ML20205B010
| ML20205B010 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 03/24/1999 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#199-20170 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9903310124 | |
| Download: ML20205B010 (6) | |
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..d iol1 DOCKETED USNRC UNITED STATES OF AMERICA
- 5) tiAR 30 P4 37
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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOEh ADLIh oF
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In the Matter of:
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Docket No. 72-22-ISFSI
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PRIVATE FUEL STORAGE, LLC )
ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel
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Storage Installation)
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March 24,1999 MOTION FOR LIMITED DISCOVERY ON GROUP II AND GROUP III CONTENTIONS Funher to a telephone conference (regarding the status of discovery) convened by the Atomic Safety and Licensing Board (ASLB) on March 23, 1999, the State of Utah submits a motion to add a limited discovery window for Group II and Group III contentions to the Private Fuel Storage Proceeding General Schedule, as revised on February 17,1999. See ASLB Order (Revised General Schedule), App A, issued February 17,1999.
As the schedule currently stands, formal discovery ends against all parties, except the NRC Staff, on May 28,1999. Pre-filed testimony on Group I contentions is due four months after the end of discovery, i.e., on October 1, 1999. Counsel for the State and the Applicant agree that it would be beneficial to each party to conduct depositions and some written discovery (i.e.,
interrogatories, admissions and document requests) on Group II and Group III 9903310124 990324 PDR ADOCK 07200022 hO C
i g.
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contentions at a time closer to the proposed hearings for Group II and Group III contentions.2 Using the current schedule as a guide, the State requests the Board approve a limited discovery window for Group II contentions from January 1, 2000 to February 29,2000. Under this schedule the lead panies would complete limited discovery against each other four months prior to the date pre-filed testimony is due. Neither the State nor PFS expects the L. iring scheduled for Group I contentions to take from November 1 to December 31, 1999. Thus, some time should be freed up for limited discovery on Group II Contentions.
The request for a specific discovery window on Group III contentions is more difficult to pin point because of NRC's newly announced activities relating to the Environment-J Impact Statement (EIS). During the March 23
' The Board has allowed the lead pany supponing a contention to serve on the lead pany challenging the contention ten written interrogatories per contention. The challenging party has the same interrogatory allocation against the supponing pany. Private Fuel Storage. L.L.C., LBP-98-7,47 NRC 142,245 (1998). The State requests that the ten interrogatories per contention be used either during the initial formal disecvery period or during the limited discovery window. The Applicant requests that a party be allowed to reserve no more than five of the ten interrogatories allowed per contention for use during the discovery window. The State and the Applicant are lead parties on all contentions, with the exception of OGD Contention O (Environmental Justice) and SUWA Contention B (Low rail spur alignment). Id. at 243; Order, November 27,1998; LBP-99-3, February 3,1999.
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conference call, counsel for NRC informed the Board of the following: (a)
NRC will be conducting additional scoping meetings on the EIS in April or May,1999; (b) issuance of the draft EIS will be delayed by approximately four months; (c) issuance of the final EIS will be delayed (by less than four months);
(d) at some future date NRC will issue the Applicant a second round of environmental Requests for Additional Infctmation; and (e) counsel for NRC will send a letter to the Board shonly with specific information about the foregoing activities.
In light of the additional activities associated with the EIS, rather than setting specihc dates for lead party limited discovery, the State requests a two month discovery window for Group III contentions, usmg a time frame parallel to that for Group I and Group II contentions.2 The State e-mailed a draft of this motion to counsel all panies and requested comments on the motion. The Staff does not oppose the motion.
The Applicant does not oppose the motion with the understanding that the State will not use the juxtaposition or overlapping of the proposed limited 1
discovery windows for Group II and Group III contentions with other
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' For example, based on the current schedule, the discovery window for Group III contentions would have been September 1 to November 1,2000 if NRC had not proposed additional procedures relating to the EIS.-
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p scheduled activities, as a basis in and ofitself, for requesting delays to this proceeding. The State has received no other comments on this motion.
DATED this 24th day of March,1999.
Respectfully submitted, Aun I')enise Chancellor,' Assistant Atiorney General Fred G Nelson, Assistant Attorney General Diane Curran, Special Assistant Attorney General Connie Nakahara, Special Assistant Attorney General Attorneys for State of Utah Utah Attorney General's Office 160 East 300 South,5th Floor, P.O. Box 140873 Salt Lake City. UT 84114-0873 Telephone: /'n.) 366-0286, Fax: (801) 366-0292 4
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DOCKETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMIS!, )N W MAR 30 P4 :58 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFi.
RUa 1,
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In the Matter of:
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Docket No. 72-22 'tSFSI
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PRIVATE FUEL STORAGE, LLC )
ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel
)
Storage Installation)
)
March 24,1999 CERTIFICATE OF SERVICE I hereby certify that copies of (1) MOTION FOR LIMITED DISCOVERY ON GROUP II AND GROUP III CONTENTIONS; (2) NOTICE OF CHANGE OF ADDRESS (for Diane Curren); and (3) NOTICE OF APPEARANCE (Daniel G.
Moquin) were served on the persons listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 24*h day of March, 1999:
Rulemaking & Adjudication Staff Dr. Jerry R. Kline Secretary of the Commission Administrative Judge U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington D.C. 20555 U. S. Nuclear Regulatory Commission E-mail: hearingdocket@nrc. gov Washington, DC 20555 (originalandtwo copies)
E-Mail: jrk2@nrc. gov G. Paul Bollwerk,III, Chairman Dr. Peter S. Lam AdministrativeJudge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 E-Mail: robenre. gov E-Mail: psl@nrc. gov l
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Sherwin E. Turk, Esq.
Joro Walker, Esq.
Catherine L. Marco, Esq.
Land and Water Fund of the Rockies Office of the General Counsel 165 South Main, Suite 1 Mail Stop-015 B18 Salt Lake City, Utah 84111 U.S. Nuclear Regulatory Commission E-Mail: ioro61einconnect.com
-Washington, DC 20555 E-Mail: set @nrc. gov Danny Quintana, Esq.
E-Mail: cim@nrc. gov Danny Quintana R Associates, P.C.
E-Mail: pfscase@nrc. gov 50 West Broadway, Fourth Floor Salt Lake City, Utah 84101 Jay E. Silberg, Esq.
E-Mail: ouint=nmabrmission.com Ernest L. Blake,Jr.
Shaw, Pittman, Potts & Trowbridge James M. Cutchin 2300 N Street, N. W.
Atomic Safety and Licensing Board Washington, DC 20037-8007 Panel E Mail: Jay _Silberg@shawpittman.com U.S. Nuclear Regulatory Commission t i.: il:
Washington, D.C. 20555-0001 ernest _blake@shawpittman.com E-Mail: jmc3@nrc. gov E-Mail:
(electronic copy only) paul _gaukler@shawpittman.com Office of the Commission Appellate John Paul Kennedy, Sr., Esq.
Adjudication 1385 Yale Avenue Mail Stop: 16-G-15 OWFN Salt Lake City, Utah 84105 U. S. Nuclear Regulatory Commission E-Mail: ichnskennedvs.org Washington, DC 20555 (UnitedStates mailonly)
Richard E. Condit, Esq.
- Land and Water Fund of the Rockies 2260 Baseline Road, Suite 200 Boulder, Colorado 80302 E-Mail: reonditslawfund.org
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Denise ChanceV Assistant Attorney General State of Utah 2
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