ML20207A583
| ML20207A583 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/20/1999 |
| From: | Gaukler P AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#299-20432 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9905270042 | |
| Download: ML20207A583 (13) | |
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qqtATED CORRESPONDENCE DOCKETED May 2pi199y UNITED STATES OF AMERICA l
Yv MY 26 P2 :02 NUCLEAR REGULATORY COMMISSION G%
Before the Atomic Safety and Licensing BoardA bil rp 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 APPLICANT'S OBJECTIONS AND RESPONSES TO OGD'S FIRST REQUESTS FOR DISCOVERY Applicant Private Fuel Storage L.L.C. (" Applicant" or "PFS") files the following objections and responses to "Ohngo Gaudedah Devia's First Set of Discovery Requests Directed to the Applicant"("OGD's First Discovery Requests"), an electronie., copy of which was served on the Applicant on Monday, May 10,1999. Pursw.at to Board Orders,' OGD requested Applicant to answer the Interrogatories within 10 days after service of the formal discovery request and to produce documents within 15 days after
' service of the formal discovery request. OGD's First Discovery Requests at 1.
I.
GENERAL OB.IECTIONS These objections apply to the Applicant's responses to all of OGD's First Discovery Requests.
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' See Board Orders dated April 22,1998, June 29,1998 and August 20,1998.
l 9905270042 990520 Y*
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The Applicant objects tc te OGD's instructions and definitions on the grounds and to the extent that they request cr purport to impose upon the Applicant any obligation to respond in manner or scope beyond the requirements set forth in :.0 C.F.R.
{ 2.740,2.741 and 2.742.
1 2.
The Applicant objects to OGD's Request for Production of Documents to the extent that it reauests discovery ofinformation or documents protected under the attorney-client privilege, the attorney work product doctrine, and limitations on d:scovery of trial preparation materials and experts' knowledge or opinions set forth in 10 C.F.R. 2.740 or other protection provided by law. The Applicant has provided OGD with a Privilege Log which identifies documents subject to these privileges and protections, which the Applicant reserves the right to supplement.
3.
The Applicant objects to OGD's interrogatories and document requests to i
the extent they seek discovery beyond the scope of OOD Contention 0, as admitted by the Ber rd ia this proceeding. OGD is only permitted to obtain discovery on matters ti at a
pertain to the subject matter with which OGD is involved in this proceeding. 10 C.F.it {
2.740(b). The only OGD contention admitted by the Board was OGD O. In cdmit'.ing
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the contention, the Board specifically limited the scope of OGD 0 to the issue of
" disparate impact [s]" of the PFSF on the " Skull Valiey Goshut.: community." Private Fuel Storage; L.L.C. (Independent Spent Fuel Str, rage In:,tallation), LBP-98-7,47 NRC 142,233 (1998). The Board rejected contentk.i bases 2,3, and 4 addressing the cost-benefit analysis of facility siting and the alkged lack of need for the facility. See jd.
OGD's discovery requests involving facility si ing, at-reactor storage, PFS ownership, t
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SV5 and federal agency funding for nuclear power or federal agency assistance in facility siting are beyond the scope of OGD O. as admitted by the Board, and therefore not relevant to the subject matter to which OGD is a party in this proceeding. None of these issues pertain to the alleged disparate impacts that the facility will have on the surrounding community, the sole issue admitted by the Board with respect to OGD Contention O. PFS objects to OGD's request to obtain discovery on these matters.
II.
INTERROGATORIES These interrogatories apply to OGD Contention 0," Failure to Address Environmental Justice Issues."
INTERROG ATORY NO.1. Please state the name, business address, and job title of each person who was consulted and/or who supplied information for responding to interrogatories and requests for the production of documents. Specifically note for which interrogatories and requests for production each such person was consulted and/or supplied information.
If the information or opinions of anyone who was consulted in connection with your response to an interrogatory or request for admission differs from your written answer to the discovery request, please describe in detail the differing information or opinions, and indicate why such differing information or opinions are not your official
. position as expressed in your written answer to the request.
APPLICANT'S RESPONSE: In addition to counsel for PFS, the following persons were consulted and/or supplied information in responding to the OGD's First 1
Discovery Requests:
John Donnell - Interrogatory No. 2; Document Request Nos.1-2.
