ML20206P249
| ML20206P249 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/14/1999 |
| From: | Gaukler P AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#299-20384 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9905180198 | |
| Download: ML20206P249 (7) | |
Text
2032Y DOCKETED USHRC May 14,1999 W MAY 17 P3 :45 UNITED STATES OF AMERICA OFFIL
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NUCLEAR REGULATORY COMMISSION RUi--.a ADJU %
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@F Before the Atomic Safety and Licensing Board I
- In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72 /SM/
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(Private Fuel Storage Facility)
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ASLBP No. 97-732-02-ISFSI I
APPLICANT'S REQUEST FOR EXTENSION OF TIME TO FILE A 20-PAGE
SUMMARY
DISPOSITION MOTION FOR UTAH K Private Fuel Storage L.L.C. (" Applicant" or "PFS") requests an extension of time in which to file a 20-page briefin support of a partial motion for summary disposition with respect to Utah Contention K. On May 6,1999, Applicant requested an extension to May 18,1999 in which to file a motion for summary disposition with respect to Utah K of 20 pages in length, which the Atomic Safety and Licensing Board (" Board") granted in its Order (Granting Time Extension Motion) of May 10,1999. The basis for Applicant's initial request for an extension of time to May 18 was to allow sufficient time to review the transcript of depositions (scheduled for May 10-12) of knowledgeable State per.ennel for potential inclusion in a summary disposition motion.
Unfortunately, however, General Matthews, Military Advisor to the Governor of Utah, and identified by the State as one ofits witnesses with respect to " activities relating to Dugway, Utah Test and Training Range, and 11111 Air Force Base, as well as other 9905190198 990514 Y
PDR ADOCK 07200022 I(
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PDR 79
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military and aviation activities,"' was unavailable due to being bedridden with pneumonia. Ses Exhibit I attached hereto (Letter from State advising Applicant of the unavailability of General Matthews). The State and the Applicant have currently rescheduled General Matthew's deposition for sometime on May 26 or May 27 of the last week in May (obviously subject to his full recovery) when counsel for Applicant will be in Utah for other depositions.11 (Next week Applicant and the State will be doing depositions in Washington D.C., including experts on Utah K.) As a result, Applicant will not have available the deposition of General Matthews until the end of that week, and therefore requests an extension of time to June 4,1999 for filing a motion for summary disposition of 20 pages in length with respect to Utah K.2 Applicant has conferred with counsel for the State, who does not oppose this Motion. Applicant's counsel has attempted, but has yet to reach, coural for the NRC Staff. Applicant will file a short supplement to this request stating the Staff's position upon talking to Staff counsel.
Wherefore, the Applicant requests that it be allowed to file a motion for summary disposition of 20 pages in length with respect to Utah K through June 4,1999.
' See " State of Utah's Amended Responses to Applicant's First Set of Fonnal Discovery Requests" dated April 29,1999, Responses to General Interrogatory Nos. 3 and 5.
- Counsel for Applicant recognizes that requests for extension of time are to be filed three days prior to the due date, but did not return from the depositions in Utah until late yesterday aftemoon, and with other deadlines, did not have an oppoitunity to confer and file this motion earlier.
2
Respectfully submitted, 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: May 14,1999 Counsel for Private Fuel Storage L.L.C.
3
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f Exhibit 1 l
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DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF THE EXECUTIVE DIRECTOR Michael O. Leavitt 168 Nortn 1950 West i
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P.O. Box 144810 Dianne R. Nielson, Ph D.
Salt Lake City Utah 84114 4810 Esecuove Duest" (801) 536-4400 l
1 Brent C. Bradford (801) 536-0061 Fax D'Pu* D""'"
(801) 536-4414 T.D.D.
www deq state.ut us Web May 11,1999 Hand Delivered and Sent via Email Paul A. Gaukler, Esq.
Shaw, Pittman, Potts & Trowbridge 2300 N Street, N. W.
Washington, DC 20037-8007 Re:
Deposition of John Matthews
Dear Mr. Gaukler:
This is to notify you that John Matthews, Brigadier General (retired), will not be availble for the deposition originally schedule on Wednesday, May 12,1999 at 1:00 p.m. Unfonunately, General Matthews is still bedridden with pneumonia and unable to attend.
Assuming General Matthews has recovered, he will be available on May 26 or 27,1999 when plan return for additional depositions. I apologize for the inconvenience, however, General Matthew's illness is out of anyone's control.
Sincerely, C334 /7d/v- ~
Connie S. Nakahara c:
Ernest L. Blake, Jr., Esq.
Denise Chancellor, Esq.
Richard E. Condit, Esq.
John Paul Kennedy, Sr., Esq.
Danny Quintana, Esq.
Sherwin E. Turk, Esq.
Joro Walker, Esq.
l
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DOCKETED USHRC UNITED STATES OF AMERICA W MY 17 P3 :45 NUCLEAR REGULATORY COMMISSION OFFit r"
i RUL.
Before the Commission ADJUD'
'NF In the Matter of
)
)
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 foregoing Applicant's Request for Extension of Time to File a 20-Page Summary Disposition Motion for Utah K 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 14th day of May 1999.
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 c-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 r.icensing Board Panel Directorate, Spent Fuel Project Office U.S. Nuclear RegJtery Commission Office ofNuclear Material Safety &
Washington, D.C. 2/:555-0001 Safeguards e-mail: PSL@nrc. gov U.S. Nuclear Regulatory Commission Washington, D.C. 20555
i-A 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 Attorney General's Office Mail Stop O-15 BIS 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 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
- By U.S. mail only 3
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Paul A.Gaukler Document #: 761737 v.1 2