ML20207E385
| ML20207E385 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/28/1999 |
| From: | Condit R, Jacqwan Walker AFFILIATION NOT ASSIGNED |
| To: | |
| References | |
| CON-#299-20474 ISFSI, NUDOCS 9906070019 | |
| Download: ML20207E385 (9) | |
Text
V% ggy79 g m CORRESPONDD G 00CKETED May 28, b UNITED STATES OF AMERICA 99 JLN -4 P3 :31 NUCLEA'R REGULATORY COMMISSION i
BEFORE THE' ATOMIC SAFETY AND LICENSINbhARD ADJU!:t h
In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72 I S 0s l
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(Private Fuel Storage Facility)
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NOTICE OJ DEPOSITION FOR LEON D. BEAR
'i)ursuant to 10 C.F.R. {j 2.740(b), 2.740s, and Federal Rules of Civil Procedure 26(b) and 30, OGD will take the deposition under oath of Mr. Leon D.
Bear. Mr. Bear is currently the Chairman of the Executive Committee of the Skull Valley Band of Goshutes. The deposition will commence on Wednesday, June 16, 1999 at 10:00 a.m. and will continue from day to day until completed.
The i
deposition will be held at the building that houses the offices of the Utah Attorney General, Heber Wells State Office Building,160 East 300 South, North Main Floor Conference Room, Salt Lake City, Utah. The deposition will be taken down and transcribed by a person (s) authorized to administet oaths in the state of Utah. The Witness will be asked to testify about matters relevant to OGD's contention and the Applicant's and Band's defenses in the above captioned case.
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9906070019 990528 PDR ADOCK 07200022 C
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c This Notice of Deposition includes a Schedule of Documents and i
extends to all responsive information and documents within the Witness' I
and/or the Band's custody or possession or otherwise subject to their control, whether located on business premises, at the residences or offices of the Band's agents, attorneys, contractors, sub-contractors, officers, directors, representatives, employees, subsidiaries, affiliates, and parts, or elsewhere.
If any responsive information or documents cannot or are not produced in full, identify all such information and documents; provide a complete and accurate account of the reasons for nonproduction and the circumstances surrounding their destruction, loss, or unavailability; identify persons w%
personal knowledge of the circumstances surrounding their destruction, loss, or unavailability; and respond to the fullest extent possible.
If any responsive information is withheld on the grounds of privilege, the Witness (or counsel where appropriate) must be prepared at the time of the deposition to identify:
(a.) the persons with knowledge of, access :c, or in possession of all such information; (b.)
all other persons who have seen or learned of all such information; (c.)
the method by which, and the reasons why, each such person obtained access to such information; (d.) the subject matter and substance of all such information; l
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(e.) the specific basis for the claim of privilege; and (f.) all other information necessary to adjudicate the propriety of any
' claim of privilege.
Respectfully submitted,
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1 JORO hE Land and Water Fund of the Rockies 2056 East 3300' South, Suite 1 Salt Lake City, Utah 84109 (801) 487-9911 A
RICHARD E. CONDIT Land and Water Fund of the Rockies 2260 Baseline Road, Suite 200 Boulder, Colorado 80302 (303) 444-1188 ext. 219 i
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i SCHEDULE OF DOCUMENTS TO BE PRODUCED
. BY MR. LEON D. BEAR ON JUNE 16,1999 Pursuant to the attached Notice of Deposition, please provide the following documents (the words document and documents are defined in Appendix A (attached))'at the commencement of the above noticed deposition.
1.
All documents pertaining to and/or referred to in preparation of the letter l
and attachment submitted by Chairman Bear to the NRC on February 16, 1999. This letter and attachment discussed issues relevant to OGD's.
environmentaljustice concerns.
2.
All Band resolutions and documents pertaining to resolutions that refer to Margene Bullcreek and/or OGD.
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The final lease agreement between the Band and the Applicant.
4.
All documents pertaining to the yearly general council meetings held by the Band during the period 1991 through the present, including, but not limited to, copies of notices, ettendance records, minutes, agendas, and resolutions.
5.
A list of currently enrolled Band members.
6.
All documents pertaining to the Band's Executive Committee meetings and decisions for the period 1991 through the present, including but not limited to, copies of notices, attendance records, minutes, agendas, and resolutions.
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All documents pertaining to paymenis, the promice of payments, and/or l'
services provided by the Applicant and/or its attorneys, agents, or contractors to Chairman Bear and/or the Band or its attorneys, contractors, or agents.
8.
All documents pertaining to the rules for conducting General Council and
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Executive Committee meetings, including but not limited to, rules for j
obtaining a quorum and rules for passage of resolutions.
9.
All lists of members of the General Council for exh of the years 1995 1
through the present.
This request does not include documents that have already been provided by the Witness or Band and asc known to be in OGD's possession.
i Responsive documents that the Witness or Band believes have already been provided to OGD should be identified at the time of the deposition.
