ML20210N343
| ML20210N343 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 08/06/1999 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#399-20722 97-732-02-ISFSI, ISFSI, NUDOCS 9908110079 | |
| Download: ML20210N343 (5) | |
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 99 AUS 10 P4 :28 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD, r
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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
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ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel
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Storage Installation)
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August 6,1999 STATE OF UTAH'S RESPONSE TO APPLICANT'S MOTION TO STRIKE PART OF THE STATE OF UTAH'S RESPONSE TO THE APPLICANT'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION UTAH K The State of Utah hereby responds to the Applicant's July 30,1999 Motion to Strike Part of the State of Utah's Response to the Applicant's Motion for Summary Disposition of Contention Utah K (" Motion"). The State of Utah voluntarily withdraws its arguments relating to Tekoi Rocket Motor Facility. See State's Opposition to Applicant's Motion for Partial Summary Disposition of Utah Contention K and Confederate Tribes Contention B (dated July 22,1999), at 11 and accompanying
" Statement of Material Facts in Dispute Regarding Utah Contention K and Confederate Tribes Contention B," at 11.
Notwithstanding its voluntary withdrawal, the State reserves its right to oppose similar motions or arguments in the future. The State believes there are circumstances under which it is appropriate for a party to develop information or add witnesses after the close of discovery. The State also recognizes that it has an obligation, as do other parties, DR ADO O2 022 ffg C
i to supplement its discovery responses as necessary to identify new witnesses and provide information about the scope of their expected testimony.
The Applicant itself has relied upon additional materials and witnesses that were not available to the State during discovery. In fact, relative to risk posed by the Tekoi
' Rocket Motor Facility, the very issue involved in its Motion to Strike, PFS has used three witnesses that have still never been identified in PFS's discovery responses. PFS supported its Motion for Sununary Disposition of Utah Contention K and Confederated Tribes Contention B ("PFS Motion for Summary Disposition") with declarations from C.
. Floyd Davis (PFS Motion for Summary Disposition, Attachment 2), Jeffrey Johns (PFS Motion for Summary Disposition, Attachment 3), and Wesley Jacobs (PFS Motion for Summary Disposition, Attachment 4). PFS has not identified any of these individuals as witnesses in its discovery responses, nor has it provided information about the scope of their testimony.'
Finally, the State notes that PFS's dispute with the State in this matter is essentially a discovery dispute. The Board has required the parties to confer and attempt to resolve discovery disputes prior to filing motions to compel or motions for protective
' See Applicant's Objections and Non-Proprietary Responses to State's First Requests for Discovery (April 21,1999) at 11 14; Applicant's Objections and Non-Prorietary (sic) Responses to State's Second Requests for Discovery (Group I)Qune 4, 1999) at 5; Applicant's Objections and Non-Proprietary Responses to State's Second Requests for Discovery (Group II and III)Qune 28,1999) at 5-6; Applicant's Objections and Non-Proprietary Responses to State's Third Requests for Discovery Gune 28, 1999) at 6.
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't orders. Private Fuel Storage. LL.C. (Independent Spent Fuel Storage Installation), LPB-l 98-7,47 NRC at 142,245 (1998). PFS made no such attempt before filing its Motion to Strike. The State requests that if similar situations arise in the future, PFS comply with the spirit of the Board's requirement and bring its concern to the State's attention before i
filing a motion.
DATED this 6* day of A ust,1999.
Respe fu y submitted,
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. /nl L cA Denhe ChancelloTAssistant AtEo'rney General Fred G Nelson, Assistant Attorney General Diane Curran, Special A=sistant Attomey General Connie Nakahara, Special Assistant Attorney General Attorneys for State ofUtah 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 l
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o DOCKETED US4PC CERTIFICATE OF SERVICE
- NJi 10 P4 :28 I hereby certify that a copy of" State of Utah's Response to Applidant s Motion to Strike Part of the State of Utah's Response to the Applicant's MotionkSummary' ADJUD Disposition of Contention Utah K" was served on the persons listed below by electronic mail (unless otherwise noted) with conforcling copies by United States mail first class, this 6th day of August,1999:
.Rulemaking & Adjudications Staff Sherwin E. Turk, Esq.
Secretary of the Commission Catherine L. Marco, Esq.
U. S. Nuclear Regulatory Commission Office of the General Counsel
' 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: cim@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 Emest 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: emest_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.
E-Mail: kjerry@erols.com 1385 Yale Avenue Salt Lake City, Utah 84105 Dr. Peter S. Lam E-Mail: john @ kenned.,;.v.g Administrative Judge Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, DC 20555 E-Mail: psl@nrc. gov 4
1' Richard E. Condit, Esq.
James M. Cutchin Land and Water Fund of the Rockies Atomic Safety and Licensing Board Panel l
2260 Baseline' Road, Suite 200 U.S. Nuclear Regulatory Commission l;
Boulder, Colorado 80302 Washington, D.C. 20555-0001 E-Mail: rcondit@lawfund.org E-Mail:jmc3@nrc. gov (electronic copy only)
Joro Walker, Esq.
Land and Water Fund of the Rockies Office of the Commission Appellate 2056 East 3300 South Street, Suite 1 Adjudication Salt Lake City, Utah 84109 Mail Stop: 16-G-15 OWFN E-Mail: joro61@inconnect.com U. S. Nuclear Regulatory Commission I
Washington, DC 20555 Danny Quintana, Esq.
(United States mailonly)
Danny Quintana & Associates, P.C.
68 South Main Street, Suite 600 Salt Lake City, Utah 84101 E-Mail: quintana @xmission.com
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Y Denise Chancellor Assistant Attomey General State of Utah l
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