ML20206S911

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Memorandum & Order (Schedule Re Partial Summary Disposition Motion on Contention Utah H).* Orders Responses Supporting or Opposing 990519 Pfs Motion Be Filed by 990608 & by 990618.With Certificate of Svc.Served on 990521
ML20206S911
Person / Time
Site: 07200022
Issue date: 05/21/1999
From: Bollwerk G
Atomic Safety and Licensing Board Panel
To:
AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), SKULL VALLEY BAND OF GOSHUTE INDIANS, SOUTHERN UTAH WILDERNESS ALLIANCE, UTAH, STATE OF
References
CON-#299-20413 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9905240030
Download: ML20206S911 (5)


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2 6113 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION U5RC ATOMIC SAFETY AND LICENSING BOARD 99 MM' 21 P 1 :36 Before Administrative Judges:

09.

G.

Paul Bollwerk, III, Chairman it Dr. Jerry R.

Kline ADJ Dr. Peter S.

Lam d

b k 2 1 f999 In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C.

ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel May 21, 1999 Storage Installation)

MEMORANDUM AND ORDER (Schedule Regarding Partial Summary Disposition Motion on Contention Utah H)

In accordance with the Board's April 23, 1999 order, see Licensing Board Order (Response Schedules) (Apr. 23, 1999) at 2 n.2 (unpublished), further party responses to the May 19, 1999 motion of applicant Private Fuel Storage, L.L.C.,

(PFS) for partial summary disposition regarding contention Utah H should be filed as follows:

Responses Supporting / Opposing the May 19, 1999 PFS Motion -- Tuesday, June 8, 1999 l

Responses Opposing Responses Supporting the May 19, 1999 PFS Motion -- Fridav, June 18, 1999 In addition, given (1) the apparent relationship between the pending April 30, 1999 motion of intervenor State of Utah (State) to compel a PFS response to the State's April 9, 1999 discovery request regarding contention 9905240030 990521 PDR ADOCK 07200022 C

PDR T)60 p

'a

.. 3 Utah H and the May 19, 1999 PFS partial summary disposition motion regarding Utah H; and (2) the fact the PFS partial summary disposition motion will not be fully briefed until after the initial discovery period relative to contention Utah H is scheduled to close, if appropriate the Board may provide a limited additional period for discovery on contention Utah H following its ruling on the PFS dispositive motion.

i The filings permitted under this memorandum and order l

l should be served on the Board, the Office of the Secretary, and counsel for the other participants by facsimile transmission, e-mail, or other means that will ensure l

receipt by midnight Eastern Time (ET) on the day of filing.

i Egg Licensing Board Memorandum and Order (Initial Prehearing Order) (Sept. 23, 1997) at 5-6 (unpublished); Licensing i

Board Memorandum and Order (Additional Guidance on Service 1

Procedures) (Nov. 19, 1997) (unpublished); Licensing Board Memorandum and Order (Schedule for Telephone Conference and Directives Regarding Expedited Service) (Sept. 2, 1998) at 2-3 (unpublished).

If a filing includes proprietary or safeguards information, it should (1) be served in the manner and on i

i the individuals described in paragraphs I.H.1.a.-c.

of the Board's December 17, 1997 memorandum and order, as amended, and include a cover letter or memorandum that shall be

l o

,, l served on.all other participants as described in paragraph I.H.2.

of that issuance, see Licensing Board

. Memorandum and Order (Protective Order and Schedule for Filing Security Plan Contentions) (Dec. 17, 1997) at 8, 9

l (unpublished); Licensing Board Memorandum and Order

-(Additional Amendments to Protective Order) (Dec. 23, 1997) at 2 (unpublished); and (2) be served so as ensure receipt by the individuals described in paragraph I.H.1.a. of the Board's December 17, 1997 memorandum and order by the next business day.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD'

<M k.5 G.

Paul Bollwerk, III ADMINISTRATIVE JUDGE j

Rockville, Maryland May 21, 1999 I

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  • Copies of this memorandum and order were sent this date'by Internet e-mail transmission to counsel for (1) applicant PFS; (2) intervenors Skull Valley Band of Goshute Indians, Ohngo Gaudadeh Devia, Confederated Tribes of the Goshute. Reservation, Southern Utah Wilderness Alliance, and the State; and (3) the NRC staff.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation)

CERTIFICATE OF SERVICE I' hereby certify that copies of the foregoing LB M&O--SCHED. RE MOT. CONT H have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate G. Paul Bollwerk, III, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Coennission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.

Catherine L. Marco, Esq.

Diane Curran, Esq.

Office of the General Counsel Harmon, Curran, Spielberg Mail Stop 15 B18

& Eisenberg, L.L.P.

U.S. Nuclear Regulatory Commission 1726 M Street, NW, Suite 600 Washington, DC 20555 Washington, DC 20036 Martin S. Kaufman, Esq.

Joro Walker, Esq.

Atlantic Legal Foundation Land and Water Fund of the Rockies 205 E. 42nd St.

2056 East 3300 South, Suite 1 New York, NY 10017 Salt Lake City, UT 84109

Docket No.(s)72-22-ISFSI LB M&O--SCHED. RE MOT. CONT H Denise Chancellor, Esq.

Assistant Attorney General Daniel G. Moquin, Esq.

Utah Attorney General's Office Utah Attorney General's Office 160 East 300 South, 5th Floor 1594 West North Temple, Suite 300 P.O. Box 140873 Salt Lake City, UT 84114 Salt Lake City, UT 84114 Jay E. Silberg, Esq.

John Paul Kennedy, Esq.

Shaw, Pittman, Potts & Trowbridge Confederated Tribes of the Goshute 2300 N Street, NW Reservation and David Pete Washington, DC 20037 1385 Yale Avenue Salt Lake City, UT 84105 Richard E. Condit, Esq.

Danny Quintana, Esq.

Land and Water Fund of the Rockies Skull Valley Band of Goshute Indians 2260 Baseline Road, Suite 200 Danny Quintana & Assocs., P.C.

Boulder, CO 80302 50 West Broadway, Fourth Floor Salt Lake City, UT 84101 Richard Wilson Department of Physics Harvard University Cambridge, MA 02138 Dated at Rockville, Md. this 21 day of May 1999 Office of the Se'cretary7of the ComePIssion l

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