ML20198Q959

Memorandum & Order (Prehearing Conference Agenda & Schedule for Replies).* Prehearing Conference Scheduled to Begin 980127 Re Application of Private Fuel Storage,Llc.W/ Certificate of Svc.Served on 980121

ML20198Q959
Person / Time
Site:	07200022
Issue date:	01/21/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	UTAH, STATE OF
References
CON-#198-18750 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9801230179
Download: ML20198Q959 (11)

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] i Ib UNITED STATES OF AMERICA DOCKElED-NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY AND LICENSING BOARD y Before Administrative Judges  ;

G. Paul Bollwerk, III, Chairman .

gp Dr. Jerry R. Kline q LLb I Dr. Peter S. Lam l

l In the Matter of Docket No. 72-20 ISFSI  ;

PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI_

(Independent Spent Fuel January 21, 1998 1 4 Storage Installation)  ;

SERVED JAN 211998 l MEMORANDUM AND ORDER  ;

(Prehearing Conference Agenda 4 and Schedule for Replies)  ;

Pending before the Board are petitions from the State  ;

of Utah (State or Utah), the skull valley Band of Goshute l Indians (Skull Valley Band), Ohngo Gaudadeh Devia (OGD), j Confederated Tribes of the Goshute Reservation and Dasid-Pete (Confederated iribes), and Castle Rock Land and Lit t tock, L.C., skull Valley Co. LTD., and Ensigt Ranches of Utah, L.C. (Castle Rock), seeking a hearing concerning the application of Private Fuel Storage, L.L.C. (PFS), for-authority _to construct and operate a 10 C.F.R. Part 72 independent spent' fuel storage installation.2 - At a a

• ?By e-mailit oday, the Board received a petition from

. Richard Wilson, purportedly submitted on-behalf of a group of individuals prominent _'in'the nuclear area and the '

Atlantic Le' gal Foundation, seeking to intervene in this proceeding in support of the PFS application. When that 1 (continued...)  !

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prehearing_ conference scheduled to begin on-Tuesday, January 27, 1998, the Board will hear arguments concerning j various contested issues relating _to the standing of the ]

. intervenors and the admissibility of the eighty plus contentions they have filed.  :

Attachment 1 to this order is'an agenda setting forth. t the genural' order of presentation at the prehearing  !

conference. Given the-number and variety of the intervenors' contentions, the Board wants presentations on f

. admissibility that are concise and-focused. To this end, after receiving-the intervening participants' inpuu, the Board has placed each of the intervenors' contentions into one of four general categories: safety, emergency planning, {

environmental, and other. These classifi' cations, which are not intended as a limitation on the scope of any contention, are based on the Board's judgment about whether the focus of ,

the contention is on matters discussed primarily in the i applicant's safety analysis report, emergency plan, or j environmental report, or whether the contention instead Erelates to other mattets. I As the attached agenda indicates, atter hearing arguments onistanding issues, the Board will entertain f

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petition has=been received in the10ffice4of the Secretary. ' ,

and-officially,-docketed, the Loard will-issue an order establishing;a_scheduleifor participant answers to'the

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petition.-  ;

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,_ . 3 contention admissibility arguments regarding each category.

of contentions,_beginning with the "other" category. Within _

each category, the Board will first consider the individual  :

contentions of the State in the order set out in the  !

i attached agenda. At the conclusion of argument'on each'  ;

State contention,8 the Board will request that-the other intervenors identify ~and _ discuss the admissibility of any' of  !

- their particular contentions that, involve similar issues and' '

- allegations. . (.?or example, after the State's presentation  !

on Utah Contention E, the Board would entertain '

_presen at tions on Castle Rock Contention 7 and Confederated  !

Tribes Contention F, which also concern financial- l qualifications.) Yn this regard, the.other intervenors also should be prepared to discuss the degrea to which their ,

related contention involves any matters that are different from, or not within the scope of,-the State's contention.

Once consideration of all the State's contentions in-a particular category-is' completed, the Board will hear .

arguments onnthe admissibility of the other intervenors' contentions within that category.about which a presentation T

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has~not-already been made. In discussing these contentions, the Board'will expect counsel for the other.intervenors to -

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identify.:and discuss related contentions that have nct been-

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_ . The argument sequence 1will:be an initial presentation by the contention's sponsor, responses (if any) by PFS, the .

Skull Valley;Bani,;and:the-NRC staff,fand a-reply by the  !

fcontention's sponsor. ,.

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the. subject of a-previous presentation. Contencions will be  !

s discussing in the order outlined in the agenda until j presentations have been made regarding all contentions in l i

the category.  !

In making their presentations, the participants should assume that the Board has read their filings. Arguments  ;

that merely reiterate material'in participant pleadings are _;

not favored by the Board. Although severa) of the ,

intervening' participants have indicsted they_wish to incorporate by reference other participants' contentions, ,

absent-leave of the Board, arguments supporting {

admissibility of any particular contention will be  ;

i entertained only from the participant who initially  :

sponsored the contention, j 5

In addition, af ter reviewing t he filings of the State, PFS, and-the NRC staff-concerning the State's late-filed 1 contentiono EE, FF, and GG, which concern nonpublic proprietary information, and the State's nine security plan contentions, which involve nonpublic safeguarda information,  !

the Board has. decided that, with the except. ion of the two issues specified below, the State's opportunity to address the PFS andLataff. responses to these pleadings will be in a 3

- -written reply rather than an oral reply argument. These  ;

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ireply pleadings shall be filed on or before Wednesdav,

• February 11. 111R'. During.the prehearing conference, the Board will- hear argument on the issues of (1) the State's  :

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5-satisfaction of tie late-filed factors of 10 C.F.R.

