ML20210E307

State of Utah Unopposed Motion for Extension of Time to Respond to Applicant Motion to Compel Answers to Interrogatories (Contention O).* Neither NRC Nor State of UT Oppose Motion.With Certificate of Svc

ML20210E307
Person / Time
Site:	07200022
Issue date:	07/22/1999
From:	Chancellor D UTAH, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#399-20676 97-732-02-ISFSI, ISFSI, NUDOCS 9907280185
Download: ML20210E307 (4)

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9 DOCHETED U39PC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g g g p3 g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD u:

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In the Matter of:

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Docket No. 72-22-ISFSI

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PRIVATE FUEL STORAGE, LLC )

ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel

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Storage Installation)

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July 22,1999 STATE OF UTAH'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO APPLICANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES (CONTENTION O)

The State and the Applicant worked to resolve all discovery disputes with respect to the Applicant's and the State's responses to Group II and Group III discovery requests. Counsel for the State and Applicant resolved all issues with the exception of the State's answers to Contention O, Interrogatories 2-4 and 6. On July 20,1999 the Applicant filed a Motion to Compel answers to those interrogatories.

Under the Board's Order of August 28,1998, the State has seven days to file a response to a Motion to Compel. The State is requesting an extension of time from l

July 27 untilJuly 30,1999 to response to the Applicant's Motion. The State has good cause for requesting the extension. First, the State has only four working days to respond to the motion because the Applicant's Motion was transmitted by e-mail and received on the State's computer at 10 p.m on July 20, and July 23 is a public holiday in Utah. Second, the State's expert, Don Ostler, Director of the Utah Division of b

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Water Quality, is unavailable today and Monday, and his schedule on Tuesday, July 27, will not permit him to devote enough time to assist in the drafting of a response.

Third, the Applicant's Motion involves a Group II contention; thus, a three day extension of time will not delay the proceeding.

The State has contacted counsel for the Applicant and the NRC Staff, neither of

.whom oppose this motion.

DATED this 22"d day of July,1999.

Respect ly bmitted, i

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Denis'e Chancellor,ishstant A% General

-Fred G Nelson, Assistant Attorney General Diane Curran, Special Assistant Attorney General Connie Nakahara, Special Assistant Attorney General Attorneys for State of Utah '

Utah Attorney General's Office 160 East 300 South,5th Floor, P.O. Box 140873 Salt Lake City, UT 84114-0873 Telephone: (801) 366-0286, Fax: (801) 366-0292 2

00CKETED USHPC CERTIFICATE OF SERVICE oo. tin _2r P3 :24 I hereby certify that a copy of STATE OF UTAH'S UNOPPOSED a MOTION FOR EXTENSION OF TIME TO RESPOND T6gPLICANT'S ADJL.

cr MOTION TO COMPEL ANSWERS TO INTERROGATORIES (CONTENTION O) was served on the persons listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 22nd day of July 1999:

Rulemaking & Adjudication Staff Sherwin E. Turk, Esq.

Secretary of the Commission Catherine L. Marco, Esq.

U. S. Nuclear Regulatory Commission Office of the General Cennsel Washington D.C. 20555 Mail Stop 15 B18 E-mail: hearingdocket@nrc. gov U.S. Nuclear Regulatory Commission (originaland two copies)

Washington, DC 20555 E-Mail: set @nrc. gov G. Paul Bollwerk, III, Chairman E-Mail: clm@nrc. gov Administrative Judge E-Mail: pfscase@nrc. gov Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Jay E. Silberg, Esq.

Washington, DC 20555 Ernest L. Blake, Jr.

E-Mail: gpb@nrc. gov Shaw, Pittman, Potts & Trowbridge 2300 N Street, N. W.

Dr. Jerry R. Kline Washington, DC 20037-8007 Administrative Judge E-Mail: Jay _Silberg@shawpittman.com Atomic Safety and Licensing Board E-Mail: ernest _blake@shawpittman.com U. S. Nuclear Regulatory Commission E-Mail: paul _gaukler@shawpittman.com Washington, DC 20555 E-Mail: jrk2@nrc. gov John Paul Kennedy, Sr., Esq.

kjerry@erols.com 1385 Yale Avenue Salt Lake City, Utah 84105 Dr. Peter S. Lam' E-Mail: john @kennedys.org Administrative Judge Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, DC 20555 E-Mail: psl@nrc. gov 3

M Richard E. Condit, Esq.

James M. Cutchin Land and Water Fund of the Rockies Atomic Safety and Licensing Board 2260 Baseline Road, Suite 200 -

Panel Boulder, Colorado 80302 U.S. Nuclear Regulatory Commission 2-Mail: rcondit@lawfund.org Washington, D.C. 20555-0001 E-Mail: jmc3@nrc. gov Joro Walker, Esq.

(electronic copy only)

Land and Water Fund of the Rockies 165 South Main, Suite 1 Office of the Commission Appellate Salt Lake City, Utah 84111 Adjudication E-Mail: joro61@inconnect.com Mail Stop: 16-G-15 OWFN U. S. Nuclear Regulatory Commission Danny Quintana, Esq.

Washington, DC 20555 Danny Quintana & Associates, P.C.

(United States mailonly) 50 West Broadway, Fourth Floor Salt Lake City, Utah 84101 E-Mail: quintana @xmission.com

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s De se"Clancellor '

Ass stant Attorney General State of Utah 4