ML20198R042

Order (Response Schedule for Further Suppl Petition & Addl late-filed Contention).* Responses to Confederated Tribes/Pete 971229 Suppl Memorandum Shall Be Filed on or Before 980114.W/Certificate of Svc.Served on 980112

ML20198R042
Person / Time
Site:	07200022
Issue date:	01/12/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#198-18733 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9801230204
Download: ML20198R042 (6)

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USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION W JAN 12 A10:08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: OFFCF OF SEqR oRay RUL9,som G. Paul Bollwerk, III, Chairman ADJUDCiNA Sihu FF Dr. Jerry R. Kline Dr. Peter S. Lam Docket No. 72-22-ISFSI In the Matter of PRIVATE FUEL STORAGE, L.L.C.

ASLBP No. 97-732-02-ISFSI January 12, 1998 (Independent Spent Fuel Storage Installation)

ORDER (Response Schedule for Further Supplemental Petition and Additional Late-Filed Contention) 1997 "Further Upon consideration of the December 29, supplemental Memorandum in Support of the Petition of the Confederated Tribes of the Goshute Reservation and David Pete ((Confederated Tribes /Pete]) to Intervene and for a Hearing," and the January 8, 1998 " State of Utah's [(State)]

it Request for Consideration of Late-Filed Contention GG,"

is ORDERED, that any responses to the Confederated Tribes /Pete December 29, 1997 supplemental memorandum shall be filed on or before Wednesday, January 14, 1998, and it is FURTHER ORDERED, tnat any responses to the State's January 8, 1998 late-filed contention consideration request

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i 9001230204 990112 '

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L shall be filed on or before Tuesday, January 20, 1998; and it is FURTHER ORDERED, that any response to the Confederated Tribes /Pete December 29, 1997 supplemental memorandum or any response to the State's January 8, 1998 late-filed contention consideration request that does not contain proprietary information should be served on the Board, the Office of the Secretary, and counsel for the other participants by facsimile transmission, e-mail, or other m' .ns that will ensure receipt by close of business (4 : 30 p.m. EST) on the day of filing, agg Licensing Board Memorandum and Order (Initial Prehearing Order) (Sept. 23, 1997).at 5-6 (unoublished) ; Licensi T Board Memorandum and Order (Additional Guidance on Service Procedures) (Nov. 19, 1997) (unpublished); and it is FURTHER ORDERED, that any response to the State's January 8, 1998 late-filed contention consideration request that-includes proprietary information 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 that issuance, agg In addition, any future pleading regarding the State's January 8, 1998 late-filed contention that includes proprietary-information shall be served using the procedures (continued...)

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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); (2) be served so as ensure receipt by the individuals described in paragraph I.H.1.a. of the Board's December 17, 1997 memorandum and order by the next business day; and (3) include in the accompanying cover letter or memorandum advice to the Board about whether the participant anticipates that any oral argument concerning the late-filed contention at the.prehearing conference now scheduled for the week of January 26, 1998, would involve l

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(... continued) referenced:above- .

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i discussing proprietary information so as to requite an in camera session.  !

It is so ORDERED. j FOR THE ATOMIC b..FETY  :

AND LICENSING BOARD8 f

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/)G)4 G. Paul Bollwerk, III l M G A,Ei '

ADMINISTRATIVE JUDGE Rockville, Marylana January 12, 1998 8

Copies.of this order were sent this-date.to counsel for.:the applicant. Private Fuel Storage, L.L.C.. and to counsel,for petitioners Skull Valley Band of Goshute Indians,.Ohngo'Gaudadeh Devia, Confederated Tribes /Pete,

-Castle Rock Land and Livestock, L.C., et al., and the. State

,by Internet e-mail-transmission; and to counsel for the NRC staff-by:e-mail'through the agency's' wide area network

-system.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

!.I the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation)

, CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER--RESPONSE SCHEDULE... '

have been served upon the following norsons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

i Administrative Judge Office of Commission Appillate G. Paul Bo11werk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel

• U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Connission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Peter S. Lam Atoalc Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

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

Office of the General Counsel Harmon, curran & Spielberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 2000g Washington, DC 20555 Deniss 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. sox 140873 Washington, DC 20037 l

Salt Lake City, UT 84114 c.

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., ., _ . , - . , , . . . . , .,,,,.v.. .. . - . .

i Docket No.(s)72-22-ISFS!

LB ORDER--RESPONSE SCHEDULE...

t John Paul Kennedy, Esq. Jean Belille, Esq.

Confederated Tribes of the Goshute ohngo Gaudadeh Devia Reservation and David Pete Land and Water Fund of the Rockies 1385 Yale Avenue 2260 Baseline Road, suite 200 4 Salt Lake City, UT 84105 Boulder, 00 80302 Clayton J. Parr, Esq. Danny Quintana, Esq.

Castle Rock, et al. Skull Valley Band of Goshute Indians -

Parr, Waddoups, Brown, Gee & Loveless Danny Quintana & Assocs., P.C.

185 South State Streut, Suite 1300 50 West Broadway, Fourth Floor Salt Lake City, UT 84111 Salt Lake City, UT 84101 Dated at Rockville, Md. this 12 day of January 1998 Office of the Secretaty of the'Iommission i

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