S 2.714 (a) (1) ; and (2) the credentials of William J.

Sinclair to support the State's security contentions. I If the State reply filings permitted under this memorandum and order do not involve proprietary or safeguards information, they should 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. Egg Licensing Board Memorandum and Order (Initial Prehearing Order) (Sept. 23, 1997) at 5-6 (unpublished); Licensing Board Memorandum and o Order (Additional Guidance on Service Procedures) (Nov. 19, 1997) (unpublished). If, cn the other hand, a State reply filing includes proprietary or safeguards information, it should (1) be served-in the manner and on the individuals described in paragraphs I.H.1.a.-b. of the 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. of

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that issuance, agg Licensing Board Memorandum and Order (Protective Order and Schedule for Filing Security Plan Contentions) (Dec. 17, 1997) at 8, 9 (unpublished) ;

Licensing Board Memorandum and Order (Additional Amendments to Protective Order) (Dec. 23, 1997) at 2 (unpublished) ; and (2) be served so as ensure receipt by the individuals

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described in paragraph I.H.1.a. of the Board's December 17, 1997 memorandum and order by the next businces day.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD'

.A dk b . Nb G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland January 21, 1998

' Ccpies of this memorandum and order were sent this date to counsel for the applicant PFS, and to counsel for petitioners Skull Valley Band, OGD, Confederated Tribes, '

Castle Rock, and the State by Internet e-mail transmission, and to counsel for the staf f by e-mail through the agency's wide area network system.

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ATTACHME

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JANUARY 1998 PREHEARING CONFERENCE AGENDA-I. Introduction of Board and Participants II. Standing Issues A. Standing of Confederated Tribes B. Other Standing Matters III. Admissibility of Contentions A. Other Issues

1. Utah Contentions A and B

2. Castle Rock Contentions 1 through 5

3. Incorporation by Reference (including Castle Rock Contention 24, Confederated Tribes Contentions G and H)

4. Sxull Valley Band Contention B. Safety Issues

1. Utah contentions C through Q, S, EE through GG (late-f' 9 factors), Security-A through Security-I teredentials of William J.

Sinclair)

2. Castle Rock Cont ntions 6 and 7, 11

3. Confederated Tribes Contentions A and B, F l

4. OGD Contentic ns A, C through I K through N, P

C. Environmental Issues

1. Utah Contentions T through DD

2. Castle Rock Contentions 8 t) Sugh 10, 12 through 23

3. Confederated Tribes Contentions B through E

. 4. OGD Contentions J, O, P D. Emergency Planning Issues

1. Utah Contention R i- 2. OGD Contention B

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. 2-IV. Administrative Matters and Future Scheduling l

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" . UNITED STATES OF AMERICA NUCLEAR REGULAT0l'Y COMMISSION

- In the P.atter of

- PRIVATE FUEL-bT0 RAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation)

CERTIFICATE OF SERVICE .l I-hereby certify that copies of.the foregoing LB PREHEARING CONFERENCE ORDER l have been served upon the following persons by U.S. mail, first class,- except as otherwise noted and in accordance with the requirements of 10 CFR Soc. 2.712. l l

• Adninistrative Judge .l' Bollwerk, III, Chairman Office of Commission Appallate G. Paul Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Consission Mail Stop - T-3 F23 l

, Washington, DC 20555 U.S. Nuclear Regulatory Commission. -,

4 Washington, DC 20555 l Administrative Judge Administrative Judge I Jerry R. Kline Peter S. Lam )

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel l Mail Stop - T-3 F23 _

Mail Stop - T-3 F23 l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission j Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

Catherine L. Marco, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, Curran & Spielberg Mail Stop.--0-15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC -20555 Denise- . Chancellor, Esq.

Assistant Attorney' General Jay E.' Silberg, Esq.

Utah Attorney General's Office 'Shaw, Pittman, Potts and-Trowbridge 160 East 300 South, 5th Floor 2300 N Street, NW

- P.O.: Box 140873 .

Washington,<DC 20037

- Salt' Lake' City,-UT 84114 _

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.e Docket No.(s)72-22-ISFSI LB PREHEARING CONFERENCE ORDER John Paul Kannedy, Esq. Jean .Belille, Esq.

Confederated Tribes of the Goshute Ohngo Gaudadeh Oevia Reservation and David Pete Land and Water Fund of the Rockies 1385 Yale Avenue 2260 Baseline Road, Suite 200 Salt Lake City, UT '84105 Boulder, CO 80302 Clayton J. Parr, Esq. Danny Quintana, Esq.

• Castic 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 84111 Salt Lake City, UT 84101 Dated at Rockville, Md. this

• 21 day of January 1998 Office of the %cyttaryoftheCommission s

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