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>4 APPENDIX A ~
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The words " record", " records", " document", and " documents" as used in this
, - Schedule of Documents means the original or a copy of the original and any nonidenticEl, copy, including copies with - marks,1 comments ; or marginal
! notations,1regardless of original location, of 'any ~ recorded, written, printed, typed or other graphic material of any kind,' variety, character or type,-
y including)by way of example but not limited to the following: agendas, reports, recommendations, transcripts, ' minutes, charters, books, recards, contracts, subcontracts, requests for proposals, proposals, bids, Commerce Business" Daily-and' Federal Reaister notices, contract modifications,
' deliverables,1 ' drafts, final products, questions, comments,-- suggestions, -
agreements, invoices, orders, bills, certificates, deeds, bills of sale, certi6 cates
. of. title, ' financing statements, instruments, - expense. accounts, receipts,
. disbursement journals,- tax" returns, financialt statements,s check stubs, promissory notes, resumes, address books, Lappointment books, telephone messages, telephone logs, notes, logs,- voice mab recordings, worksheets,
pictures, income statements, profit and loss statements,' deposit slips, credit card receipts, records or notations of telephone or' personal conversations, conferences, intraoffice communications, postcards, letters, telex, partnership agreements, catalog price lists, sound,~ tape and~ video ' records, memoranda I
)(including written memoranda ~ of telephone conversations, other
.' conversations, discussions, agreements, acts and activities), manuals, diaries, 1
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- calen'dars or desk ' pads, scrapbooks, notebooks, correspondence, bulletins, circulars l1 policies,= forms,'. pamphlets; notices,- statements, journals, letters, telsgrams,; ; reports, interoffice ~ communications, photostats,. microfilm, microfichs, maps, telefax, facsimiles received br sent, facsimile cover sheets,
, dgposition i transcripts,. ' drawings, blueprints, photographs, negatives, computer files, floppy' disk's, compact disks, e-mail, backup systems or disks, :
and any other data,'information or statistics contained within any data storage modules, discs,' or any other memory devices (including IBM or
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similar cards for information, data, and programs) or any other information i
retrievable on storage systems,' including computer generated reports and.
print-outs.
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00CKETED UNITED STATES OF AMERICA USHRC BEFORE THE l
~ NUCLEAR REGULATORY COMMISSION
'99 JW -4 P3 :31 ASLBP No.97-732;q2 {00 -O (!p Private Fuel Storage, a Limited Docket No. 72 22 Liability Company;.
3 AFF ISFSI (Independent Spent Fuel Storage MAY 28,1999 Installation).
CERTIFICATE OF SERVICE I hereby certify that copies of Ohngo Gaudedah Devia's Notice of Deposition and Schedule of Documents directed to Mr. Leon D. Bear 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 28th day of May 1999.
G. Paul Bollwerk III, Esq.,
Dr. Jerry R. Kline Chairman Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 0001 Washington, D.C. 20555 0001 e mail: JRK2@nrc. gov; e mail: GPB@nrc. gov kjerry@erola.com Dr. Peter S. Lam Jay E. Silberg Adminintrative Judge Shaw, Pittman, Potts & Trowbridge Atomic Safety and Licensing Board 2300 N Street, NW l
Panel U.S. Nuclear Regulatory Washington, D.C. 20037
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Commission jay _sil'oerg@shawpittman.com j
Washington, D.C. 20555-0001 ernest _blake@shawpittman.com j
. e-mail: PSIl@nrc. gov paul _gaukler@shawpittman.com Office of the Secretary i
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i U.S) Nuclear Regulatory
-
- Adjudicatory File j
Commission ?
Atomic Safety and Licencing Board
- Washington, D.C. 20555 00_01?
Panel
' l Attentioni Rulemakings and
. U.S. Nuclear Regulatory 1 Adjudications
-Commission.
1 Staff :
- Washington, D.C. 20555-0001
.e-mail: hearingdocket@nrc; gov.
1 f(Original'and two copies)..
. Catherine L. Marco, Esq.L Denise Chancellor, Esq.
1 Sherwin E. Turk, Esq.
Assistant Attorney General l
Office of the General Counsel.
Utah Attorney General's Office i
Mail Stop O 15 B18 160 East 300' South,' 5th Floor U.S. Nuclear Regulatory P.O. Box 140873 -
y
. Commission Salt Lake City, Utah 84114-0873 i
Washington, D.C. 20555
- e. mail: dchancel@ state.UT.US pfscase@nrc. gov j
' set @nrc. gov clm@nrc. gov.
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John Paul Kennedy, Sr.,'Esq..
Danny Quintana, Esq.
i Confederated Tribes of the Goshute'-
50 West Broadway, Fourth Floor Reservation and David Pete.
. Salt Lake City, Utah 84101 1385 Yale Avenue e mail: quintana @xmission.com
' Salt Lake City, Utah 84105 -
e-mail: John @kennedys.org Diane Curran, Esq.
DanielMoquin Harmon, Curran, Spielberg &
Utah Attorney General's OfHee Eisenberg, L.L.P.
1594 West North Temple 1726 M Street, N.W.', Suite 600.
Suite # 300
. Washington, D.C. 20036 Salt Lake City, Utah 84114-0855 e.-mail: deurran@harmoncurran.com
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- By U.S. mail only J
Joro Walker) l
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