ML20202B811

Memorandum & Order (Memorializing Initial Prehearing Conference Directives).* Directives Re Scheduling & Length of Pleadings,Issued During Course of 980127-29 Prehearing Conference Submitted.W/Certificate of Svc.Served on 980202

ML20202B811
Person / Time
Site:	07200022
Issue date:	02/02/1998
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#198-18774 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9802120098
Download: ML20202B811 (7)

Text

._ _

hlk UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CKETCO USTC ATOMIC SAFETY AND LICENSINr DO g g Before Administrative J ,ges:

Paul Bollwerk, III, Chairhh G. _

Dr. Jerry R. Kline ADJUM'r- -

. . ,J F Dr. Peter S. Lam In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel February 2, 1998 Storage Installation)

Fm FEB - 21998 MEMORANDUM AND ORDER (Memorializing Initial Prehearing Conference Directives)

During the course of the January 27-29, 1998 initial prehearing conference in this proceeding, the Board issued several directives regarding scheduling and length of pleadings. Those are memorialized below, along with additional requirements concerning the filing of reply pleadings:

I. Scheduled Dates A. Monday, February 2, 1998 -- Amended petition to intervene of Richard Wilson and other individuals and the Atlantic Legal Foundation (Wilsen/ ALP)

B. Wednesday, February 11, 1998 -- State of Utah (State or Utah) pleading addressing use of proprietary information to prepare Utah Contentions EE-GG and time line for Utah Contentions EE and FF C. Fridav. February 13, 1998 -- Participant responses to Wilson /ALF amended petition 9002120098 900202 l l  !

l' l lll l !!,'

'l ll PDR C

ADOCK 07200022 PDR li lli l l lll i.

H q0 d

i

a l

D. Wednesday. February 18, 1998 -- Responses to January i 21, 1998 petition of Castle Rock Land & Livestock, l L.C., Skull Valley Co., Ltd., and Ensign Ranches of i Utah, L.C., (Castle Rock) for nonapplication or waiver of Commiscion rules E. Monday. February 23, 1998 -- Private Fuel Storage, L.C.

l (PFS), and NRC staff responses to State filing described in paragraph I.A. .

Ett Tr. at 307-08 (Jan. 29, 1998).

The filings required or permitted under this paragraph j of this memorandum and order that do not contain proprietary 1

or safeguards information should be served on the Board, the j

. I office of the Secretary, and counsel for the other participants by facsimile transmission, e-mail, or other

[ means that will ensure receipt by cloce of business (4 :30 p.m. EST) on the day of filing. Ena Licensing Board Memorandum and order (Initial Prehearing order) (Sept. 23, 1997) at 5-6 (unpublished) (hereinafter Initial Prehearing order); Licensing Board Memorandum and order (Additional Guidance on Service Procedures) (Nov. 19, 1997)

(unpublished). If, on the other hand, a 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 that issuance, att Licensing Board Memorandum and order (Protective order and Schedule for Filing Security Plan Contentions) (Dec. 17,

3 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' described in paragraph I.H.1.a.

of the Board's December 17, 1997 memorandum and order by the next business day.

II. Limitations on Pleadino Lenoth and Reolv Pleadinos A. Pace Limitation. All motions filed after the date of thic memorandum and order and any related responsive pleadings shall not exceed ten pages in length Uncluding signature page) absent preapproval of the Board. A request for Board preapproval to exceed this page limitation shall sought in writing no less than three business days prior to the time the motion or responsive pleading is filed or due I

! to be filed.2 A request to exceed this page limitation must (1) indicate whether the request is opposed or supported by the other participants to the proceeding;8 and (2) provide a good faith estimate of the number of additional pages that will be filed.

• This time limitation is being modified from that stated at the prehearing conference to make it consistent with the time limitation for filing requests for extension of time. Comoare Tr. at 314 (Jan. 29, 1998) with Initial Prehearing Order at 7, 1

• Each participant is free to enter into an agreement l' with any other participant to waive the need to ascertain its position on time or page extension requests or reply motions. The participants should notify the Board of such waiver. agreements, either generically or in the particular motion.  ;

._ _ _ . _ . . - .__ . _ = _ _ _ _ . _ _ _ _ _ _ _ . . _ - - _ _ _ _ . _ _ . _ _ . . _ ._

4 .

B. Reolv Pleadinas. Also, in accordance with the agency's rules of practice, leave must be sought to file a reply to a response to a motion. Egg 10 C.F.R. S 2.730 (c) .

A request for Board preapproval to file a reply shall be sought in writing no less than three business days prior to the time the reply will be filed.8 A request to file a i?,ily unst indicate whether the request is opposed or support 4J by the other participants to the proceeding.

C. Cervina and Oooosina a Recuest to Exceed the Paae Limitation or to File a Reolv. A request to exceed the page limitation or to file a reply 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. ET) on the day of filing. Any written opposition to a request to exceed the page limit or to file a reply shall 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 Although the agency's rules of practice do not provide for reply pleadings, the Board will presume that for a reply to be timely, it would have to be filed within ten days of the date of service of the response it is intended to address.

t l l l

j 5

i

[

receipt by close of business (4:30 p.m. ET) on the next

i. business day after the filing of the request. t It is so ORDERED. >

l FOR THE ATOMIC SAFETY AND LICENSING BOARD

• t l

l /3."-JL i W L J IL . '

G. Paul Bollwerk, III ADMINISTRATIVE JUDGE i i i Rockville,' Maryland

! February 2, 1998  !

i i  !

4 i

4

.I F

6 i

i L

W L

.

• Copies of this memoraudum and order were sent this

.-  ; date by Internet e-mail transmission to counsel for the 4

applicant PFS; to counsel for petitioners. Skull = Valley Band ,

of:Goshute Indians, Ohngo Gaudadeh Devia, Confederated '

Tribes of the Goshute Reservation and David Pete, Castle j- Rock, and the State; and to the representative of- ,

petitioners Wilson /ALF; and to counsel for the staff by

.e-mail transmission through the agency's wide area network ,

"Y"D'"* ._ _

L,,y...,-

. - - . , - __,,-m,,..--,,.e. r- 5.%., ,.#...r_,, , - , - . ~ . ..,rm +

,.,,.,,,..,,_m-.,- i,,.,._______w,,_mg- _ ~ ,,,- 3 . _ ,

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION In the Matter of '

PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel storage hstallation)

CERTIFICATE OF SERVICE ,

. l I hereby certify that copies of the foregoing LB M&O ON INITIAL PREHEARING-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 sec. 2.712.

Administrative Judge Office of Commission Appellate G. Paul Bo11werk, III Chairman Adjudication Atomic Safety and I unsing Board Panel U.S. Nucitar Regulatory Commission Mail stop - T-3 I N Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Peter S. Las Atomic 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 Commission U.S.. Nuclear Regulatory Commission 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 15 B18 2001 S Street, N.W., suite 430 U.S. Nuclear Regulatory Commission Washington, DC 2000g 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 m,

-Docket No.(s)72-22-1$FSI LB M&O ON INITIAL PREHEARING 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 Vale Avenue 2260 Baseline Road, suite 200 salt Lake City, UT 84105 Boulder, CO 80302 Clayton J. Parr, L4q. 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 street, suite 1300 50 West Broadway, Fourth Floor Salt Lake City, UT 84111 Salt Lake City, UT 84101 l

Dated at Rockville, Md. this 2 day of February 1998 . ,

fice of the stary of the Comission