ML20209G729

Affidavit of EP Easton Concerning Contention Utah B.* Applicant Motion Reviewed.Statement of Material Facts Attached to Motion Correct.With Certificate of Svc

ML20209G729
Person / Time
Site:	07200022
Issue date:	07/16/1999
From:	Easton E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML20209G721	List: ML20209G717 ML20209G729
References
ISFSI, NUDOCS 9907190236
Download: ML20209G729 (5)

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July 16,1999 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

PRIVATE FUEL STORAGE, L.L.C. ) Docket No. 72-22-ISFSI

. -- - )

(Independent Spent Fuel )

Storage Installation) )

AFFIDAVIT OF EARL P. EASTON

_CONCERNING CONTENTION UTAH B I, Earl P. Easton, having first been duly sworn, do hereby state as follows:

1. I am employed as Section Chief, Technical Review Section A in the Spent Fuel ,

Project Office, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission ("NRC"), in Washington, D.C. A statement of my professional qualifications is

- attached hereto.

2. This Affidavit is prepared in response to the " Applicant's Motion for Summary Disposition of Contention Utah B" (" Motion"), filed on June 11,1999, by Private Fuel Storage ,

L.L.C. (" Applicant" or" PFS"), and the " Statement of Material Facts on Which No Genuine Dispute Exists" (" Statement of Material Facts") attached thereto.

3. ' As part of my official responsibilities, I reviewed the Applicant's description of its planned operation of the Intermodal Transfer Facility ("ITF") located near Timpie, Utah, as set I

forth in its application for an Independent Spent Fuel Storage Installation ("ISFSI") license, as revised on June 8,1999, and in its February 10,1999 response to the NRC Staff's Request for Additional Information dated December 10, 1998. In addition, I participated in preparing the 9907190236 990716 PDR ADOCK 07200022 C PDR

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"NRC Staff Position" on Contention Utah B, as set forth in the "NRC Staff's Statement of Its Position Concerning Group I Contentions," dated June 15,1999 (at 1-4). The NRC Staff Position accurately represents my views concerning this contention, with one correction -- the 26th line on page 2 should be revised to incorporate the following underlined language, to read as follows:

the spent fuel at the ITP as a Part 72 licensee but rather as a carrier in transportation under a 10 C.F.R. 6 70.20a(a) general license),

the responsibility for marking and labeling of casks, accuracy of shipping . . .

4. Also as part of my official responsibilities, I have reviewed the Applicant's Motion and the attachments thereto, in which PFS seeks summary disposition of Contention Utah B. On the basis of my review of the Applicant's description of the proposed ITF, and the documents attached to the Applicant's Motion, I am satisfied that the Statement of Material Facts attached to the Applicant's Motion is correct.

5. I hereby certify that the foregoing is true and correct to the best of my knowledge, information and belief.

D 4Earl P. EastonM '

Sworn to before me this 16th day of July 1999 r

/1 '

/

V'Naary.4ublic My commission expires:

' EtVA BOWDEN ERW

, NOTARY PUBUC SWE OF MARYLAND 84 comminim Empim Decembw 1,1999  ;

i

p Earl P. Easton Section Chief, Technical Section A Spent Fuel Project Office U.S. Nuclear Regulatory Commission )

1 Education: B.S. Chemical Engineering, University of Maryland,1974 Exoerience:

1999-Present Section Chief. Technical Review Section A Manages technical review section for certification of spent fuel transportation and storage packages, and spent fuel storage facilities.

Assures that the technical reviews of transportation and storage casks are adequate to demonstrate that casks meet the applicable safety requirements of NRC's regulations in 10 C.F.R. Parts 71 and 72. Responsible for ,

resolving technical issues for spent fuel storage and transportation.  !

i 1990-1999 Section Chief. Transportation and Storace Safety Section Responsible for conducting risk studies of spent fuel storage facilities and transportation, of radioactive materials, rulemaking for 10 C.F.R. Parts 71 and 72, and incident response. Served as chief NRC liaison to U.S.