Project D'irector Private Fuel Storage L.L.C.
7677 East Berry Ave Englewood, CO 80111-2137 3
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Beverly Slack - Document Request No. 6 Assistant Project Director Tapai Project Office Skull Valley Band of Goshute Indians 2480 South Main Street, Room 110 Salt Lake City, UT 84115 In response to whether the information or opinions of anyone who was consulted in connection with PFS's response to an interrogatory differs from the PFS's written answer to the discovery request, PFS is unaware of any such difference among those consulted.
INTERROG ATORY NO. 2. To the extent that PFS has not previously produced documents pertaining to OGD's admitted contention, please identify all such documents not previously produced. PFS may respond to this request by notifying OGD that PFS has updated its repository of documents pertaining to admitted contentions at Parsons, Behle and Latimer.
APPLICANT'S RESPONSE: PFS is aware of no additional documents to produce at this time beyond those previously produced and made available by PFS at its document repository at Parsons, Behle and Latimer in Salt Lake City. PFS will notify OGD upon updating its repository of documents relevant to the admitted OGD j
Contention O maintained at Parsons, Behle and Latimer.
INTERROGATORY NO. 3. Please provide the names, addresses, telephone numbers, facsimile numbers, and titles of each person, employee, agent, representative
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(including attorneys), consultant who evaluated potential sites / locations for the proposed PFS facility and who participated in any manner in the decision to choose the Skull Valley Reservation as the site for the proposed PFS facility.
APPLICANT'S RESPONSE: Applicant objects to this Interrogatory as it requests information that is beyond the scope of OGD Contention 0 as admitted by the Board. See General Objection 3. Specifically, the Contention as admitted by the Board is limited to the asserted " disparate impact" of the PFSF that allegedly results from its 4
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' o location on the Skull Valley Band's Reservation and does not involve the site selection process. See LBP-98-7, supra,47 NRC at 233. Indeed, the Commission has expressly reminded both the Board and the parties that, in accordance with its LES decision, OGD
' Contention O is not to involve litigation of thejustness or faimess of the site selection process or the motivation of those involved in that process. Private Fuel Storage, L.L.C.
(Independent Spent Fuel Storage Installation), CLI-98-13,48 NRC 26,37 (1998).
INTERROGATORY NO. 4. Please identify each person, organization, and/or entity that has a substantial interest in PFS. For the purposes of this interrogatory the phrase " substantial interest" means an interest equal to or greater than five percent (5%)
of the controlling interest or shares of the company. For each perwn and organization identined please provide: (a) if a person-name, address, telephone number, facsimile number, and title; (b) if an organization-complete legal name, location of corporate headquarters, and the name, address, and telephone number for each of the organization's directors and officers.
APPLICANT'S RESPONSE: Applicant objects to this Interrogatory as it requests information that is beyond the scope of OGD Contention 0 as admitted by the Board. See General Objection 3.
INTERROGATORY NO. 5. For each nuclear power facility that may provide waste to be stored at the proposed PFS facility please identify the name, street eddress, city, and state of the facility, and fully describe whether the facility currently stores and/or has room to store the type of wastes planned for storage at the proposed PFS facility.
APPLICANT'S RESPONSE: Applicant ebjects to this Interrogatory as it requests information that is beyond the scope of OGD Contention 0 as admitted by the Board. See General Objection 3. Moreover, this information relates to the third and fourth bases of OGD Cdhtention 0 as originally filed -- both rejected by the Board --
which concerned the amount of additional spent fuel storage capac!ty alle;;edly needed at 5
U.S. power reactors (basis 4) and the alleged benefits ofleaving spent fuel stored on-site at the power reactors as an alternative to the PFSF (basis 3).
III.
DOCUMENT REQUESTS OOD requests the Applicant to produce the following documents directly or indirectly within the possession, custody, and/or control of PFS, its employees, directors, officers, agents (including attomeys), contractors, and/or the companies that have been involved in the formation and/or operation of PFS:
REQUEST NO.1. All documents in your possession, custody or control that are identified, refened to or used in any way in responding to all of the above-stated interrogatories.
