ML20199K643

NRC Staff Response to State of Utah Site Visit Suggestions.* NRC Does Not Oppose State of Utah Suggestion That Other Areas Be Visited as Part of ASLB Tour,If Tour to Assist in Understanding Stated Proceeding.W/Certificate of Svc

ML20199K643
Person / Time
Site:	07200022
Issue date:	11/18/1997
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#497-18626 ISFSI, NUDOCS 9712010170
Download: ML20199K643 (5)

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' $ hlb DOCKETED Noveh6HRIS,1997 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFRCE OF 5. Car;iARY HEFORE TIIE ATOMIC SAFETY AND LICENSING Sh Idh'hp In the Matter of )

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PRIVATE FUEL STORAGE, LLC ) Docket No. 72-22 ISFSI

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(Independent Spent )

Fuel Storage Installation) )

NRC STAFF'S RESPONSE TO STATE OF UTAH'S SITE VISIT SUGGESTIONS On November 10, 1997, the State of Utah filed a response to the Licensing Board's scheduling Order of October 24,1997, in which the Licensing Board had announced a revised schedule for the initial prehearing conference and site visit in this proceeding.' In its Response, the State suggested that the proposed half-day site visit be extended to last a full day, and that the Licensing n' ., ' /isit certain other " areas in Tooele County that are relevant to PFS' license application" (Response at 1). In addition to the proposed PFS site, the State proposed an inspection of (1) Rowicy Junction, (2) Skull Valley Road, (3) the Dugway Proving Ground facility, and (4) the route from Dugway to Tooele along State Roads 199 and 36 (Id. at 1-2).

The NRC Staff ("6taff") herewith responds to the State's suggestions, in accordance with the Licensing Board's Order of November 12, 1997.2 l

' " State of Utah's Response to ASLB's October 24, 1997 Memorandum and Order (Schedule fcT Prehearing Conference / Site Visit)", dated November 10, 1997, 2

" Order (Responses to State of Utah Site Visit Suggestions)," dated November 12, 1997.

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2 The Staff does not oppose the State's suggestion that the Licensing Board tour other areas in the vicinity of the proposed site, including the areas suggested by the State, if the Licensing Board determines that a visit to those areas would assist the Board in its understanding and resolution of the issues raised in this proceeding, and if appropriate conditions are established for the conduct of such a visit.

Thus, in the event that the Board, after reviewing the ccatentions in this proceeding, finds that a visit to one or more of the areas listed by the State would assist the Board in hearing and deciding those contentions, the Staff suggests that a tour of those areas be arranged, subject to the following conditions (or such other corxlitions as the Board determines to be appropriate).

in order to assure fairness to all concerned:

(a) all parties and petitioners to intervene are permitted to participate in the tour; (b) each party or group of petitioners is allmved to designate a limited number of persons (e.g., no more than two or three persons) to participate in the tour on its behalf; (c) tour participants are restricted from making any off-the record comments within the hearing of the Licensing Board members, concerning matters relevant to the proceeding; and (d) only members of the Licensing Board and their assistants, and persons designated to participate on behalf of parties or petitioners in the proceeding, will in allowed to participate in the tour.

CONCLUSION The Staff does not oppose the State's suggestion that other areas be visited as part of the Licensing Board's tour of the proposed PFS site, if the Board finds that a tour of those areas would assist it in understanding and deciding the contentions in this proceeding, and if l

.5 appropriate conditions are established for the conduct of such a tour in order to assure fairness- ,

1 to all parties and petitioners. .l Respectfully submitted, .

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- i Sherwin E. Turk Counsel for NRC Staff Dated ~at Rockville, Maryland this 18th day of Noveraber 1997 a

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00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE Tile ATOMIC SAFETY AND LICEMIMBffAIRf :07 in the Matter of ) OFFICE Oc SEC%Nfr

) RULEM4E3 /WD PRIVATE FUEL STORAGE, LLC ) dMPR. Tid 2.isMr

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(Independent Spent )

Fuel Storage Installation) )

CERTIFICATE OF SERVICE I nereby certify that copies of "NRC STAFF'S RESPONSE TO STATE OF UTAll'S SITE VISIT SUGGESTIONS" in the above captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's internal mail system (with copies by electronic mail, as indicated), or by deposit in the United States mail, first class, as indicated by an asterisk, this 18th day of November,1997:

Office of the Secretary G. Paul Hollwerk, Ill, Chairman ATTN: Rulemakings and Adjudications Administrative Judge Staff Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to GPB@NRC. GOV)

Dr. Peter S. Lam Administrative Judge Dr. Jerry R. Kline Atomic Safety and Licensing Board Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S Nuclear Regulatory Commission (E-mail copy to psi @NRC. GOV) Washington, DC 20555 (E-mail copy to JRK2@NRC. GOV)

James M. Cutchin, V Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission (by E-mail to JMC3@NRC. GOV) Washington, DC 20555

Of0cc of the Commission Appellate Jean Belille, Esq.*

Adjudicatior, land and Water Fund of the Rockies Mail Stop: 16-G-15 OWFN 2260 Baseline Road, Suite 200 U.S. Nuclear Regulatory Commission Boulder, CO 80302 Washington, DC 20555 (E-mail copy to landweter@lawfund.org)

Denise Chancellor, Esq.* Danny Quintana, Esq

• Fred G. Nelson, Esq. Danny Quintana & Associates, P.C.

Utah Attorney General's Office 50 West Broadway 160 East 300 South,5th Floor Fourth Floor P.O. Box 140873 Salt Lake City, UT 84101 Salt Lake City. UT 84114-0873 (E-mail copy to quintana (E-mail copy to dchancel@ State.UT.US) @Xmission.com)

Connie Nakahara, Esq.* Clayton J. Parr, Esq.*

Utah Dep't of Environmental Quality KIMBALL, PARR, W ADDOUPS, 168 North 1950 West BROWN & GEE P. O. Box 144810 185 S. State St., Suite 1300 Salt Lake City, UT 84114-4810 P.O. Box 11019 (E-mail copy to enakahar@ state.UT.US) Salt Lake Ci'y, UT 84147-0019 (E-mail copy to CJP@Kimballparr.com)

Jay E. Silberg, Esq

• SilAW, PITTMAN, PO1TS & John Paul Kennedy, Sr., Esq.*

TROWBRIDGE 1385 Yale Ave.

2300 N Street, N.W Salt Lake City, UT 84105 Washington, DC 2003"-8007 (E-mail copy to john @kennedys.org)

(E-mail co'py to jay _silberg

@shawpittman.com)

E

,/ Laf Sherwin E. Turk Counsel for NRC Staff

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