1997 i
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i UNITED STATES OF AMERICA I
NUCLEAR REGULATORY COMMISSION b
b Before the Atomic Safety and I icensina Board s
y in the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72 22
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(Private Fuel Storage Facility)
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ASLBP No. 97 732-02 ISFSI CERTIFICATE OF SERVICE I hereby certify that copies of the Applicant's Motion for Leave to File Response to State of Utah Contentions Z through DD, dated December 29,1997, were served on the persons listed below (unless otherwise noted) by facsimile with confonning copies by U.S. mail, first class, postage prepaid, this 29* day of December 1997.
G. Paul Bollwerk 111, Esq., Chairman Dr. Jerry R. Kline Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 0001 Washington, D.C. 20555 0001 e mail: GPB@.nre. gov e mail: JRK@.ntc. gov Dr. Peter S. Lam
- Adjudicatory File Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 0001 Washington, D.C. 20555-0001 e mail: PSL@.nre. gov i
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Catherine L. Marco, Esq.
' Charles J. Haughney Sherwin E. Turk, Esq.
Acting Director, Spent Fuel Project Office Omce of the General Counsel Office of Nuclear Material Safety and Mail Stop O 15 B18 Safeguards-U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 e mail: SET @.ntc. gov-Denise Chancellor, Esq.
Jean Belille, Esq.
Assistant Attorney General Ohngo Gaudadeh Devia Utah Attomey General's Omcc Land and Water Fund of the Rockies 160 East 300 South,5* Floor 2260 Ba3eline Road, Suite 200 P.O. Box 140873 Boulder, Colorado 80302 Salt Lake City, Utah 84114 0873 e mail: landwater@lawfund.org e mail: dchancel@ state.UT.US-John Paul Kennedy, Sr., Esq.
Danny Quintana, Esq Confederated Tribes of the Ooshute Skull Valley Band of Goshute Indians Reservation and David Pete Danny Quintana & AssocbteA P.C.
1:485 Yale Avenue 50 West Broadway, Fourth Floor Salt Lake City, Utah 84105 Salt Lake City, Utah 84101 e mail: John @kennedys.org e mail: quintana @xmission.com Clayton J. Parr, Esq.
Omce of the Secretary Castle Rock, et al.
Attention: Rulemakings and Adjudications Parr, Waddoups, Brown, Gee & Loveless Staff-185 S. State Street, Suite 1300 U.S. Nuclear Regulatory Commission P.O. Box 11019 Washington, D.C. 20555 0001 Salt Lake City, Utah 84147 0019 e mail: CJR@pwlaw.com (Original and two copies)
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Diane Curran, Esq.
2001 S Street, N.W.
Washington,DC 20009
.e mail: dicurran@aol.com i
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- By U.S. mail only JgE.[ilberg
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