APPLICANT'S RESPONSE: No documents were used in responding to the above-stated interrogatories.
REOUEST NO. 2. All documents in your possession, custody or control pertaining to OGD's admitted contention, with the exception of those documents already produced during the informal discovery process.
APPLICANT'S RESPONSE: PFS is aware of no additional documents to produce at this time. PFS will notify OGD upon updating its repository ofdocuments relevant to the admitted OGD Contention O maintained at Parsons, Behle and Latimer in Salt Lake City. See Response to Interrogatory No. 2.
REQUEST NO. 3. All documents (including experts' opinions, notes, workpapers, affidavits, and other materials used to render such opinion) supporting or otherwise relating to testimony or evidence that you intend to use at the hearings in opposition to OGD's admitted contention.
APPLICANT'S RESPONSE: Applicant objects to this Request as being overly broad, vague, unduly burdensome and seeking privileged material. Applicant will provide documents with respee. to its witnesses as agreed to with respect to other parties.
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See Applicant's Objections and Non-Proprietary Responses to State's First Requests for Discovery, Response to General Interrogatory No. 5 (Apr. 21,1999).
REQUEST NO. 4. For PFS and the companies involved in the formation and/or operation of PFS please produce the following documents: (a) the latest annual report, (b) all licenses or permits issued by any state or federal agency, (c) the latest filing with any public utility commission and/or corporations commission, (d) the latest filings with the Securities and Exchange Commission, (e) all licenses and/or permits authorizing the organization to do business in the State of Utah.
APPLICANT'S RESPONSE: Applicant objects to this Request as it requests information that is beyond the scope of OGD Contention 0 as admitted by the Board.
See General Objection 3.
REQUEST NO. 5. Please provide copies of all articles ofincorporation, by-laws, and partnership agreements that pertain to PFS, L.L.C.
APPLICANT'S RESPONSE: Applicant objects to this Request as it requests information that is beyond the scope of OGD Contention 0 as admitted by the Board.
See General Objection 3.
REOUEST NO. 6. To the extent that the Skull Valley Band of Goshute (Band) has not previously produced documents pertaining to OGD's admitted contention, please identify and produce all such documents not previously produced. The Band may respond to this request by notifying OGD that it has placed documents or other information in the repository of documents pertaining to admitted contentions at Parsons, Behle and Latimer.
APPLICANT'S RESPONSE: PFS is aware of no additional documents to produce at this time beyond those previously produced and made available by f FS and the Band.2 PFS will.aotify OGD upon updating the repositary of documents relevant to the admitted OGD Contention O. S R
S esponse to Interrogatory No. 2.
8 Sy Letter from P. Gaukler (Shaw Pittman) to J. Walker (Land and Water Fund of the Rockies) regarding Response to OGD's Infonnal Discovery Requests of October 9,1998 to Applicant PFS and the Skull 7
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REQUEST NO. 7. All documents that are directly or indirectly controlled by PFS, the Band, and/or Tribal Chairperson Leon Bear pertaining in any manner to: (a) any lease agreement (s) and/or other contracts between PFS and the Band, the Band's attorney (s), and/or Chairperson Bear; (b) the payment of funds from PFS to the Band, the Band's attorney (s), and/or Chairperson Bear; (c) any promise made by PFS to provide to the Band, the Band's attorney (s), and/or Chairman Bear with funds; (d) all services provided to the Band, the Band's attorney (s), and/or Chairperson Bear by PFS.
APPLICANT'S RESPONSE: Applicant objects to this Request as it is overly broad and requests information that is beyond the scope of OGD Contention 0 as I
admitted by the Board. See General Objection 3. For example, the negotiations leading
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up to the lease are not related to the issues of disparate impact raised in OGD Contention O. Rather, it is the final lease, as negotiated and agreed to by PFS and the Band, that may be relevant insofar as it identifies paymet:ts and other benefits to the Band. In this regard, the Applicant has produced at Parson, Behle & Latimer's offices in Salt Lake City a copy of the lease which contains information on payments and other benefits to the Band which would be available to OOD for purposes of this proceeding upon executing an appropriate confidentiality agreement.'
