ML20198L037
| ML20198L037 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 10/14/1997 |
| From: | Belille J AFFILIATION NOT ASSIGNED |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#497-18585 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9710240215 | |
| Download: ML20198L037 (5) | |
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/8585 Ogp UNITED STATES OF AMERICA l
BEFORE Tile i
NUCLEAR REGULATORY COMMISSION
'97 OCT 17 P1 :35 OFFICE OF SECR~:fARY Private Fuel Storagt, a Limited Liability Company; Docket No. 72 22 ISFSihhhk N.j p ASLBP No. 97 732 02 (Independent Spent Fuel Storage ISFSI installation).
October' 14,1997 OGD'S RESPONSE TO STATE OF UTAll'S MOTION FOR EXTENSION OF TIME TO FILE CONTENTIONS On October 1,1997, the State of Utah filed a " Motion for Extension of Time to File i
contentio..s" (Motion), in which it requested that the time for filing contentions be extended for a period of 45 days beyond the current deadline of October 24,1997, which was established,in the Licensing Board's " Memorandum and Order (Initial Prehearing Order)," dated September 23, 1997. OGD herewith responds to the State's Motion in accordance with the Memorandum and Order Dated October 7,1997 issued by the lionorable, Judge, O. Paul Bollwerk, Ill; Ohngo Gaudadeh Devia (OOD) has no objection to the State's motion for a 45-day extension of the October 24,1997, deadline for filing of contentions established in the Licensing Board's Order dated September 23,1997 and in fact joins in the request for the extension of time.
l STATEMENT OF FACTS On June 25,1997, the Applicant,- Private Fuel Storage, L.L.C. ("PFS"), filed a license L
application seeking NRC approval for construction and operation of an Independent Spent Fuel Storage Installation ("lSFSI") on the Skull Valley Reservation in Utah.
OOD immediately requested a copy of the application and has been denied a copy of the 971024o215 971014,,
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license application ever since.
Prior to filing the Petition :o intervene, OGD's Attorney called the NRC to see if a copy of the License Application could be obtained. They NRC referred OGD to Jay Silberg, Attorney for PFS, as the NRC had no copies of the License Application that could be secured by the public Jay Silbe, informed OOD's Attorney that there were copies in the public library in Salt Lake City and in Washington D.C. and that OOD could purchase a copy of the License-Application for $500.00. This was not possible sin:e OGD me'nbers do not have the money for purchasing the License Application nor do they have the money for their attorney to travel over 500 miles to review the License Application.
After at least two phone calls to the NRC in order to do the Petition to Intervene OGD's attorney was allowed to review a copy of the License Application at the offices of the Architect for PFS in Denver, Colorado. PFS's Attorney, Jay Silberg, Esq., did arrange this, but the application had to be reviewed in less then four hours. OGD still has not obtained a copy of the License application.
OGD was also surprised to find out that PFS had submitted a multi volume calculation package to the NRC containing 1,500 pages of computations concerning various aspects of the licensing application. OGD has not received access to this information as of the filing of this response.
ARGUMENT As discussed above, an extension of 45 days is needed to provide OOD with a minimally adequate opportunity to review and prepare contentions on the license application and related documents.
OOD needs additional time to review the extensive technical documents that must be
1 evaluated in order to effectively prepare its contentions. The license application itself constitutes a multi-volume document, addressing numerous complex technical issues.
In adoition to the license application itself, there are other documents that must be reviewed such as the calculation p.ickage containing quantitative analyses of a number of significant licensing issues. OGD has not received any of these documents.
The time provided by the Board for filing contentions is insufficient to allow OGD to retain the experts needed to evaluate the data within the License Application and other documents.
d CONCLUSION For the foregoing reasons, OGD respectfully joins the State in their request for the Board to grant an extension of 45 days, or until December 8,1997, to file contentions. In addition, the State requests the Board to reschedule the Prehearing Conference accordingly.
DATED this 14th day of October,1997, Respectfully submitted, OT Je r 13elille tt rney for Ohngo Gaudadeh Devia Land and Water Fund of the Rockies 2260 Baseline Road, Suite 200 Boulder, CO 80302
DOCKETED UNITED STATES OF AMERICA USNRC BEFORE Tile NUCLEAR REGULATORY COMMISSION VT (CT 17 P135 Private Fuel Storage, a. Limited OF$(g g pD R
Liability Company; Docket No. 72 22 ISFSI ADJUDCATIONS STAFF ASLDP No. 97 732 02 (Independent Spent Fuel Storage ISFSI Installation).
October 14,1997 l
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "OGD'S RESPONSE TO STATE OF UTAH'S MOTION FOR EXTENSION OF TIME TO FILE CONTENTIONS," dated October 14,1997, were served on the persons listed below by U.S. Mall, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Q2.712.
Attn: Docketing & Services Branch G. Paul Bollwerk, III, Chairman U.S. Nuclear Regulatory Commission Administrative Judge Mall Stop 016G15 Atomic Safety and Licensing Board 11555 Rockville Pike, One White Flint, North U.S. Nuclear Regulatory Commission Rockville, MD 20852 2738 Washington, D.C.20555 (Original and two Copies)-
E Mail:gpb@nrc. gov i
Thomas D. Murphy _
Dr. Jerry R. Kline Administrative Judge Administrative Judge l
Atomic Safety and Licensing Board Atomic Safety and Licensing Board l-U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, D.C. 20555 E Mail: tdm@nrc. gov E-Mail: jrk2@nre. gov i
James M. Cutchin, V -
John l'aul Kennedy, Sr., Esq.
l Atomic Safety and Licensing Board 1385 Yale Avenue
. U.S. Nuclear Regulatory Commission Salt Lake City, UT 84105 Washington, DC 20555-0001 E-Mail: jmc3@nrc. gov Denise Chancellor, Esq.
(electronic copy only)
Assistant Attorney General Utah Attorney General Office Sa t Lake Ci, T 84114-0873
Clayton J. Parr, Esq.
Kimball, Parr, Waddoups, Brown & Gee 185 South State Street, Suite 1300 P.O. Box 11019 Salt Lake City, UT 84147 0019 Oluce of the Commission Appellate Adjudication Mail Stop: 16 G 15 OWFN U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (United States mail, first class) l Jay E. Silberg, Esq.
Shaw, Pittman, Potts & Trowbridge 2300 N. Street, N.W.
Washington, D.C. 20037 8007 E-Mail c\\o: virginia seymour@shawpittman.com Sherwin E. Turk, Esq.
Catherine L. Marco, Esq.
Office of the General Counsel Mail Stop-0-15 B18 U.S. Nuclear Regulatory Commission Washington, DC 20555 Danny Quintana, Esq.
Danny Quintana & Associates 50 West Broadway,4th Floor Salt Lake City, UT 84101 Dated this 14th day of October, JCBelille, Attorney for h go Gaudadeh Devia
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