ML20207E429
| ML20207E429 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/28/1999 |
| From: | Condit R, Jacqwan Walker AFFILIATION NOT ASSIGNED, SOUTHERN UTAH WILDERNESS ALLIANCE |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| CON-#299-20476 ISFSI, NUDOCS 9906070034 | |
| Download: ML20207E429 (10) | |
Text
Y CMAM 00Rnrson'JDF'JCE DDCKETED May 28,INd UNITED STATES OF AMERICA 99 JUN -4 P3 :21 l
NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BgRD RU L.~
ADJUL MF In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72 22 - IsFSL
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(Private Fuel Storage Facility)
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INTERVENOR SOUTHERN UTAH WILDERNESS ALLIANCE'S RESPONSES TO THE APPLICANT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Below Intervenor Southern Utah Wilderness Alliance (SUWA) provides its responses and objections to Private Fuel Storage's (PFS or Applicant) first set ofinterrogatories and document requests.
RESPONSES TO INTERROGATORIES INTERROGATORY NO.1. State the name, business address, and job title of each person who was consulted and/or who supplied information for responding to interrogatories, requests for admissions and requests for the production of documents. Specifically note for which interrogatories, requests for admissions and requests for production each such person was consulted and/or supplied information.
If the information or opinions of anyone who was consulted in connection with your response to an interrogatory or request for admission differs from your written answer to the discovery request, please describe in detail the differing information or opinions, and l
indicate why such differing information or opinions are not your official l
position as expressed in your written answer to the request.
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Response: - Dr. Jim Catlin provided information that was utilized in-SUWA's response to each of PFS's interrogatories. Dr. Catlin's contact 1
information is:
Project Director:
Wild Utah Project.
165 S. Main Street -
Salt Lake City, Utah 84111 801-328 3550 i
INTERROGATORY NO. 2. Please provide the name, address, profession, employer, area of professional expertise, and educational-and scientific experience of each person whom SUWA expects to call as a witness or expert witness at the hearing and the subject matter about which each witness or expert witness will testify. For each expert witness please include a list of all publications authored by the witness within the preceding ten years and a listing of any other cases in which the witness has testified as an expert at a trial, hearing or by deposition within the preceding four years. Please describe the subject matter on which each of the witnesses is expected to testify at the hearing by detailing the facts and opinions to which each witness is expected to testify, including a summary of the grounds for each opinion, and identify the documents (including all pertinent pages or.
parts thereof), data or other information which each witness has reviewed and considered, or is expected to consider or to rely on for his or her testimony.
Response
Because the hearing on SUWA's contention is not t
scheduled to be heard until 2001, the group has not determined whom it may call to testify. SUWA will update this response as required by 10 C.F.R. f 2.740(e) as determinations are made regarding witnesses.
INTERROGATORY NO. 3. Identify and fully describe each alternative to the proposed alignment of the Low Corridor railline that SUWA asserts would have fewer or less severe environmental impacts than 2
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the alignment now proposed by PFS, including the precise alignment of each proposed alternative, and the scientific and technical bases for SUWA's position.
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Response
SUWA' objects to this interrogatory because the question is in direct conDict with the determination of the Commission on the issue of 1
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alternative analyses. In the Matter of Private Fuel Storage. Dkt. NO'. 72 22 ISFSI,' CLI 9910 (1999) (slip op, at 10 - 12).
Without waiving this objection, SUWA is unaware of any tail configuration that would not detrimentally injure the wilderness i
characteristics of the North Cedar Mountain area. Rail configurations that might pose the least damage to the region may be those most closely aligned with the highway that currently runs through Skull Valley. Further, as Dr.
~Catlin stated in his second declaration,19, "[a]n alternative alignment to the proposed rail spur that avoided the North Cedar Mountain roadless area...
and/or ran two miles to the east of the current aliomment ([so long as the alignment avoided] sensitive wetlands, etc.) would have less impact on the wilderness character of the North Cedar Mountain roadless area...."
