ML20206E360
| ML20206E360 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 04/30/1999 |
| From: | Silberg J AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#299-20336 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9905050098 | |
| Download: ML20206E360 (6) | |
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UNITED STATES OF AMERICA Olin i
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Before the Atomic Safety and Licensing Board l
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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ASLBP No. 97-732-02-ISFSI l
APPLICANT'S RESPONSE TO STAFF'S LETTER OF APRIL 21,1999 l
In accordance with the Atomic Safety and Licensing Board's (" Board") Order of April 23,1999 (Response Schedules), Private Fuel Storage L.L.C. (" Applicant" or "PFS") files this response to the NRC Staff's letter of April 21,1999 concerning the projected dates for the completion of the Draft Environmental Impact Statement
("DEIS") and the Final Environmental Impact Statement ("FEIS"). The Applicant k>elieves that the Board need not, and should not, revise at this point in time the schedule l
for the' licensing hearings on the Group Ill environmental contentions to account for potential slippage in the DEIS and FEIS as projected in the Staff's letter of April 21, 1
1999. Hearings on the Group 11I contentions are currently scheduled for April and May l
2001, two years from now. In view of the long length of time before actual hearings on l
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the Group III contentions,' there is no need for the Board to revise the schedule now to adjust for potential slippage in the DEIS and the FEIS and the Board should hold in l
abeyance any such revision.2 Counsel for Applicant has discussed this matter with counsel for the other lead parties - the NRC Staff, the State, OGD, and SUWA - and they are in agreement with counsel for Applicant that the Board need not adjust the schedule for the Group III contentions this far in advance of the actual hearing. The State of Utah's position on this matter is stated in full in the following paragraph.
The State of Utah agrees that it may be premature to set a Group III schedule now and it does not object to holding the Group III schedule in abeyance. However, the State emphasizes that it is important to preserve the existing concept of an adequate review time for the Environmental Impact Statement prior to the commencement of discovery in a future revision to the Group III schedule. Under the existing schedule the DEIS was to issue on October 30,1999 and discovery against the Staff with respect to the DEIS was to 1
' Further, the limited discovery window for Group 111 contentions endorsed by the Board in its March 29, 1999 Order (Granting Motion for Additional Limited Discovery on Group 11 and Group III Contentions) would not occur under the current schedule until September and October 2000, more than 15 months hence.
2 The Applicant notes that it will continue to provide prompt and complete answers to the Staff's requests for information, and otherwise work with the Staff, in endeavoring to enable the Staff to produce the DEIS and FEIS by dates earlier than those currently projected by the Staft's April 21,199 letter. Applicant also notes that the length of time between the DEIS and FEIS as projected in the Staff's April 21,1999 letter is
' I i months and in its initial status report to the Board the Staff had indicated the potential for a shorter time Period between the DEIS and the FEIS. Seec NRC Staff's Status Report and Response to Requests for e
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. Hearing and Petitions to Intervene Filed by (1) the State of Utah, (2) Skull Valley Band of Goshute Indians, (3) Ohngo Gaudadeh Devia, and (4) Castle Rock Land and Livestock, L.C., et al., dated October 1, 1997, at page 5.
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commence on March 6,2000. Thus, under the existing schedule there is a four month review period before commencement of a 2 % month discovery period. The State l
requests that when the DEIS and FEIS are issued by the Staff there will be time for the State and its experts to review those documents before the commencement of discovery against the Staff and that the same discovery period against the Staff be preserved. A two l
month review period for the DEIS, provided there is no unsorkable conflict with the t
i Group 11 schedule, and a one month review for the FEIS, provided there are no significant changes in the FEIS from the DEIS, would be the minimum time required by the State for its review, prior to the commencement of discovery against the StafT.
l Neither the Staff nor the Applicant agree with the State's position, set forth in the above paragraph, of the claimed need for review time between the issuance of the DEIS and the FEIS and the commencement of discovery against the Staffin addition to the time allowed for DEIS and FEIS discovery under the schedule. All the parties agree, however, that the Board need not resolve this dispute at this point in time and may hold in abeyance
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any adjustment to the schedule for the Group Ill contentions until a later point in time l
closer to the actual hearing and the related discovery and other prehearing activities for j
the Group 111 contentions.
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Respectfully submitted, j
l 01 Jay E. Silberg Ernest L. Blake, Jr.
Paul A.Gaukler SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.
Washington,DC 20037 (202) 663-8000 Dated: April 30,1999 Counsel for Private Fuel Storage L.L.C.
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UNITED STATES OF AMERICA 99 MY -4 A10 :39 NUCLEAR REGULATORY COMMISSION OM-RUL.
Before the Commission ADJUL.
- F 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 Response to Stafrs Letter of j
April 21,1999 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 30th day of April 1999.
G. Paul Boliwerk 111, 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
4 Office of the Sesretary
- 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 StafT 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 Conunission 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 John Paul Kennedy, Sr., Esq.
Joro Walker, Esq.
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, Utah 84105 e-mail: joro61@inconnect.com e-mail: john @kennedys.org Diane Curran, Esq.
Danny Quintana. Esq.
Harmon, Curran, Spielberg &
Skull Valley Band of Goshute Indians Eisenberg, L.L.P.
Danny Quintana & Associates, P.C.
1726 M Street, N.W., Suite 600 50 West Broadway, Fourth Floor Washington, D.C. 20036 Salt Lake City, Utah 84101 e-mail:DCurran.HCSE@zzapp.org e-mail: quintana @xmission.com nb 3
By U.S. mail only b
Paul A.Gaukler i
Document #:755319 v.I 2
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