Department of Transportation. Represented the United States as a Delegate at International Atomic Energy Agency (IAEA) technical committee meetings in the development of international transport regulations.

1982-1990 Senior Technical Reviewer. Transportation Packace Certification Branch Senior technical reviewer and project manager for NRC review and s

approval of spent fuel transportation casks. Responsible as project manager for assoring that spent fuel casks met NRC's regulations under 10 C.F.R. Part 71. Conducted thermal and containment reviews.

1980-1981 Chemical Eneineer. U.S. Department of Enerev. Synthetic Fuels Procram Project manager for coal gasification and liquefaction pilot plants.

Responsible for overseeing research and development of coal conversion tecimologies.

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- UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 99 J'1 19 All :19 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD n.

In the Matter of ) ADE

)

PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72-22-ISFSI

)  :

(Independent Spent ) l Fuel Storage Installation) )

CERTIFICATE OF SERVICE

\

1 I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPLICANT'S MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION UTAH B" in the above captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's internal mail system, or by deposit in the United States mail, nrst class, as indicated by an asterisk, with copies by electronic mail as indicated, this 16th day of July,1999:

G. Paul Bollwerk, III, Chairman Atomic Safety and Licensing Board Panel  !

Administrative Judge U.S. Nuclear Regulatory Commission i Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Secretary .

(E-mail copy to GPB@NRC. GOV) ATTN: Rulemakings and Adjudications Staff  !

U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline Washington, DC 20555 Administrative Judge (E-mail copy to:

Atomic Safety and Licensing Board HEARINGDOCKET@NRC. GOV)

U.S. Nuclear Regulatory Commission Washington, DC 20555 OfGce of the Commission Appellate (E-mail copy to JRK2@NRC. GOV) Adjudication Mail Stop: 16-C-1 OWFN Dr. Peter S. Lam U.S. Nuclear Regulatory Commission Administrative Judge Washington, DC 20555 l Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission James M. Cutchin, V Washington, DC 20555 Atomic Safety and Licensing Board (E-mail copy to PSL@NRC. GOV) U.S. Nuclear Regulatory Commission Washington, DC 20555 (by E-mail to JMC3@NRC. GOV)

L

, Danny Quintana, Esq.*

Danny Quintana & Associates, P.C. Diane Curran, Esq.*

68 South Main Street, Suite 600 Harmon, Curran, Spielberg Salt lake City, UT 84101 & Eisenberg, L.L. P.

(E-mail copy to quintana @Xmission.com) 1726 M. Street N.W., Suite 600 Washington, D.C. 20036 Jay E. Silberg, Esq.* (E-mail copy to Ernest Blake, Esq.* deurran@harmoncurran.com)

Paul A. Gaukler, Esq.*

SHAW, PITTMAN, POTTS & John Paul Kennedy, Sr., Esq.*

TROWBRIDGE 1385 Yale Ave.

2300 N Street, N.W. Salt Lake City, UT 84105 Washington, DC 20037-8007 (E-mail copy to john @kennedys.org)

(E-mail copies to j ay,_silberg, paul _gaukler, and ernest _blake Joro Walker, Esq.*

@shawpittman.com) Land and Water Fund of the Rockies 2056 East 3300 South, Suite 1 Denise Chancellor, Esq.* Salt Lake City, UT 84109 Fred G. Nelson, Esq. (E-mail copy to joro61@inconnect.com)

Utah Attorney General's Office 160 East 300 South,5th Floor Richard E. Condit, E;q.*

P.O. Box 140873 Land and Water Fund of the Rockies i Salt Lake City, UT. 84114-0873 2260 Baseline Road, Suite 200 (E-mail copy to dchancel@ State.UT.US) Boulder, CO 80302 ,

(E-mail copy to rcondit@lawfund.org)

Connie Nakahara, Esq.*

l Utah Dept. of Environmental Quality 168 North 1950 West.

P. O. Box 144810 l Salt Lake City, UT 84114-4810 (E-mail copy to enakahar@ state.UT.US) f Md Sherwin E. Turk Counsel for NRC Staff