INTERROGATORY NO. 4. For each alternative identi6ed by SUWA, identify and fully describe each environmental impact that SUWA asserts PFS's proposed rail alignment would have that SUWA's rail alignment alternative would not have, the specific environmental impacts associated with SUWA's alternative that PFS's proposed rail alignment would not have, and the scientific and technical bases
- therefor, a
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Response: SUWA objects to this interrogatory because the question is in direct conflict with the determination of the Commission on the issue of alternative analyses. In the Matter of Private Fuel Storace. Dkt. NO. 72 ISFSI, CLI 9910 (1999) (slip op. at 10 - 12).
Without waiving this objection, SUWA states that negative impacts to the roadless character of the North Cedar Mountains, as identified in both'of Dr. Catlin's Declarations, would be lessened proportionately as the alignments were moved vertically away from the North Cedar Mountains.
This is because these types ofimpacts tend to lessen proportionately as the source of the impacts are moved from the target of the impacts.
Furthermore, if SUWA develops this analysis, it will supplement this interrogatory appropriately and in a timely fashion as is required by the regulations that govern this proceeding.
INTERROGATORY NO. 5. Identify and fully describe the feasibility of building and using, for the shipment of spent fuel transportation casks, each of the rail line alignment alternatives identified by SUWA in Interrogatory No. 3, and the scientific, technical and engineering bases therefor.
4 Response: SUWA objects to this interrogatory because the question is in direct conflict with the determination of the Commission on the issue of alternative analyses. In the Matter of Private Fuel Storage. Dkt. NO. 72-22
- ISFSI, CLI 9910 (1999) (slip op. at 10 - 12).
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a However, if SUWA develops this analysis, it will supplement this interrogatory appropriately and in a timely fashion as is required by the regulations that govern this proceeding.
INTERROGATORY NO. 6. Identify and fully describe the cost to build and maintain each of the rail line alignment alternatives identified by SUWA in Interrogatory No. 3, along with the factual and any other bases supporting SUWA's estimates' of those costs.
Response: SUWA objects to this interrogatory because the question is in direct conflict with the determination of the Commission on the issue of alternative analyses. In the Matter of Private Fuel Storare. Dkt. NO. 72 22 ISFSI, CLI 9910 (1999) (slip op. at 10 - 12).
However, if SUWA develops this analysis, it will supplement this interrogatory appropriately and in a timely fashion as is required by the regulations that govern this proceeding.
RESPONSES TO DOCUMENT REQUESTS REQUEST NO 1: Any documents related to the claims raised by SUWA in Contention SUWA B, as admitted by the Board.
Response: The documents requested are located at the Utah Office of the Law Fund, 2056 East 3300 South Street, Suite 1, Salt Lake City, Utah 84109 and are available for inspection and copying.
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,3 REQUEST'NO. 2: All documents, data or other information generated, reviewed, considered or relied upon by any expert -or consultant assisting SUWA with respect to SUWA B.'
Response: The documents requested are located at the Utah Office of the Law Fund, 2056 East 3300 South Street, Suite 1, Salt Lake City, Utah-
'84109 and are available for inspection and copying.
_ REQUEST NO. '3: ' All calculations, studies, evaluations,~ analyses or other documents relating to the environmentalimpacts of ths Low Corridor rail line in its alignment as proposed by PFS.
Responsei The' documents requested are located at the Utah Office of the Law Fund, 2056 East 3300 South Street, Suite 1,' Salt Lake City, Utah 84109 and are available for inspection and copying.
REQUEST NO. 4: All documents identifying any alternatives proposed or endorsed by SUWA to PFS's proposed alignment of the Low Corridor railline.
SUWA objects to this request because the question is in direct conflict j-with the determination of the Commission on the issue of alternative analyses and therefore outside the scope of SUWA's contention. In the Matter of Private Fuel Storare, Dkt. NO. 72-22-ISFSI, CLI 9910 (1999) (slip l
op. at 10 - 12). However, if SUWA acquires these documents, it will inform
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. PFS and make these documents available for inspection and copying.
l REQUEST NO. 5: All documents identifying the ownership of the land that would be traversed by the alternatives proposed or endorsed by SUWA to PFS's proposed alignment of the Low Corridor railline.
