ML20207A586
| ML20207A586 | |
| 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-#299-20433 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9905270049 | |
| Download: ML20207A586 (5) | |
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?) MY 26 P2 :03 UNITED STATES OF AMERICA NUCLEAR IEGULATORY COMMISSIO9FFE RL m i
ADJUL n :F st 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 APPLICANT'S RESPONSE TO STATE'S PARTIAL MOTION TO STRIKE Applicant Private Fuel Storage L.L.C. (" Applicant" or "PFS") files this response to the State of Utah's Partial Motion to Strike Applicant's Response to Motion to Compel
(" Motion") and urges that the Motion be denied. In its Motion, the State claims that l
when PFS characterized responding to the State's document requests as " burdensome," in its response to the motion to compel, PFS raised a new objection which was not made in its initial objections, and that therefore the word " burdensome" should be stricken from the Applicant's response.'
The State's claim is not correct. In both its objections and its response to the State's motion to compel, PFS objected and argued that the requests are overbroad and
' Motion at 1. The sentence in Applicant's response that contains the word " burdensome" which the State seeks to strike states as follows: " Applicant, however, will not coincidentally be responding to the State's burdensome document requests but continues to object to these overly broad and irrelevant requests."
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not relevant. PFS did not object on the grounds of burden, and no arguments of burden were advanced by PFS in its response to the State's motion to compel. Rather, as I
explained by counsel for PFS in his phone conversation with counsel for the State,2 use of the term " burdensome" was in the context of explaining why Applicant was voluntarily responding to the interrogatories, to which Applicant had previously objected, but was not responding to the document requests. In this context, particularly, burdensome was simply an accurate and truthful general description of the elTort involved in responding to overbroad and irrelevant discovery requests. It did not connote any new objection made by Applicant, nor were any arguments made to such effect (which is confirmed by the fact that the State seeks to strike only the word " burdensome" and no associated text or j
argument).
In short, the State's Partial Motion to Strike is not only unjustified but irrelevant as well since it does not affect the substantive arguments on the Motion to Compel.
l Applicant's Response to State of Utah's Proprietary and Non-Proprietary Motions to Compel Applicant to Respond to State's First Set of Discovery Requests at 9 (emphasis in original).
2 May 11,1999 telephone conversation between Paul Gaukler and Diane Curran. PFS notes that the State had initially also taken issue with PFS's use of the term " overly broad" and the related argument of overbreadth, but dropped this issue after counsel for Applicant pointed out that PFS had objected to the S pplicant's Objections and Proprietary Responses to State's document requests as being "overbroad." S A
First Requests for Discovery at 4.
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Respectfully submitted, Inuh i
Jay E. Silberg Ernest L. Blake, Jr.
Paul A. Gaukler SHAW, PITTMAN, POTFS & TROWBRIDGE 2300 N Street, N.W.
Washington,DC 20037 (202) 663-8000 Dated: May 20,1999 Counsel for Private Fuel Storage L.L.C.
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USNRC UNITED STATES OF AMERICA
'99 MAY 26 P2 :03 NUCLEAR REGULATORY COMMISSION OFR R v,..
l 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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Docket No. 72-22
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l (Private Fuel Storage Facility)
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CERTIFICATE OF SERVICE I hereby certify that copies of the Applicant's Response To j
State's Partial Motion To Strike was 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 ofMay 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 e-mail: GPB@nrc. gov e-mail: JRK2(alnrc. 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 l
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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 Washingten, 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 Attomey General Office of the General Counsel Utah Attorney General's Oflice Mail Stop O-15 B18 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.
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
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- By U.S. mail only P' ul A. Gaukler i
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l Document #; 762011 v.I 2