ML20210U306

State of Utah Motion for Leave to Reply to Applicant Response to Amended Contention Q.* Moves for Leave to Reply to Applicant 990806 Response to Request for Admission of late-filed Amended Contention Q.With Certificate of Svc

ML20210U306
Person / Time
Site:	07200022
Issue date:	08/16/1999
From:	Lockhart L UTAH, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#399-20746 97-732-02-ISFSI, ISFSI, NUDOCS 9908200055
Download: ML20210U306 (4)

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Y DOCKETED U3NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'99 AUG 19 P4 :06 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD fi. '

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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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August 16,1999 i

STATE OF UTAH'S MOTION FOR LEAVE TO REPLY TO APPLICANT'S RESPONSE TO AMENDED CONTENTION Q j

The State of Utah hereby moves for leave to reply to the Applicant's August 6, 1999, Response to State of Utah's Request for Admission of Late-Filed Amended Utah Contertion Q (" Applicant's Response"). The Applicant opposes the admission of the contention, on grounds of both lateness and admissibility. The Applicant's arguments are generally similar to arguments made by the NRC Staffin its opposition to the contention, i.e., that the State lacks good cause because it could have raised its claims earlier, that its claims belong in the generic rulemaking for approval of the Holtec HI STORM cask, and that the analysis sought by the State has already been performed. In addition, the Applicant argues that the State may not raise cask integrity issues in relation ta the Intermodal Transfer Facility.

The Board has already given the State leave to reply to the NRC Staff's response to Amended Contention Q, by August 18,1999. Order (Granting Leave to File Reply to Response) (August 9,1999). The State seeks leave to use that pleading to 9908200055 990816 e

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address the arguments made by the Applicant.

1 The State regrets the lateness of this motion, but counsel responsible for I

Amended Contention Q was out of town last week, and only became aware of the Applicant's Response when she returned to the office today. Although the Applicant apparently attempted to serve its response electronically on August 6, the transmittal was unsuccessful until August 10, after counsel had left town. Therefore counsel was l

l unaware of the Response until she returned to work today.

The State has consulted with the Applicant regarding this request. The Applicant does not object to the State having an opportunity for a reply.

DATED this 16* day of August,1999.

4 Respectf Ily submitted 7

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/ds/<WL Denise Chancellor, Assistan't Attorney General Fred G Nelson, Assistant Attorney General Laura Lockhart, 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 l

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DOCKETED USNRC CERTIFICAT_E OF SERVICE M AUG 19 P4 :06 I hereby certify that a copy of STATE OF UTAH'S MOTION FOR LEAVE m

TO REPLY TO APPLICANT'S RESPONSE TO AMENDED CONTENTION Q AEU.

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was served on the persons listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 16* day of August,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 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: 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 AdministrativeJudge 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.

E-Mail: 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 Richard E. Condit, Esq.

U. S. Nuclear Regulatory Commission Land and Water Fund of the Rockies Washington, DC 20555 2260 Baseline Road, Suite 200 E-Mail: psl@nrc. gov Boulder, Colorado 80302 E-Mail: rcondit@lawfund.org 3

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3 Joro Walker, Esq.

James M. Cutchin Land and Water Fund of the Rockies Atomic Safety and Licensing Board 2056 East 3300 South Street, Suite 1 Panel Salt Lake City, Utah 84109 U.S. Nuclear Regulatory Commission E-Mail: joro61@inconnect.com Washington, D.C. 20555-0001 E Mail:jmc3@nrc. gov Danny Quintana, Esq.

(electronic copy only)

Danny Quintana & Associates, P.C.

68 South Main Street, Suite 600 Office of the Commission Appellate Salt Lake City, Utah 84101 Adjudication E-Mail: quintana @xmission.com Mail Stop: 16-G-15 OWFN U. S. Nuclear Regulatory Commission Washington, DC 20555 (UnitedStates mailonly)

J140' tA Laur'a Lockhan Assistant Attorney General State of Utah 4

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