ML20204D067
| ML20204D067 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 03/19/1999 |
| From: | Gaukler P SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| CON-#199-20119 ISFSI, LBP-99-03, LBP-99-3, NUDOCS 9903240081 | |
| Download: ML20204D067 (5) | |
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Washington. D.C. 20037 1128 202.u3.8000 99 MAR 22 P3 :51 Facsimile 202.M3.8007 PAUL A. CAUKLEA g, g N
paulgauk er hw tman.com ADA.
March 19,1999 U.S. Nuclear Regulatory Commission Office of the Secretary Att'n: Rulemakings and Adjudications Staff Washington, D.C. 20555 Re:
In the Matter of Private Fuct Storage, L.L.C., Docket No. 72 ISFSI, PFS Appeal of Order Granting SUWA Intervention P
Dear Sir or Madam:
I am writing to clarify a possible inaccuracy in the record of the February 16,1999 appeal filed by Private Fuel Storage, L.L.C. ("PFS") appealing the Atomic Safety and Licensing Board's February 3,1999 Memorandum and Order, LBP-99-3, granting the Southern Utah Wilderness Alliance's ("SUWA") petition to intervene. The grounds for PFS's appeal set forth in its briefis that SUWA lacks standing and has failed to plead an admissible contention. With respect to the latter, PFS argued that SUWA's Contention B -
which concemed alternatives to the proposed Low Corridor rail line (from the main Union Pacific rail line at Low to the PFS site)- should be dismissed for several reasons. One of these reasons was that the alternative that SUWA belatedly proposed (to run the rail line to the East to avoid SUWA's prcposed wildemess area) was not feasible in that it would cross land owned by the State of Utah. See PFS Appeal Brief at 9-10 and note 12. The State of Utah is intractably opposed to the proposed ISFSI and would obviously not consent to realigning the rail line over State lands.
PFS based this argument on Exhibit 2 to SUWA's petition to intervene. Because this exhibit shows SUWA's proposed wildemess area to directly abut State-owned lands, any realignment of the rail line to the East would have to cross State land. If one assumes, however, that SUWA's proposed wildemess area is bounded on the East by an existing road, a more detailed topographic map shows a corridor of approximately 500 feet (at its narrowest point) between the road and the adjeent section ofland to the East owned by the State 9903240081 990319 PDR ADOCK 07200022 C
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Office of the Secretary March 19,1999 Page 2 through which the rail line might conceivably be routed. We do not believe that this potential 500 foot corridor for the rail line between SUWA's proposed wildemess area and the State-owned land is significant to the arguments made on appeal. SUWA claims visual and other impacts to its proposed wildemess area resulting from the proposed rail line (which it presumably would still claim if the proposed rail line were shifted somewhat to the East in order to avoid by a few hundred feet its proposed wilderness area) and never pointed to this potential routing as a feasible alternative in its opposition brief. However, upon noting this potential routing we feel obliged to bring it to the Commission's attention.
i Sincerely, d1A.L Paul A.Gaukler J
cc:
Attached service list Document #: 735516 v.1 l
' See Page 1 of Exhibit I to Applicant's Answer to Petition to Intervene and Contentions of Southem Utah Wildemess Alliance, dated December 1,1998. Note that the scale on this map is inaccurate When the map was copied from the United States Geological Sr:rvey map, of which it is a part, the scale and the copied portion of the map itself were inadvertently copied to different sizes.
.. o i
John Paul Kennedy, Sr., Esq.
Joro Walker, Esq.
1 Confederated Tribes of the Goshute Land and Water Fund of the Rockies Reservation and David Pete 165 South Main, Suite 1 1385 Yale Avenue Salt Lake City, UT 84111 Salt Lake City, Utth 84105 e-mail: joro61@inconnect.com e-mail: john @kennedys.org Diane Curran, Esq.
Danny Quintana, Esq.
l Harmon, Curran, Spielberg &
Skull Valley Band of Goshute Indians Eisenberg, L.L.P.
Danny Quintana & Associates, P.C.
2001 S Street, N.W.
50 West Broadway, Fourth Floor Washington, D.C. 20009 Salt Lake City, Utah 84101 e-mail:DCurran.HCSE@zzapp.org e-mail: quintana @xmission.com
- By U.S. mail only Paul A. Gaukler Document #: 736744 v.I i
3
.4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72-22
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(Private Fuel Storage Facility)
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CERTIFICATE OF SERVICE I hereby certify that copies of the Applicant's Letter of March 19,1999 concerning "PFS Appeal of Order Granting SUWA Intervention" were served on the persons listed below (unless otherwise noted) by e-mail with conforming copies by U.S.
mail, first class, postage prepaid, this 19th day of March 1999.
Shirley A. Jackson, Chairman Greta J. Dieus, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop O-16 GIS Mail Stop O-16 G15 One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 e-mail: chairman @nrc. gov e-mail: cmrdicus@nre. gov Edward McGaffigan, Jr., Commissioner Nils J. Diaz, Conunissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop O-16 GIS Mail Stop O-16 GIS One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 e-mail: sfc@nrc. gov e-mail: cmrdiaz@nrc. gov
Jeffrey S. Merrifield, Commi sioner Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission One North Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 e-mail:jmer@nrc. gov e-mail: hrb@nrc. gov G. Paul Bollwerk III, Esq., Chairman Dr. Jerry R. Kline Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 e-mail: GPB@nrc. gov e-mail: JRK2@nrc. gov Dr. Peter S. Lam
- Susan F. Shankman Administrative Judge Deputy Director, Licensing & Inspection Atomic Safety and Licensing Board Panel Directorate, Spent Fuel Project Office U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety &
Washington, D.C. 20555-0001 Safeguards e-mail: PSL@nrc. gov U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of the Secretary
- Adjudicatory File U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission Attention: Rulemakings and Adjudications Washington, D.C. 20555-0001 Staff e-mail: hearingdocket@nrc. gov (Original and two copies)
Catherine L. Marco, Esq.
Denise Chancellor, Esq.
~ Sherwin E. Turk, Esq.
Assistant Attorney General Office of the General Counsel Utah Attomey General's Office Mail Stop O-15 B18 160 East 300 South,5* Floor U.S. Nuclear Regulatory Commission P.O. Box 140873 Washington, D.C. 20555 Salt Lake City, Utah 84114-0873 e-mail: pfscase@nrc. gov e-mail: dchancel@ state.UT.US 2
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