ML20211G900

Memorandum & Order (Administrative & Scheduling Matters).* Board Will Hold Telcon with Parties to Discuss Number of Administrative & Scheduling Matters Re Three Group I Issues for Litigation.With Certificate of Svc.Served on 990830

ML20211G900
Person / Time
Site:	07200022
Issue date:	08/30/1999
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), SKULL VALLEY BAND OF GOSHUTE INDIANS, UTAH, STATE OF
References
CON-#399-20775 97-732-02-ISFSI, ISFSI, NUDOCS 9909010047
Download: ML20211G900 (9)

Text

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s 2o 775 UNITED STATES OF AMERICA DOCKETED I NUCLEAR REGULATORY COMMISSION Ligg,r{ g ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

G. Paul Bollwerk, III, Chairman OfF Dr. Jerry R. Kline RLL Dr. Peter S. Lam ADJJ. +

SERVED Aus 3 o 1999 In the Matter of Docket No. 72-22-ISFSI l

PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel August 30, 1999 Storage Installation) l MEMORANDUM AND ORDER (Administrative and Scheduling Matters)

In a series of recent decisions, the Board has made rulings on dispositive motions regarding various issues in the first group of admitted contentions, which are to be the subject of a November 1999 evidentiary hearing. As a result, three Group I issues currently are slated for litigation: Utah K/ Confederated Tribes B; Utah R; and Security-C. In preparation for the upcoming hearing on these issues, the Board will hold a telephone conference with the parties to discuss a number of administrative and scheduling matters. This issuance outlines an agenda for that conference, as well as several other matters that the j Board wishes to bring to the attention of the parties.

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l Each party should make a representative available to participate in a telephone conference beginning at 11:00 a.m. EDT-(9:00 a.m. MDT) on Wednesday, September 8, 1.999. Any party-that is unable to have a representative 1available at that time should contact the other parties to obtain and provide the Board with several other mutually agreeable times for the conference. We anticipate this conference will last at least one hour.

In preparation for this prehearing conference, the Board requests that on or before 1:00 D.m. EDT (11:00 a.m.

MDT) on Tuesday, September 7, 1999, the parties consult with one another-and provide a-joint report with an estimate of how long they believe it will take to try each one of the three issues listed above, including cross-examination and rebuttal testimony.2 In addition, as part of that report the parties should advise the Board whether they anticipate that'the evidentiary hearing regarding the contention Security-C issue of emergency response times will involve the presentation and discussion of protected safeguards information, as that information is defined in the Board's December.17, 1997 protective order.

1 In addition, to the degree that any party is taking the position that.the intermodal transfer point aspects of Group I contentions Utah K/ Confederated Tribes B, Utah N, and Utah R survives our ruling in LBP-99-34, 50 NRC ,

(slip op. at 19-20) (Aug. 30, 1999), the parties should provide an. estimate of the time needed to litigate each of those matters as well.

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4-b Among the administrative and scheduling items that may be the subject of discussion at the telephone conference are the following:

A. Evidentiary Hearing

1. Prefiled testimony, exhibitd, and sticulations .

Under the existing general schedule, prefiled testimony and premarked exhibits for a party's direct case, as well as any stipulations, are to be filed on or before Fridav, October 1, 1999, and should be accompanied by a list of all direct case witnesses and exhibits. All intervenor exhibits should be marked numerically with the name of the sponsoring party (e.g., State Exh. 1); all PFS and staff exhibits should be marked alphabetically with the sponsoring party's name (e.g., PFS Exh. A; Staff Exh. BB). Parties should make l an effort to coordinate before prefiling exhibits to ensure that, in the event two parties wish introduce the same document, it has only one designation. To have an exhibit admitted into evidence at the evidentiary hearing, including those used on cross-examination, a party must (a) provide the court reporter with an original and two copies of the exhibit; and (b) to the extent they do not already have a copy, furnish a copy to each Board member and to each party that desires one. Sag 10 C.F.R. S 2.743 (f) .

In connection with the summary disposition motions that i

were filed by applicant Private Fuel Storage, L.L.C., (PFS)

r for contentions Utah K/ Confederated Tribes B and Utah R and the responses of intervenor State of Utah (State) and the NRC staff, the Board urges the parties' to utilize the supporting material facts statements as a basis for stipulations on factual matters not at issue in accordance with 10 C.F.R. S 2.753. l

2. In limine motions and sticulations on admissibility of exhibits. Under the existing general schedule, party motions in limine regarding prefiled testimony and exhibits are to be filed on or before Fridav, October 15, 1999.

