ML20207E400
| ML20207E400 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 06/04/1999 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#299-20471 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9906070024 | |
| Download: ML20207E400 (5) | |
Text
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DOCHETED
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UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND' LICENSING BOARD:
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Before Administrative Judges:
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Paul Bollwerk, III, Chairman ADJUdi-F oFF-1 l
Dr. Jerry R.
Kline Dr. Peter S.
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In the Matter of Docket No. 72-22-ISFSI
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PRIVATE FUEL STORAGE, L'.L.C.
ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel June 4, 1999 j
Storage Installation)
SERVED'JAf - 41999 ORDER (Ruling on Discovery and-Summary Disposition Time Extension Filings)
Upon consideration of (1) intervenor Ohngo Gaudadeh Devia's (OGD) June 2, 1999 motion to defer action on-its May 27, 1999 motion to compel applicant Private Fuel
- Storage, L.L.C.,
(PFS) to respond to OGD's May 10, 1999 discovery requests; and (2) the NRC staff's June 3, 1999 motion for extension of time to file its response to the PFS May 19, 1999 motion for summary disposition on contention I
Utah H, it is ORDERED, that (1) the'OGD June 2, 1999 motion to defer action on its motion to compel is aranted; (2) OGD shall!
' file a statement with : the Board on or before Wednesday.
. June 9, 1999, specifying what portions of its May 27 motion to' compel no longer require _ Board action; and (3)'PFS shall i
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3 file its response 1regarding.any portions ofLthe OGD motion tofcompeli stilli at issue within seven days' of. the date -upon which the'OGD statement of matters not'in controversy ~is j
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i filed;* and it is FURTHER ORDERED, that (1) the. staff's June 3, 1999 1
motion.foriext'ensionLof time:to respond to'the PFS May 19,-
1999 motion for-summaryfdisposition on' contention Utah H is
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oranted; (2)1the" staff and intervenor State of Utah-(State) shall' have up to and including : Fridav. June 25, 1999, within which toffile responses to'the PFS summary disposition motion;
- and- (3), responses opposing responses' supporting the 1
= motion shall be filed on or before Fridav,.Julv 9, 1999.
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- This response. deadline is in line with the response
- period established in the Board's general directive
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regarding' discovery motions.
Egg Licensing Board Memorandum and Order (Additional General. Schedule Guidance and-Informal Discovery Status Conference Schedule) (Aug. 20, 1998) at 4 (unpublished).
Such a seven-day period also would be j
. applicable to any OGD response to the PFS motion, filed this i
Edate, to quash the deposition of Leon Bear.
2 1 In its motiori, the staff represents that the State
-requests a'similar extension:of time to file its response to the1PFS motion, which PFS opposes absent a showing of good i
cause that it asserts has not been made.
Sag NRC Staff's Motion :for Extension of Time to File Response to [PFS)
Motion for Summary Disposition (Contention H) (June 3, 1999) at'3n PFS's point normally would be~well'taken.
In this
-instanceL however, the rule governing summary disposition j
1 responses: contemplates simultaneous filings by those
- opposing'andL aupporting the motion.
Sgg 10 C.F.R.
As a consequence, in the absence of any i
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apparent reasonLwhy the rule's filing sequence should not be J
observed, we. grant the State (which it is reasonable to
- a7sume.will' oppose the-PFS motion) a similar extension.
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The filings permitted under-this order should be served on'the Board, the Office of the Secretary, and counsel for
'the other participants.by facsimile transmission, e-mail, or other means that will ensure receipt by midnight _ Eastern Time'(ET) on the day of filing.
DEgg Licensing Board Memorandum and Order (Initial Prehearing Order) (Sept. 23,
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1997) at 5-6 (unpublished); Licensing Board Memorandum and Order (Additional Guidance on Service Procedures) (Nov. 19, 1997) (unpublished);-Licensing Board Memorandum and Order (Schedule for Telephone Conference and Directives Regarding j
Expedited Service) (Sept.
2, 1998) at 2-3 (unpublished).
FOR THE ATOMIC SAFETY
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3 AND LICENSING BOARD
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'G.
Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland June 4, 1999 3 Copies of this order were sent this'date by Internet e-mail transmission to counsel for (1) applicant PFS; (2) intervenors Skull Valley Band'of Goshute Indians, OGD, Confederated Tribes'of the Goshute Reservation,' Southern f
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. Utah' Wilderness Alliance, and the State; and.(3) the staff.
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,g UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PRIVATE FUEL STORAGE,' LLC
. Docket No.(s) 72-22-ISFSI l(Independent Spent Fuel: Storage Installation)
CERTIFICATE OF SERVICE I hereby certify that cooles of the foregoing LB ORDER--RUL'S ON DISCOVERY..
have been served upon the voilowing persons by U.S. mail, first class, except-as otherwise noted.and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge
.'0ffice of Commission Appellate G. Paul Bo11werk III, Chairman
' Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail.Stop - T-3.F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R.;Kline Peter S. Las
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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 Regulatcry Commission Washington, DC 20555 Washington, DC ' 20%5 Sherwin E. Turk,.Esq.
Catherine L.'Marco, Esq.
Diane curran, Esq.
Office of the General Counsel harmon, Curran, Spielberg Mail Stop.- 0-15 818
& Eisenberg, L.L.P.
U.S. Nuclear. Regulatory Lv. mission 1726 M Street, NW, Suite 600
-Washington, DC -20555 Washington, DC 2003G 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 84109
(,
i Docket No.(s)72-22-ISFSI LB ORDER--RUL'S ON DISCOVERY..
I Denise Chancellor, Esq.-
Assistant Attorney General Daniel G. Moquin, Esq.
Utah Attorney Generel'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 l Salt Lake City, UT 84114 Jay E. Silberg, Esq.
John Paul Kennedy, Esq.
Shaw, Pittman, Potts & Trowbridge Confederated Tribes of the Goshute 2300 N Street, NW Reservation and David Pete Washington, DC 20037 1385 Yale Avenue Salt Lake City, UT 84105 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.
Boulder, CO 80302 50 West Broadway, Fourth Floor Salt Lake City, UT 84101 Richard Wilson ~
Department of Physics Harvard University Cambridge,'MA 02138 l
Dated at Rockville, Md. this 4 day of June 1999
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