ML20206R990
| ML20206R990 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/18/1999 |
| From: | Gaukler P AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | AFFILIATION NOT ASSIGNED, UTAH, STATE OF |
| References | |
| CON-#299-20406 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9905210025 | |
| Download: ML20206R990 (11) | |
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DOCKETED USNRC May 18,1999 W t Y 20 P3 :26 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AD, 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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y Docket No. 72-22
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(Private Fuel Storage Facility)
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ASLBP No. 97-732-02-ISFSI APPLICANT'S TIIIRD SET OF FORMAL DISCOVERY REQUESTS TO INTERVENORS STATE OF UTAH AND CONFEDERATED TRIBES Applicant Private Fuel Storage L.L.C. (" Applicant" or "PFS") hereby makes the following formal discovery requests of the State of Utah and the Confederated Tribes.
General Definitions and Instructions 1.
The term " document" means the complete original or a true, correct, and complete copy and any non-identical copies, whether different by reason of any notation or otherwise, of any written or graphic matter of any kind, no matter how produced, recorded, stored, or reproduced (including electronic, mechanical or electrical records or representation of any kind) including, but not limited to, any writing, letter, telegram, meeting minute or note, memorandum, statement, book, record, survey, map, study, handwritten note, working paper, chart, tabulation, graph, tape, data sheet, data processing card, printout, microfilm or microfiche, index, diary entry, note ofinterview 9905210025 990518 PDR ADOCK 07200022 i
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or communication, or any data compilation including all drafts of all such documents.
The phrase " data compilation" includes, but is not limited to, any material stored on or accessible through a computer or other information storage or retrieval system, including videotapes and tape recordings.
2.
" Record" means any document or other recordation concerning any incidents or events in Requests for Admissions Ig-30 herein for Utah K.
3.
The " State of Utah" means any branch, department, agency, division or other organized entity, of the State of Utah, as well as any ofits officials, directors, agents, employees, representatives, and its attorneys.
4.
" Confederated Tribes" means the Confederated Tribes of the Goshute Reservation, any ofits officials, directors, agents,. employees, representatives, and its attorneys.
5.
" Consultant" means any person who provides professional, scientific, or technical input, advice and/or opinion to the State or Confederated Tribes whether that person is employed specifically for this case or is a regular State or Confederated Tribes employee or official.
6.
"PFSF" and "PFS ISFSI" means the Private Fuel Storage Facility.
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I.
BOARD CONTENTION 7 (UTAH K/ CONFEDERATED TRIBES B)
CREDIBLE ACCIDENTS A.
Requests for Admissions 1.
Do you admit that the document entitled," Waste Received at Commercial Permitted Facilities In/Out of State by Tons,"(Bates No. UT-05267 to UT-05284) indicates the amount of waste received by the Aptus/Aragonite, Envirocare, Clive, and Grassy Mountain hazardous waste facilities in Fiyal Years 1986 through 1997?
2.
Do you admit that the document entitled, " Spill Reports - 1994," (Bates No. UT-37743 to UT-37744) indicates the hazardous material spill reports received by Utah Department of Environmental Quality, Division of Hazardous Waste in 19947 3.
Do you admit that the document entitled, " Spill Reports - 1995," (Bates No. UT-37740 to UT-37742) indicates the hazardous material spill reports received by Utah Department of Environmental Quality, Division of Hazardous Waste in 1995?
4.
Do you admit that the document entitled,"1996 Spill Report,"(Bates No.
UT-37722 to UT-37739) indicates the hazardous material spill reports received by Utah Department of Environmental Quality, Division of Hazardous Waste in 19967 i
5.
Do you admit that the document entitled,"1997 Spill Report,"(Bates No.
UT-37708 to UT-37721) indicates the hazardous material spill reports received by Utah Department of Environmental Quality, Division of Hazardous Waste in 1997?
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6.
Do you admit that the document entitled,"1998 Spill Report,"(Bates No.
UT-37701 to UT-37707) indicates the hazardous material spill reports received by Utah Department of Environmental Quality, Division of Hazardous Waste in 1998?
7.
Do you admit that the documents entitled, " Utah Division of Solid and l
Ihtzardous Waste, Spill Reports 1998,"(Bates No. UT-37550 to UT-37556) are spill reports received by Utah Department of Environmental Quality, Division of Hazardous l
1 Waste in 19987 8.
Do you admit that the documents entitled, " Utah Division of Solid and l
Hazardous Waste, Spill Reports 1997,"(Bates No. UT-37544 to UT-37549) are spill reports received by Utah Department of Environmental Quality, Division of Hazardous Waste in 1997?
9.
Do you admit that the documents entitled, " Utah Division of Environmental Response and Remediation, incident Notification,"(Bates No. UT-37758 to UT-37782) are records of the incident notifications received by Utah Department of Environmental Quality, Division of Environmental Response and Remediation of hazardous materials transportation spills in Tooele County from 1990 to 19987 10.
Do you admit that the UTTR, South Area approaches no closer than within 18 miles of the PFSF?