Party responses to those motions must be filed on or before Fridav. October 22, 1999. The parties are encouraged to enter into stipulations regarding the admissibility of exhibits. Those stipulations will not be accepted by the Licensing Board, however, unless there is a showing in the party's prefiled testimony that clearly indicates the relevance of the particular exhibit to the contention involved.

3. Order of oresentation. Although intervening parties bear the burden of going forward on their admitted contentions, applicant PFS bears the ultimate burden of proof relative to the sufficiency of its application. Egg 10 C.F.R. S 2.732. Nonetheless, in accordance with 10 C.F.R. S 2.731, the Board suggests that the following order of presentation be used for each contention: PFS

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direct. case and cross-examination; staff direct case and cross-examination; intervenor direct case and cross-examination; PFS and/or staff Rebuttal (if any);

intervenor surrebuttal'(if any). Any party wishing to use a different order of presentation should be prepared to advise the Board of its reasons during the September 8 prehearing conference.

4. Cross-examination. In accordance with 10 C.F.R.

S 2.743 (b) (2) , any party wishing to cross-examine a witness I

(or witness panel) must have available for the Board a cross-examination plan for that witness (or panel) before i I

the beginning of cross-examination. As is noted in that l provision, all cross-examination plans requested by the Board will be held in confidence until after an initial decision on the contentions being litigated is issued.

l B. Limited Appearance Sessions As!an adjunct to the evidentiary hearing, in accordance with 10 C.F.R. S 2.715(a), the Board anticipates conducting l

l one or more sessions during which members of the public would be permitted to make oral limited appearance statements. The Board would like to do this in several sessions in the Salt _ Lake City and Tooele, Utah areas before

' beginning evidentiary witness presentations. The Board will discuss this matter further with the parties during the telephone conference.

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6 C. Electronic Document Filing During a previous telephone conference, the Board mentioned that the NRC was developing an electronic document l

interchange project that we hoped to utilize on a pilot j basis in this proceeding. We have now been advised by the NRC Office of the Chief Information Officer (OCIO) that this project is ready for implementation in mid-September 1999.

We anticipate that prior to the telephone conference the parties will be provided with written information on l this web-based electronic document submission project. ,

Further, at the outset of the September 8 telephone conference we will have OCIO'repressntatives describe the system and answer questions about how it works.

Accordingly, parties may wish to have available for participation at the beginning of the conference those on their office staff who handle computer matters.

The Board would like to encourage all parties in this proceeding to participate in this pilot project, which will also result in the creation of an electronic database of documents from this proceeding that will be accessible to the parties and the general public on the agency's web site.

At this juncture, we do not anticipate any change in the existing practice regarding submission of paper copies of filings, although modifications to the present filing system

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t j could come about as a result of agency experience with the pilot project.

l D. Other Agenda Items l Parties wiL_ing to propose other items for the agenda of this telephone conference should advise the Board and the other parties of those matters in writing no later than 1

1:00 o.m. EDT (11:00 a.m. MDT) on Tuesday, Seotember 7.

l 1999. i Any questions regarding the matters discussed in this l

l issuance should be directed to the Board Chairman at (301) 415-7454.

It is so ORDERED.

l FOR THE ATOMIC SAFETY AND LICENSING BOARD 2 j i

h. -JL ht IZr G. Paul Bollwerk, III l ADMINISTRATIVE JUDGE Rockville, Maryland

! August 30, 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 Caudadeh Devia, Confederated Tribes of the Goshute Reservation, Southern Utah Wilderness Alliance, and the State; and (3) the staff.

4 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 j I hereby certify that copies of the foregoing LB M&O-ADMIN. & SCHED, MATTERS 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 BcIlwerk, 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 Atomic Safety and Licensing Board Panel Atomic Safety and Licensang Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclect 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 D21 & Eisenberg, L.L.P.

U.S. Nuclear Regulatory Commission 1726 M Street, NW, Suite 600 Washington, DC 20555 Washington, DC 20036 Martin S. Kaufman, Esq. Joro Walker, Esq.

Atlantic 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 84109 l

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Docket No.(s)72-22-ISFSI LB M&O-ADMIN. & SCHED. MATTERS Denise Chancellor, Esq.

Assistant Attorney Gbneral 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 Indians 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 30 day of August 1999 Office of the Secretarystf the Commission