ML20207A124
| ML20207A124 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/20/1999 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#299-20426 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9905260152 | |
| Download: ML20207A124 (4) | |
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't USHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9 MY 25 P4 :29 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD uh 8
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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
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ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel
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Storage Installation)
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May 20,1999 STATE OF UTAH'S REPLY TO NRC STAFF'S RESPONSE TO APPLICANT'S MOTION FOR
SUMMARY
DISPOSITION OF UTAH CONTENTION C (DOSE LIMITS)
Pursuant to the Board's Order dated April 23,1999, the State of Utah hereby replies to the NRC Staff's Response to Applicant's Motion for Summary Disposition of Utah Contention C (Dose Limits) (May 11,1999) (" Staff's Response"). With the exception of one issue, the arguments raised by the Staff have already.been addressed in State of Utah's Opposition to Applicant's Motion for Summary Disposition of Contention C (May 11,1999) (" State's Opposition"). However, the State wishes to reply to statements in the Staff's Response which may give the misleading impression that PFS has previously amended its license application in some respect that is relevant to the disposition of Contention C. At page 11 ofits Response, the Staff states that:
PFS submitted a partial revision to Chapter 8 ofits SAR on May 22,1998; and we understand that PFS has indicated it will submit a further SAR revision in May 1999 that will incorporate its revised accident dose analysis, discussed below.
9905260152 990520 E
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l t Staff's Response at 11. A review of PFS's May 1998 revisions to the Safety Analysis Report ("SAR") shows that PFS clarified its original dose calculations, but did not change them. The lack of any change in the original calculations is also reflected in PFS's corresponding response to the NRC's Request for Additional Information, Letter from John D. Parkyn, PFS, to Director, NRC Office of Nuclear Material Safety and Safeguards and Enclosures (May 15,1998). As of this writing, the State has not received any amendments to the SAR which change PFS's original dose calculations.
The State would also point out that the May 1998 SAR amendment further supports the State's observation that PFS follows the general procedure of amending the SAR when it wishes to change its application. See State's Opposition at 9. Thus, it was reasonable for the State to anticipate that PFS would amend the SAR when it decided to formally include the new calculations into its license application.
DATED this 20'h day of May,1999.
Resp ully submitted, igesacA JL hancellor, istan ttorney 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: (801) 366-0286, Fax: (801) 366-0292
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\\y, USHRC CERTIFICATE OF SERVICE I hereby cenify that a copy of STATE OF UTAH'S REPLY TO E{,,
ADJUDi'
,,fF STAFF'S RESPONSE TO APPLICANT'S MOTION FOR
SUMMARY
1 DISPOSITION OF UTAH CONTENTION C (DOSE LIMITS) was served on the persons listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 20* day of May,1999:
Rulemaking & Adjudication Staff Sherwin E. Turk, Esq.
Secretary of the Commission Catherine L. Marco, Esq.
U. S. Nuclear Regulatory Commission Office of the General Counsel Washingron D.C. 20555 Mail Stop 15 B18 E-mail: hearingdocket@nrc. gov U.S. Nuclear Regulatory Commission (originaland two copies)
Washington, DC 20555 E-Mail: set @nrc. gov G. Paul Bollwerk, III, Chairman E-Mail: clm@nrc. gov Administrative Judge E-Mail: pfscase@nrc. gov Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Jay E. Silberg, Esq.
Washington, DC 20555 Ernest L. Blake, Jr., Esq.
E Mail: gpb@nrc. gov Paul Gaukler, Esq.
Shaw, Pittman, Potts & Trowbridge Dr. Jerry R. Kline 2300 N Street, N. W.
j Administrative Judge Washington, DC 20037-8007 Atomic Safety and Licensing Board E-Mail: Jay _Silberg@shawpittman.com U. S. Nuclear Regulatory Commission E-Mail: ernest _blake@shawpittman.com Washington, DC 20555 E-Mail: paul _gaukler@shawpittman.com i
E Mail: jrk2@nrc. gov John Paul Kennedy, Sr., Esq.
Dr. Peter S. Lam 1385 Yale Avenue Administrative Judge Salt Lake City, Utah 84105 Atomic Safety and Licensing Board E-Mail: john @kennedys.org U. S. Nuclear Regulatory Commission Washington, DC 20555 E-Mail: psl@nrc. gov
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Richard E. Condit, Esq.
James M. Cutchin Land and Water Fund of the Rockies Atomic Safety and Licensing Board 2260 Baseline Road, Suite 200 Panel Boulder, Colorado 80302 U.S. Nuclear Regulatory Commission E-Mail: rcondit@lawfund.org Washington, D.C. 20555-0001 E-Mail: jmc3@nrc. gov Joro Walker, Esq.
(electronic copy only)
Land and Water Fund of the Rockies 165 South Main, Suite 1 Office of the Commission Appellate Salt Lake City, Utah 84111 Adjudication E-Mail: joro61@inconnect.com Mail Stop: 16-G-15 OWFN U. S. Nuclear Regulatory Commission Danny Quintana, Esq.
Washington, DC 20555 Danny Quintana & Associates, P.C.
(UnitedStates rnailonly) 50 West Broadway, Fourth Floor Salt Lake City, Utah 84101 E-Mail: quintana @xmission.com
/AdJ/A Dedise Chancellor" '
Assistant Attorney General State of Utah
.