ML20207E405
| ML20207E405 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/28/1999 |
| From: | Condit R, Jacqwan Walker AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#299-20475 ISFSI, NUDOCS 9906070025 | |
| Download: ML20207E405 (5) | |
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'1 00CKETED May 28,1999 UNITED STATES OF AMERICA "99 alN -4 P3 :28 NUCLEAR REGULATORY COMMISSION niri BEFORE THE ATOMIC SAFETY AND LICENSING BOARD p ;
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In the Matter of-
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Docket No. 72-22 ~ I s F S t PRIVATE FUEL STORAGE L.L.C.
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(Private Fuel Storage Facility)
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INTERVENOR OHNGO GAUDEDAH DEVIA'S MOTION TO EXTEND THE DISCOVERY PERIOD
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Pursuant to 10 C.F.R. j 2.730 Intervenor Ohngo Gaudedah Devia (OGD) requests that the Atomic Safety and Licensing Board (ASLB or Board) extend the time for completion of discovery for two days 1 to allow OGD to depose the Chairman of the Executive Committee for the Skull Valley Band of Goshutes, Mr. Leon D. Bear. In support of this Motion OGD states as follows:2 1.
Chairman Bear has assisted the Applicut in the assessment of OGD's environmental justice contention. To that end, Cheirman Bear has provided crucial info mation to the NRC directly relating to the various aspects of the environmental justice issues that are relevant to 3 The two days will be during the week ofJune 14,1999 in order to allow the parties adequate notice and time to complete most of their other discovery obligations, which have been extended with authorir.ation from the Board.
2 Although OGD provides several bases for extending the discovery period to allow the deposition of Chairman Bear, it is OGD's intee tion to depose Mr. Bear on a full range ofissues regarding OGD's environmentaljustice contention.
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4 licensing the Applicant's proposed facility on the Skull Valley Reservation.a
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Ms. Margene Bullcreek is the Chairperson of OGD and a member of.
the' Skull Valley Band of Goshutes (Band). In a meeting of the Skull Valle'y Band of Goshutes Tribal Council, on or about April 24,1999, the Band reportedly passed resolutions directed, at least in part, to Ms.
Bullcreek. Unfortunately, counsel has only vague information about these resolutions and knows little about their content due to Ms.
Bullcreek's inability to share information about the meeting or the -
j resolutions with counsel. Ms. Bullcreek is unable to share this information due to the fact that she believes that Chairman Bear and other members of the Tribal Council will sanction her for providing
~ information concerning meetings held by the Band and resolutions passed by the Band. Counsel needs to depose Chairman Bear in order to fully understand such restrictions without endangering Ms.
Bullcreek's status in the Band and to obtain actual copies of any resolutions that may impact Ms. Bullcreek's and/or other OGD members' participation in this proceeding. In addition, the Band's restrictions may impact counsel's ability to protect their clients' L
l interests in this proceeding.
r 3 For example, see, the Skull Valley Band of Goshute Indians Responses to Requests for Additional
' Information (ER-1) Private Fuel Storage Facility Docket NO. 72-22/FAC L22462 dated February 16,1999.
- Tius submission was part of a larger package submitted by PFS as Response to EIS Request for Information Private Fuel Storage Facility Docket NO. 72 22/rAC NO. L22462 dated February 18,1999.
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Although it has failed to provide such information to date, the Applicant acknowledges that information about the Gnal lease between the Band and the Applicant as well as other information that describes i
payments and beneSta to the Band may be relevant discovery in aid of OGD's contention. Sqe, Applicant's Objections and Responses to -
OGD's First Requests for Discovery at 8 (Response to Document Request No. 7) dated May 20,1999. OGD needs to obtain this information and can do so most efHeiently by deposing Chairman Bear.
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Finally, the Board has recently granted extensions of the discovery period to other parties adding approximately one to three weeks to the current discovery period. See, Board Order dated May 26,1999. OGD should receive the same consideration for its modest discovery extension request. Furthermore, because the Board has granted the other parties' requests for extension of the discovery period, granting OGD's'similar request will clearly not prejudice the parties.
s tfully
- bmitted, O
R Land and Water Fund of the Rockies 2056 East 3300 South, Suite 1 Salt Lake City, Utah 84109 4
(801) 487 9911 h
RICHARD E. CONDIT l
Land and Water Fund of the Rockies l
2260 Baseline Ro'ad, Suite 200 Boulder, Colorado 80302 (303) 444-1188 ext. 219 3
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00CKETED USHRC o9 JUN -4 P3 :28
' UNITED STATES OF AMERICA BEFORE THE Off i; -
NUCLEAR REGULATORY COMMISSION. ((
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' Private Fuel Storage, a Limited Docket No. 72-22 Liability Company; ASLBP No.97-732 02-1 ISFSI (Independent Spent Fuel Storage MAY 28,1999 Installation).
CERTIFICATE OF SERVICE I hereby certify that copies of Ohngo Gaudedah Devia's Motion to Extend the Discovery Period 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 kierrv@erols.com Dr. Peter S. Lam Jay E. Silberg Administrative Judge Shaw, Pittman, Potts & Trowbridge Atomic Safety and Licensing Board 2300 N Street, NW Panel U.S. Nuclear Regulatory Washington, D.C. 20037
' Commission jay._silberg@shawpittman.com
' Washington, D.C. 20555 0001 ernest _blake@shawpittman.com e-mail: PSIRnrc.cov paul _gaukler@shawpittman.com i
Office of the Secretary
- Adjudicatory File l
U.S. Nuclear Regulatory Atomic Safety and Licensing Board l
Commission Panel L
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- Washington, D.C. 20555-0001-U.S. Nuclear Regulatory Attention: Rulemakings and Commission
' Adjudications
.- Washington, D.C. 20555 0001 Staff-e-mi11: hearingdocket@nrc. gov =
l (Original ~and two' copies) 1 L Catherine L.' Marco, Esq.-
Denise Chancellor, Esq.
- Sherwin E. Turk, Esq.
. Assistant Attorney 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
. P.O. Box 140873 -
- Commission '.
' Salt Lake City, Utah 84114 0873 Washington, D.C. 20555
-e. mail: dchancel@ state.UT.US ofscase@nrc. gov '-
set @na. gov cim@nrc. gov John Paul Kennedy, Sr., Esq.-
Danny Quintana, Esq.
Confederated Tribes of the Goshute ! - 50 West Broadway, Fourth Floor -
Reservation and David Pete Salt Lake City, Utah 84101 1885 Yale Avenue e mail: quintana @xmission.com-4 Salt Lake City, Utah-84105 e mail: iohn@kennedvs. ore Diane Curran, Esq.
Daniel Moquin
' Harmon, Curran, Spielberg &
- Utah Attorney General's Office 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 B.y U.S. mail only A-Joho Walkek -
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