ML20198D704
| ML20198D704 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 12/31/1997 |
| From: | Allen B AFFILIATION NOT ASSIGNED, External (Affiliation Not Assigned) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#198-18720 ISFSI, NUDOCS 9801080257 | |
| Download: ML20198D704 (4) | |
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.I/2720 00CKETED USNRC l
- UNITED STATES OF AMERICA
'98 JAN -6 P5 :00 NUCLEAR REGULA'IORY COMMISSION OFFICE OF SECDETW
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RULEWKPG AND i
ADJUD! CAT &;S GTAFF j
In the Matter of:
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Private Fuel Storage, L.L.C.,
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(Independent Spent Fuel Storage
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Docket No. 72-22 Installation)
)
1 MOTION OF PETITIONERS CASTLE ROCK LAND & LIVESTOCK, L.C. AND SKULL VALLEY CO., LTD. FOR LEAVE TO REPLY TO THE NRC STAFF'S AND PRIVATE FUEL STORAGE, LLC'S RESPONSE TO PETITIONER'S CONTENTIONS.
The Nuclear Regulatory Commission Staff (the " Staff") and Private Fuel Storage, LLC
("PFS") filed responses to the Contentions of Castle Rock Land & Livestock, L.C. and Skull Valley Co., Ltd (' Castle Rock") on December 24,1997. Castle Rock received a copy of the Staff's and PFS's responses on Monday, December 29,1997. Castle Rock hereby moves for leave to reply to the Staff's and PFS's responses to Contentions.
Castle Rock's motion to submit a reply to the Staff's and PSF's responses is consistent with both Nuclear Regulatory Commission (" Commission") precedent and the purposes of the pre-hearing process. In Long Island Lightine Comoany (Shoreham Nuclear Power Station),
LBP-81-18,14 NRC 71,1981 NRC LEXIS 97 (1981), the Commission explained:
Insofar as contentions are concerned, the intervenors must be heard in response because they cannot be required to have anticipated in the. contentions themselves the possible arguments their opponents might raise as grounds for dismissing them.... Before any.
suggestion-that a contention should not be entered can be acted upon favorably, the
~ proponent of the contentions must be given some chance to be heard in response, it at *5 (quoting Houston Liehtine and Power Comoany (Allens Creek Nuclear Generating Station, Unit 1), ALAB-565,10 NRC 521 (1979)); see also In the Matter of Georeia Power Co.
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(Voetle Electric Generatine Plant. Units 1 and 2, 40 N.R.C. 37 (1994). Furthermore, as explained in the Commission release accompanying the rules governing petitions to intervene, the purpose of the pre-hearing process is to "crystalliz(e] disputes at an early stage in the proceeding, thereby improving the efficiency and quality of the hearing process." 54 Fed. Reg. 33168, 33169 (1989). In this case, PFS has filed a 672 page response to the contentions of the petitioners, and the staff has filed a 136 page response. Although the pre-hearing conference is scheduled for January 27 - 29, 1997, granting Castle Rock an opportunity to reply to the assertions and arguments of the Staff and PSF is appropriate in order to crystallize and narrow the numerous issues to be discussed at the pre-hearing conference and litigated throughout the proceeding.
Morecever, the existence of a written reply will better facilitate complete understanding and recall of Castle Rock's arguments than a mere oral reply at the pre-hearing conference. Accordingly, Castle Rock requests ler.ve to reply in a brief to be filed by January 22, 1998, or such other date as the License Board may designate in its order granting this motion.
DATED this day of December,1997.
Respectfully submitted, fW
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f(fchael M. Later, USB # 3728 Bryan T. Allen, USB #7127 PARR, WADDOUPS, BROWN, GEE & LOVELESS Attorneys for Petitioners 185 S. State Street, Suite 1300 Salt Lake City, UT 84111-1536 Telephone: (801) 532-7840-Facsimile: (801) 532-7750 E-Mail: karenj@pw. law.com a...o.wwm a 2
00CKETED USNRC Certificate of Mailing W JAN -6 P5 :00 I hereby certify that I caused to be sent by E-Mail and first class postage prepaid, a copy of the foregoing MOTION FOR LEAVE TO REPLY to the following: OFFICE OF SECFi/JiY RULD WIWSO Dr. Jerry R. Kline G. Paul Bollwerk, III, AIMirillanW STAFF Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclev Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 E-Mail: jrk2@nrc. gov E Mail: gpb@nrc. gov Dr. Peter S. Lam James M. Cutchin Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, DC 20555 0001 E Mail: jmc3@nrc. gov E-Mail: psl@nrc. gov (electronic copy only) and also certify that I caused to be sent by express mail, a copy of the foregoing to the following:
Secretary of the Commission Jay E. Silberg, Esq.
ATTN: Docketing & Services Branch Shaw, Pittman, Potts & Trowbridge U. S. Nuclear Regulatory Commission 2300 N. Street N.W.
Washington, DC 20555-0001 Washington, DC 20037-8007 (original + two copies)
Fax: (202) 663-8007 Office of the Secretary Jean Belille, Esq.
ATTN: Rulemakings and Adjudications Staff Land and Water Fund of the Rockies U. S. Nuclear Regulatory Commission 2260 Baseline Road, Suite 200 Washington, DC 20555-0001 Boulder, Colorado 80302 Fax: (303) 786-8054 Sherwin E. Turk, Esq.
E-Mail: landwater@lawfund.org Catherine L. Marco, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Mail Stop: 0-15 B18 Washington, DC 20555 Fax: (301) 415-3725
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and also certify that I caused to be hand delivered a copy of the foregoing to the following:
Danny Quintana, Esq.
Connie Nakahara, Esq.
Danny Quintana & Associates, P.C.
Utah Dept. of Environmental Quality 1
50 West Broadway, Fourth Floor 168 North 1950 West Salt L.ake City, UT 84101 P. O. Box 144810 Fax: (801) 363-7726 Salt Lake City, UT 84114-4810 Fax: (801) 536-4401 Denise Chancellor Assistant Attorney General John Paul Kennedy, Sr., Esq.
Utah Attomey General's Office 1385 Yale Avenue P. O. Box 140873 Salt Lake City, UT 84105 160 E. 300 S., #500 Fax: (801) 581-1007 Salt I2ke City, UT 84114-0873 Fax: (801) 366-0292/0293 Dated this 8/ day of December,1997, db DeAnn Thompson o..e\\sungpileave ano2 4