PFS is awre of no additional documents to produce at this time beyond those pr Ausly produced and made available by PFS and the Band. PFS will notify OGD upon updating the repository of documents relevant to the admitted OGD Contention O.
Valley Band (Nov. 24,1998); letter from P. Gaukler shaw Pittman) to C. Na hahara (Utah Dep't of Env.
Qual.) regarding Discovery of PFS and the Skull Valley Band (Dec. 3,1998). As stated in the December 3,1998 letter; alth*ough not maintained at their offices, arrangements to review the Skull Valley Band documents can be made through Parsons, Behle and Latimer.
8 A draft confidentiality agreement between ODG and PFS was sent to OGD's counselin January 1999.
g Letter from P. Gaukler (Shaw Pittman) to J. Walker (Land and Water Fund of the Rockies) regarding establishment of a confidentiality agreement (Jan. I1,1999). We have not yet heard back from OGD regarding the draft confidentiality agreement.
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l REQUEST NO. 8. For each nuclear power facility that may provide waste to be stored at the proposed PFS facility please provide all documentation pertaining to any l
funding provided to that facility and/or the facility's owner and/or operator by the NRC l
and/or any other governmental agency.
APPLICANT'S RESPONSE: Applicant objects to this Request as it requests information that is beyond the scope of OGD Contention 0 as admitted by the Board.
See General Objection 3.
1 REQUEST NO. 9. For each nuclear power facility that may provide waste to be stored at the proposed PFS facility please provide all documentation pertaining to any federal financial assistance provided to that facility and/or the facility's owner and/or operator by the NRC and/or any other governmental agency.
APPLICANT'S RESPONSE: Applicant objects to this Request as it requests
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information that is beyond the scope of OGD Contention 0 as admitted by the Board.
See General Objection 3.
REQUEST NO.10. Provide all documents pertainingin any manner to any funding and/or non-monetary assistance promised or received by PFS from the NRC, Department of Energy, and/or any other federal agency or program'that assisted PFS m 1
any manner in identifying the Skull Valley site and/or reaching an agreement to lease the Skull Valley site.
APPLICANT'S RESPONSE: Applicant objects to this Request as it requests information that is beyond the scope of OGD Contention 0 as admitted by the Board.
1 See General Objection 3.
Respectfully submitted, Jay E. Silberg Emest L. Blake, Jr.
Paul A.Gaukler SHAW, PITTMAN, POTTS &
TROWBRIDGE 2300 N Street, N.W.
Washington,DC 20037
.(202) 663-8000 l
Dated: May 20,1999 Counsel for Private Fuel Storage L.L.C.
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a DOCKETED USHi1C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'99 MAY 26 P 2.02 Before the Atomic Safety and Licensing Board Og ADJOU 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 Objections and Responses to OGD's First Requests For Discovery and the Affidavit of Paul A. Gaukler 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 20th day of May 1999.
i G. Paul Bollwerk III, Esq., Chairman Dr. Jerry R. Kline
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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@aol.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 t__ _ _.
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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 i
(Original and two copies)
Catherine L. Marco, Esq.
Denise Chancellor, Esq.
Sherwin E. Turk, Esq.
Assistant Attomey General Office of the General Counsel Utah Attorney General's Office Mail Stop O-15 B18 160 East 300 South,5th Floor U.S. Nuclear Regulatory Commission P.O. Box 140873 Washington, D.C. 20555 Salt Lake City, Utah S4114-0873 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
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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 i
e-mail: deurran@harmoncurran.com e-mail: quintana @xmission.com
- By U.S. mail only 1
N Paul A.Gaukler 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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 AFFIDAVIT OF PAUL A. GAUKLER 1, Paul A. Gaukler, being duly sworn, state as follows:
1.
I am counsel with Shaw Pittman Potts & Trowbridge in Washington. D.C.
2.
I am duly authorized to verify Private Fuel Storage's Responses to OGD's First Requests for Discovery to Applicant Private Fuel Storage; specifically, those responsas to Interrogatory Nos. I and 2.
3.
I certify that the statements in such responses are true and correct to the best of my personal knowledge and belief.
Paul A.Gaukler Sworn to and subscribed A
before me this ao E day of 7.#, m,1999.
g Mk Notary Public d
My commission expires:
$-/d A000 1
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