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Do you admit that most of the Air Force targets for training with air-delivered munitions on the UTTR, South Area are located at Wildcat Mountain?
12.
Do you admit that Wildcat Mountain is more than 25 miles from the PFSF7 13.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any mflitary aircraft flying to or from the UTTR that has released a weapon (e.g., missile, bomb, or rocket) outside the area in which the weapon was intended to be released?
14.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any military aircraft having released live ordnance over Skull Valley?
15.
Do you admit that the State's and its consultants have no knowledge of any record in their possession, or otherwise, of any incident on Dugway Proving Ground involving chemical munitions or agents having harmed anyone off of Dugway Proving Ground, other than the 1968 sheep incident?
16.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident on Dugway Proving Ground involving biological munitions or agents having harmed anyone off of Dugway Proving Ground?
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Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident in which a chemical or biological munition on Dugway Proving Ground spontaneously exploding?
18.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident involving the transportation of chemical munitions or agents to or from Dugway Proving Ground in which a person was e
harmed by exposure to chemical agent?
19.
Do you admit that the State and its consultants have no knowledge of any.
record in their possession, or otherwise, of any incident involving the transportation of biological munitions or agents to or from Dugway Proving Ground in which a person was harmed by exposure to biological agent?
20.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident involving the transportation of J
hazardous materials, other than chemical munitions, chemical agents, biological munitions, or biological agents, to or from Dugway Proving Ground in which a person was harmed by exposure to such hazardous material?
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Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident involving the transportation of hazardous materials to or from the Aptus hazardous waste incinerator in which a person was harmed by exposure to such hazardous material?
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Do ynt admit that the State and its consultants have no knowledge of any 3
l record in their possession, or otherwise,~ of any incident involving the transportation of hazardous materials to or from the Clive hazardous waste incinerator in which a person was harmed by exposure to such hazardous material?
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Do you admi~ that the State and its consultants have no knowledge of any 23.
t record in their possession, or otherwise, of any ingident involving the transportation of i
hazardous materials (including radioactive materials) to or from the Envirocare low-level radioactive waste and mixed waste landfill in which a person was harmed by exposure to such material?
24.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident involving the transportation of hazardous materials to or from the Grassy Mountain hazardous waste (including radioactive materials) landfill in which a person was harmed by exposure to such such material?
25.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident in which a rocket motor at the Tekoi Rocket Engine Test Facility exploded while being test fired?
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26.
Do you admit that the State and its consultants have no knowledge of any i
record in their possession, or otherwise, of any incident in which a rocket motor at the Tekoi Rocket Engine Test Facility escaped its test stand while being test fired?
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27.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident in which a rocket motor being transported to the Tekoi Rodet Engine Test Facility exploded or ignited while in transit?
28.
Do you admit that the State and its consultants have no knowledge of any record in their possession, oi otherwise, of any incident in which a rocket motor being transported to the former Bacchus Werks rocket pgine test facility exploded or ignited while in transit?
29.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident in which electromagnetic emissions from a ground facility caused the crash of an aircraft flying within 10 miles of such facility?
30.
Do you admit that the State and its consultants have no knowledge of any record in their possession, or otherwise, of any incident in which the smok'e plume from a fire or explosion prevented the correct operation of any electronic device more than two miles from the fire or explosion?
B.
Interrogatories 1.
To the extent that the State denies any of the Requests for Admission Nos.
13-30, indicate each record that provides the basis for each of your denials, such indication to include the Request for which it is the basis for denying, the full title and author of each record, the State office currently possessing each record, or person or 8
entity in possession of such record, and the Utah Bates No. for each record (if the State has produced the record in this proceeding).
II. HOARD CONTENTION 9 (UTAH M) PROBABLE MAXIMUM FLOOD A.
Interrogatories 1.
Identify what the State contends is the appropriate ground cover, and the O
corresponding Curve Number or n coefficient, to be used in the calculation of the Probable Maximum Flood ("PMF") for the PFS site, and fully explain the scientific and technical basis therefor.
2.
Identify what the State contends is the appropriate time of concentration for calculating the PMF for the PFS site and fully explain the scientific and technical basis therefor.
Respectfully submitted,
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Jay E. Silberg Ernest L. Blake, Jr.
Paul A.Gaukler SIIAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.
Washington, DC 20037 (202) 663-8000 Dated: May 18,1999 Counsel for Private Fuel Storage L.L.C.
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00CV4RD gcyPC UNITED STATES OF. AMERICA 9
NUCLEAR REGULATORY COMMISSION OP Y;w ADJ i
Before the Atomic Safety and Licensing Board 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 CERTIFICATE OF SERVICE I hereby certify that copies of the " Applicant's Third Set of Formal Document Requests to Intervenors State of Utah and Confederated Tribes 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 13th day of May 1999.
G. Paul Bollwerk 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 and kjerry@erols.com 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
e 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 16gEast 300 South,5* Floor U.S. Nuclear Regulatory Commission P.O. Box 140873 Washington, D.C. 20555 Salt Lake City, Utah 84114-0873 J
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.
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
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Paul A. Gat %1er
[bcument #: 763836 v.1 2