ML20207D735

Memorandum & Order (Providing Opportunity to Address Import or License Application Amend.* Informs That Licensee,State & Staff Have Until 990608 within Which to Address Question of Import.With Certificate of Svc.Served on 990602

ML20207D735
Person / Time
Site:	07200022
Issue date:	06/02/1999
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), UTAH, STATE OF
References
CON-#299-20461 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9906040067
Download: ML20207D735 (5)

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UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION US4RC ATOMIC SAFETY AND LICENSING BOARD 9 JUN -2 P2 :06 Before Administrative Judges:

OFF! 'o 1

G. Paul Bollwerk, III, Chairman Ris. '

Dr. Jerry R. Kline ADf G e Dr. Peter S. Lam SERVED M - 21999 In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel June 2, 1999 Storage Installation)

MEMORANDUM AND ORDER (Providing Opportunity to Address Import of License Application Amendment)

Applicant Private Fuel Storage, L.L.C., (PFS) has provided the Board with a copy of Amendment No. 3 to its June 1997 application to construct and operate a 10 C.F.R. Part 72 independent spent fuel storage facility in Skull Valley, Utah. Among other things, that amendment, which is dated May 19, 1999, and was sent to intervenor State of Utah (State), revises chapter eight of the PFS Safety Analysis Report (SAR) to incorporate what appears to be a revised dose analysis for a postulated loss of confinement event that PFS initially provided to the NRC staff in its February 10, 1999 responses to the staff's December 10, 1998 Requests for Additional Information (RAIs).

9906040067 990602 -'

i PDR ADOCK 07200022 l

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This information also is the subject of an April 21, 1999 PFS motion for summary disposition regarding contention Utah C, as is the fact that at the time of the motion the revised analysis had not been submitted as a license application amendment. Under the circumstances, we will provide movant PFS and the responding parties, the State and the staff, a brief opportunity to address the significance, if any, of the license application amendment to the pending dispositive motion.

Accor.dingly, PFS, the State, and the staff shall have up to and including Tyesday, June 8, 1999, within which to address the question of the import, if any, of the May 1999 PFS application amendment upon the arguments previously made i in support of, or in opposition to, the pending PFS I dispositive motion regarding Utah C. Absent leave of the Board, party briefs on this matter should not exceed seven naaes. 3 i

The filings permitted under this memorandum and order should be served on the Board, the Office of the Secretary, and counsel for the other participants by facsimile  ;

1 transmission, e-mail, or other means that will ensure receipt by midnight Eastern Time (ET) on the day of filing.

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

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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).

It is so ORDERED.

i FOR THE ATOMIC SAFETY AND LICENSING BOARD

• j h% IWnr G. Paul Bollwerk, III I l

ADMINISTRATIVE JUDGE Rockville, Maryland June 2, 1999 l

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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 staff.

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' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION  !

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 RE LICENSE APP AMENDM'T-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.

i Administrative Judge l Office of Commission Appellate G. Paul Bollwerk, III, Chairman  !

Adjudication . Atomic Safety and Licensing Board Panel l

- U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 l Washington, DC 20555 U.S. Nuclear Regulatory Commission. i Washington, DC 20555  ;

Administrative Judge Administrative Judge Jerry R. Kline Peter S. Las 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 l t

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, Guite 600 l 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 8410g

l Docket No.(s)72-22-ISFSI i L8 M&O RE LICENSE APP AMENDM'T l

Denise Chancellor, Esq.

Assistant Attorney General Daniel G. Noquin, Esq. i 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 I 2300 N Street, NW Reservation and David Pete l Washington, DC 20037 1385 Yale Avenue Salt Lake City, UT 84105 l 1

i 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. l Boulder, CO 80302 50 West Broadway, Fourth Floor i Salt Lake City, UT 84101 Richard Wilson Department of Physics Harvard University Cambridge, MA 02138 Dated at Rockville, Md. this  !

2 day of June 1999 g Office of the Secretarf'of the Confission 1 l

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