ML20198D354
| ML20198D354 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 12/30/1997 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#198-18713 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9801080197 | |
| Download: ML20198D354 (3) | |
Text
/f7/3 a
00CMETED USNRC I
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION D JAN -5 A10:38 BEFORE THE ATOMIC SAFETY AND LICENSING (BGARD)g ggypg*
,RULever:iw y n g
)-
- sAHU % STAFF In the Matter of:
)
Docket No. 72 22-ISFSI
)
PRIVATE FUEL STORAGE, LLC
)
ASLBP No. 97 732-02 ISFSI (Independent Spent Fuel
)
Storage Installation)
)-
December 30,1997 STATE OF UTAH'S MOTION FOR LEAVE TO REPLY TO THE NRC STAFF'S AND PRIVATE FUEL STORAGE, LLC'S RESPONSES TO PETITIONERS' CONTENTIONS The NRC Staff (Staff) and Private Fuel Storage, LLC (PFS) filed responses to the State of Utah's Contentions by e-mail December 24,1997 (hard copies were received December 29). Today, the State received a copy of PFS's Motion for Leave to File Response to State of Utah Contentions Z through DD by January 6,1998. The State has not objected to the Applicant's Leave to Respond.
i The State of Utah hereby motions for leave to reply to the Staff's and PFS's responses a Contentions. Some written reply to PFS's 672 page response and the Staff's 136 page response will assist in further defining the issues in dispute. Moreover, case law confirms affording petitioners, such as the State, the opportunity to reply to objections raised by the applicant and staff. See Long Island Lighting Company (Shoreham Nuclear Power Station), LBP-81 18,14 NRC 71,72-73 (1981) (accepting p-titioner's answer to staff's and applicant's response to pethioner's contention), citing 9001060197 971230
~
h PDR ADOCK 0720C'0Pk C
p;r
} 503
3..
t T
i Houston 1Mtb and Power Comoany (Allens Creek Nuclear Generating Station, Unit 1), ALAB 565,10 NRC 521 (1979).'
i The See requests leave to reply to be filed odor before January 22,1998. The State believes such a request is reasonable given the voluminous nature of the responses, the fact that PFS will supplement it response on January 6,1998, and the intervening holiday periods. Because of the holiday season, the State has been unable to poll all parties; however, Petitioners Castle' Rock Livestock and the Confederated Tribes of Goshute Reservation do not object to this request; the NRC Staff objects to the motion; and the Applicant objects to the January 22,1998 deadline but was unable to othrwise state its position at this time.
DATED this 30th day of December,1997.
Respectf Ily submitted,
/
/
~
[4 stM _ \\
V
?,Y Denise Chancellor _
Fred G Nelson Assistant Attorneys General Diane Curran Connie Nakahara Special Assistant Attorneys General Attorneys for State of Utah Utah Attorney General's Office 160 East 300 South,5th Floor P.O. Box 140873 Salt Lake City UT 84114-0873 Telephone:
(801) 366-0286 Fax:
(801) 366-0293-2 a
a.
1 I.
CERTIFICATE OF SERVICE I hereby certify that copies of STATE OF UTAH'S MOTION FOR LEAVE TO REPLY TO THE NRC STAFF'S AND PRIVATE FUEL STORAGE, LLC'S RESPONSES TO STATE'S CONTENTIONS, were served on the persons listed below by electronic mail (unless otherwise noted) with conforming co U. S.
M N
First Class mail as indicated, this 30th day of December,1997:
mN g
M[A hS, as a,
r m
Attn: Docketing & Services Branch Dr. Peter S. Lam WM oi7i Secretary of the Commission Administrative Judge f.~U 4
U. S. Nuclear Regulatory Commission Atomic Sa'ety and LiceqimpBoard;,
Mail Stop: Ol6G15 U. S. Nuclear Regulatoryl Coinmislf' n o
11555 Rockville Pike, One White Flint Washington, DC 20555 North E-Mail: psl@nrc. gov Rockville, MD 20852 2738 (United States mail,first class)
(Electronic mailviaJames Cutchin; original and t1eo conforming copies)
Sherwin E. Turk, Esq.
Catherine L. Marco, Esq.
G. Paul Bollwerk,III, Chairman Office of the General Counsel Administrative Judge Mail Stop - 015 B18 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 set @nrc. gov E-Mail: gpb@nrc. gov cim@nrc. gov (UnnedStates mail,first class)
(UnitedStates mail,first class)
J y E. Silberg, Esq.
Dr. Jerry R. Kline Administrative Juage Ernest L. Blake, Jr.
Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trc,wbridge U. S. Nuclear Regulatory Commission 2300 N Street, N. W.
+-
Washington, DC 20555 Washington, DC 20037-8007 E-Ma:h jrk2@nrc. gov Jay, Silberg@shawpittman.com (UnitedStates mail,first class)
(UnitedStates mail,first class) 3
I
- _Clayton J. Parr, Esq.
Danny Quintana, Esq.
Parr, Waddoups, Brown, Gee R Danny Quintana & Associates, P.C.
Loveless.
l 50 West Broadway, Fourth Floor
- 185 South State Street, Suite 1300 -
Salt Lake City, Utah 84101
- P. O. Box 11019 quintana @xmission.com Salt Lake City, Utah 84147-0019 -
(UnitedStates mail,first class) karenj@pwlaw.com
- (UnitedStates mail,first class)
Office of the Commission Appellate Adjudication John Paul Kennedy, Sr., Esq.
Mail Stop: 16-G 15 OWFN 1385 Yale Avenue U. S. Nuclear Regalatory Corr mission Salt Lake City, Utah 84105 Washington,DC 20555 john @kennedys.org (United States mail only,first class)
(UnitedStates mail,first class)
James M. Cutchin Jean Belille, Esq.
Atomic Safety and Licensing Board Land and Water Fund of the Rockies Panel 2260 Baseline Road, Suite 200 U.S. Nuclear Regulatory Commission Boulder, Colorado 80302 Washington, D.C. 20555-0001 landwater@lawfund.org E Mail: jmc3@nrc. gov (UnitedStatos mail,first class)
(electronic copy only)
Dated this 30th day of December,199.
db Denise Chancellor
~
Assistant Attorney General State of Utah 4
-