ML20199K633

Memorandum & Order (Addl Guidance on Svc Procedures).* Orders That Transmission of Courtesy & Svc Copies of Pleadings Should Be Done by Same Method for Both Board & Other Participants.W/Certificate of Svc.Served on 971119

ML20199K633
Person / Time
Site:	07200022
Issue date:	11/19/1997
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), SKULL VALLEY BAND OF GOSHUTE INDIANS
References
CON-#497-18631 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9712010168
Download: ML20199K633 (5)

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UNITED STATES OF AMERICA. DOCKETED NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY AND LICENSING BOARD W NOV 19 ' A10:44 Before Administrative Judges:

OFF!CE OF SEC%ay G. Paul-Bollwerk, III, Chairman RULEMAPNG; /uD Dr. Jerry R. Kline ADJUDOMKm swp Dr. Peter S. Lam SEPNED E[9J991 In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL-GTORAGE,-L.L.C. ASLBP No. 57-732-02-ISFSI (Independent 3 pent Fuel November 19, 1997

-Storage Installation)

MEMORANDUM AND ORDER (Additional Guidance on Service Procedures)

In response to a procedural inquiry from counsel for petitioner Ohngo Gaudadeh Devia (OGD), the Licensing Board provides the following additional guidance to the part'icipants on the requirements governing service of courtesy copies of pleadings that were outlined in the Board's September 23, 1997 initial prehearing order. Eg_q Licensing Board Memorandum and Order (Initial Prehearing Order) (Sept. 23, 1997) at 5-6 (unpublished).

._If a participant has a pleading it wishes to send by e-mail that includes attachments it is unable to convert to electronic form, it should.do'p.ng of the following:

1. If the-attachments.the participant is unable to convert to electronic form-are fifteen naaes or less, the attachments should be sent by a separate facsimile transmission contemporaneous with the transmission of the 9s'12010168 971119- llllEll.lllll PDR ~ADOCK- 07200022 C ^: PDR N, , .. .

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pleading _by_e-mail. The e-mail and facsimile transmissions should note-that separate transmission modes are being used. Paper

-service copies of the pleading and attachments should be sent by first. class mail,

2. If the' attachments the participant is unable to convert to electronic form are more than fifteen oaces, the pleading should be sent by e-mail and the paper service copy of the pleading with the attachments should be sent by express mail or other means that will ensure delivery on the next business day.

The e-mail should note that there will be next-day service of the pleading with the attachments.

Transmission of courtesy and service copies of pleadings,_whether at the direction of the Board or initiated by counsel, should be done by the same method for both the Board and the other participants and the certificate of service accompanying the pleading should reflect the service methods used. When the Board directs the use of same day transmission of courtesy copies, if counsel believes other participants might be satisfied with a less expeditious service method (e.g., first class mail service of a paper copy) , counsel should contact those participants to reach agreement cn1 waiving same day courtesy

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copy transmission _and using some other mutually agreeable arrangement for service on that participant.

It is so ORDERED.

Fox THE ATOMIC SAFETY AND LICENSING BOARD *

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/ h I'c 4 ( ) d ( w ,, i d i G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland November 19, 1997 Copies of this memorandum and order were sent this date to counsel for the applicant Private Fuel Storage, L.L.C., and to counsel for peririoners Skull Valley Band of Goshute Indians, OGD, Confederated Tribes of the Goshute Reservation and David Pete, Castle Rock Land and Livestock, L.C , et al., and the State of Utah by Internet e-mail transmission; and to counsel for the NRC staff by e-mail through the agency a wide area network system.

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e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of-PRIVATE FUEL STORAGE, LLC Docket No.(s)_72-22-ISFSI

.(Independent Spent Fuel Storage Installation)

CERTIFICATE.0F SERVICE I hereby certify that copies of the foregoing LB M&O (ADD'L GUIDANCE...)

havs 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 Sec. 2.712.

Administrative Judge Office of Commission Appellate G. Paul Bollwerk, III. Chairman Adjudirstion Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington; DC 2055i Administrative Judge Administrative Judge Jerry R. Kline . Peter S. Lam Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S.- Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

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

Office of- the Ganeral Counsel Harmon, curran & Spielberg Mail Stop 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 Trow'oridge 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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1 Docket No.(s)72-22-ISFSI LB MO (AD0'L GUIDANCE. ..-)

John Paul Kennedy, Esq. Jean Belille Esq.

Confederated Tribes of the Goshute Ohngo Gaudadeh Devia Reservation and David Pete Land and Water Fund of '.he Rockies 1385 Yale Avenue 2260 Baseline Road, Suite ?30 Salt Lake City, UT 84105 Boulder, CO 80302 Clayton J. Parr, Esq.

Castle Rock, et al. Danny Quintana, Esq.

Kimball, Parr, Waddoups, Brown & Gee Skull Valley Band of Goshute Indians 185 S. State St., Suite 1300 Danny Quintana & Assocs., P.C.

P.O. Box 11019 50 West Broadway, Fourth Floor Salt Lake City, UT 84147 Salt Lake City, UT 84101 Dated at Rockville, Md. this 19 day of November 1997 Office of the Secretary of6the Comission