ML20210D910
| ML20210D910 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 07/27/1999 |
| From: | Bollwerk G, Kline J, Lam P Atomic Safety and Licensing Board Panel |
| To: | UTAH, STATE OF |
| References | |
| CON-#399-20686 97-732-02-ISFSI, ISFSI, NUDOCS 9907280067 | |
| Download: ML20210D910 (6) | |
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~2 0 DOCKETED USMRC UNITED STATES OF AMERICA LBP-99-26 NUCLEAR REGULATORY COMMISSION
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ATOMIC SAFETY AND LICENSING BOARD Oi Before Administrative Judges:
AD O G.
Paul Bollwerk, III, Chairman Dr. Jerry R.
Kline Dr. Peter S.
Lam SERVED JUL 2 7 p)99 In the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C.
ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel July 27, 1999 Storage Installation)
MEMORANDUM AND ORDER (Dismissing Contention Utah F/ Utah P)
By motion filed July 13, 1999, intervenor State of Utah (State) has requested that the Board dismiss contention Utah F/ Utah P, with prejudice.
This consolidated issue concerns the adequacy of training and certification of personnel for the proposed Skull Valley, Utah independent spent fuel storage installation (ISFSI) of applicant Private Fuel Storage, L.L.C.
(PFS).
In its motion, the State declares that dismissal of this contention is appropriate because it is now moot.
According to the State, it has settled its. dispute with PFS in connection with this issue, as evidenced by an attached July 13, 1999 letter from PFS counsel outlining the terms of an agreement between the parties regarding contention Utah F/ Utah P.
The State also indicates that the NRC staff supports its motion.
Sea 9907290067 990727 PDR ADOCK 07200022 C
It s-.
[ State] Motion'to Dismiss Utah Contentions F and P (July 13,
'1999) at 1 [ hereinafter State Motion to Dismiss]~.
No other
)
I party to this proceeding has filed a response objecting to, or otherwise-commenting on, the State's request.
Under the terms of the settlement between the State and PFS relative to this issue, PFS has agreed to make language changes that incorporate six items into the Safety Analysis Report (SAR) accompanying its 10 C.F.R. Part 72 ISFSI application.
These changes include SAR revisions indicating that PFS will use a training approach for its personnel that includes the five elements of the Systematic Approach to Training (SAT) set forth in 10 C.F.R.
S 55.4; that PFS, to the-extent it acts as a rail carrier from the existing main rail line to the PFS facility, will comply with applicable United States Department of Transportation (DOT) statutes and regulations and the rail carrier requirements of 49 U.S.C. Subtitles IV (Part A) and V and the associated implementing regulations in Title 49 of the Code of Federal Regulations; and that PFS, to the extent it acts as a motor carrier between the main rail line and the PFS facility, will comply with the DOT motor carrier requirements, including 49 U.S.C.
Subtitle IV.
Several of these items, however, are subject to a disclaimer, requested by the staff and apparently not objected to by the State, that the PFS SAR commitment does not constitute a license condition or u
t w licensing commitment under any 10 C.F.R. Part 72 license issued for the PFS facility; does not render the commitment subject to 10 C.F.R.
S 72.48; and does not obligate the staff to enforce the requirements or undertake enforcement 1
action with respect to a violation of the requirements under any 10 C.F.R. Part 72 license issued to PFS.
See State Motion to Dismiss, unnumbered attach. at 1-3 (July 13, 1999 Letter from Paul Gaukler, Counsel to PFS, to Diane Curran, State Counsel).
After reviewing the State's motion and the accompanying attachment, and finding nothing therein that is inconsistent with the public interest,
- we orant the State's July 13, s
1 In granting the State's motion to dismiss, we express no opinion on the extent to which the staff-requested disclaimers regarding the effect of incorporating the PFS commitments into the facility SAR may impact the Board's authority relative to any future attempt to enforce the agreement between PFS and the State.
i
v
_. 4 _
1999 motion to dismiss.
Further, as requested by the State, contention Utah F/ Utah P is dismissed with oreiudice.
It is so ORDERED.
THE ATOMIC SAFETY 2
AND LICENSING BOARD
'A Ne W G.
Paul Boll'werk, III ADMINISTRATIVE JUDGE
]
i Jfrry R./ Kline NDMINISTRATIVE JUDGE
[ \\ J. B d p n q O
Peter S.
Lam ADMINISTRATIVE JUDGE Rockville, Maryland July 27, 1999 2 Copies of this memorandum and order were sent this date by Internet e-mail transmission to counsel for (1) applicant PFS; (2) intervenors Skull Valley Band of Goshute Indians, Ohngo Gaudadeh Devia, Ccnfederated Tribes of the Goshute Reservation, Southern Utah Wilderness Alliance, and the State; and (3) the staff.
I v
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'In.the Matter of PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI (Independent Spent Fuel Storage Installation)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMU & ORDER (LBP-99-26) have been served upon the following 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 Office of Commission Appellate G. Paul Bollwerk, 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. Lam l
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 Regulatory Commission Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq.
Catherine L. Marco, Esq.
Diane Curran, Esq.
Office of the General Counsel Harmon, Curran, Spielberg Mail Stop 15 B18
& Eisenberg, L.L.P.
U.S. Nuclear Regulatory Commission 1726 M Street, NW, Suite 600 Washington, DC 20555
'.!ashington, DC 20036 Martin S. Kaufman, Esq.
Joro Walker, Esq.
Atlavtic 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 84100
e i
Docket No.(s)72-22-ISFSI LB MEMO & ORDER (LBP-99-2t,)
Denise Chancellor, Esq.
Assistant Attorney General Daniel G. Moquin, Esq.
Utah Attorney General'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 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 Indiar.,
2260 Baseline Road, Suite 200 Danny Quintana & Assocs., P.C.
Boulder, CO 80302 68 South Main Street, Suite 600 Salt Lake City, UT 84101 Richard Wilson Department of Physics Harvard University Cambridge, MA 02138 Dated at Rockville, Md. this 27 day of July 1999 Office of the Sacretary of the G6fhmission