SUWA objects to this request because the question is in direct conflict with the determination of the Commission on the issue of alternative B
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analyses and therefore outside the scope of SUWA's contention. In the Matter of Private Fuel Storare. Dkt. NO. 72-22-ISFSI, CLI-99-10 (1999) (slip op, at 10 - 12). However, if SUWA acquires these documents, it willinform PFS and make these documents available for inspection and copying.
REQUEST NO. 6: Sil calculations, studies, evaluations, analyses or ~
other documents relating to the environmentalimpacts of any potential alignment of the Low Corridor railline other than that proposed by PFS.
- Response: SUWA objects to this request because the question is in -
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direct conflict with the determination of the Commission on the issue of alternative analyses and therefore outside the scope of SUWA's contention.
In the Matter of Private Fuel Storare. Dkt. NO. 72 22-ISFSI, CLI 9910
' (1999) (slip op. at 10 - 12). SUWA is unaware of any responsive documents.
4 However, if SUWA acquires these documents, it will inform PFS and make i
these documents available for inspection and copying.
REQUEST NO. 7: All documents relating to the environmental impacts of any alternatives to PFS's proposed alignment of the Low Corridor rail line that SUWA asserts would have fewer or less severe environmental impacts than the alignment now proposed by PFS.
Response: See Response to Request No. 6.
i REQUEST NO. 8: All documents concerning the scientific, technical, j
or engineering feasibility of building and using, for the shipment of spent fuel transportation casks, each of the alternative rail line alignments for the Low Corridor rail line that SUWA asserts would have fewer or less severe environmentalimpacts than the alignment now proposed by PFS.
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Response: See Response to Request No. 6.
REQUEST NO. 9: All documents concerning the cost to build and maintain each of the alternative alignments for the Low Corridor railline that SUWA asserts would have fewer or less severe environmental impacts 7
than the alignment now proposed by PFS, including those documents
- providing the factual basis supporting SUWA's estimates of those costs.
Response: See Response to Request No. 6.
Dated the 28th of May,1999.
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. JORO WALKER Land and Water Fund of the Rockies 165 South Main Street, Suite 1 Salt Lake City, Utah 84111 (801) 487 9911
/(kW 0fl If 'O RICHARD CONDIT
. Land and Water Fund of the Rockies 2260 Baseline Road, Suite 200 Boulder, Colorado 80302 (303) 444-1188 ext. 219 1
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9 00CKETED US"RC UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION Y) JUN -4 P3 :20 Op.
Private Fuel Storage, a Limited Liability Docket No. 72-22 Company; ASLBP No.97-732 ADi#
'F ISFSI (Independent Spent Fuel Storage MAY 28,1999 Installation).
CERTIFICATE OF SERVICE i
I hereby certify that copies of Ohngo Gaudedah Devia's and SUWA's Responses to Applicant's First Set ofInterrogatories and Document Requests 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.
3 G. Paul Bollwerk III, Esq., Chairman Dr. Je Ty R. Kline Administrative Judge Administrative Judge i
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@nre. gov; kjerry@erols.com Dr. Peter S. Lam Jay E. Silberg Administrative Judge Shaw, Pittman, Potts & Trowbridge Atomic Safety and Licensing Board Panel 2300 N Street, NW U.S. Nuclear Regulatory Commission Washington,D.C. 20037 Washington, D.C. 20555-0001 jay _silberg@shawpittman.com e-mail: PSL@nrc. gov ernest _blake@shawpittman.com paul _gaukler@shawpittman.com 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 Washington, D.C. 20555-0001 Staff e-mail: hearingdocket@nrc. gov (Original and two copies)
r g.,:
' Catherme 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 -
U.S. Nuclear Regulatory Commission
. 160 East 300 South,5th Floor P.O. Box 140873
' Washington, D.C. 20555 Salt Lake City, Utah 84114-0873 pfscase@nrc. gov
- e. mail: dchancel@ state.UT.US set @nrc. 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 1385 Yale Avenue e-mail: quintana @xmission.com Salt Lake City, Utah 84105 e-mail: john @kennedys.org Diane Curran, Esq.
Daniel Moquin Harmon, Curran, Spielberg &
Utah Attorney General's OfTice 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-maili dcurran@harmoncurran.com
- By U.S. mail only Joro WaEir.
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