ML20211H193

Memorandum & Order (Initial Prehearing Order).* Orders That Each Participant Should Provide Board W/Electronic Version of Any Documents Already Filed in Proceeding.W/Certificate of Svc.Served on 970923

ML20211H193
Person / Time
Site:	07200022
Issue date:	09/23/1997
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED
References
CON-#497-18515 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9710060274
Download: ML20211H193 (2)

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UNITED STATES OF AMERICA 00CKETED ,

_ NUCLEAR REGULATORY COMMISSION tlSNRC

-ATOMIC SAFETY AND LICENSING BOARD 97 97 23 N143 Before Administrative Judges.

G. Paul Bollwerk, III, Chairman Dr. Jerry R. Kline hh UDICATiONS STAFF Thomes D. Murphy 1 SERVED SEP 23 E97 In'the Matter of Docket No. 72-22-ISFSI PRIVATE FUEL STORAGE, L.L.C. ASLBP No. 97-732-02-ISFSI (Independent Spent Fuel. ' September 23, 1997 Storage Installation)- g 4

MEMORANDUM AND ORDER (Initial Prehearing Order)

In.this proceeding, applicant Private Fuel Storage, L.L.C. .PFS),

( has_ applied for a license under-10 C.F.R.

Parti 72 to possess and store spent nuclear reactor fuel in

'an' independent spent fuel stolage installation (ISFSI)

located on the Skull Valley Goshute Indian Reservation in Skull Valley, Utah. On July'21, 1997, the NRC staff issued a notice that the agency is (1) considering this license application, and (2) affording the opportunity for a formal adjudicatory hearing on the' application. The notice was

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' published in the1 Federal Reaister on July 31, 1997. Egg 62 Fed. Reg. 41,099 (1997). By five separate filings submitted

-on-September 8, 11, land 12, 1997, various petitioners have 97100602T4 970923 PDR ADOCK 07200022 C: PDR Dsos

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. j asked for a hearing relative to the PFS license application or_to be made a party to any hearing that in held.*

In accordance with its authority under 10 C.F.R.

S 2.718, the Licensing Board sets forth the following directives regarding the conduct of this proceeding:

I. Schedule for Further Filinqq Regarding Petitioners' Hearing Requests / Intervention Petitions and for Prehearing Conference / Site Visit A. Answers to Hearing Requests / Intervention Petitions With the exception of the staff, participant answers to the pending hearing requests / intervention petitions shall be filed on or before Monday. September 29. 1997. The staff's answers to the pending hearing requests / intervention petitions shall be filed on or before Thursday. October 2.

1997. On or before that same date, the staff should provide the Board with a status report detailing when it expects to issue a safety evaluation-report (SER) and an environmental impact statement (EIS) regarding the PFS application.

B. Supplement-to Hearing Requests / Intervention Petitions Pursuant ~to 10 C.F.R. S 2. 714 (b) , on or before Friday.

October 24. 1997, the petitioners shall file supplements to their hearing petitions / intervention requests, which must 1

Those petitioners include the Confederated Tribes of the Goshute Reservation and David Pete; the State of Utah; Castle Rock Land and Livestock, L.C., Skull Valley Company, LTD., and Ensign Ranches of Utah, L.C.; the Skull Valley Band of Goshute Indians; and Ohngo Gaudadeh Devia.

include a list of contentions and supporting bases. Answers to those_ supplements shall be filed on or before Monday, November 10, 1997 Copies of the supplements and answers thereto should be provided to the Board and the other participants by facsimile transmission or other means that will ensure receipt by 4:30 n.m. Eastern Time on the day of

' filing. Sen paragraph II.B below.

C. Prehearing Conference / Site Visit The Licensing Board intends to hold a prehearing conference in the Salt Lake City, Utah area the week of November 17, 1997. It anticipates this conference will last at least two days. In conjunction with the prehearing conference, the Board would also like to tour _the proposed ISFSI site. Any of the participants who have potential scheduling conflicts the week of November 17 should contact the Board Chairman immediately at (301) 415-7454, II. Administrative Matters A. Notice of Appearance If they have not already done so, within ten dava of the date of this memorandum and order, each attorney or representative for each participant shall file a notice of appearance complying with the requirements of 10 C.F.R.

S 2. 713 (b) . In each notice of appearance, besides providing a business address and telephone number, if an attorney or representative has a facsimile number and/or an Internet

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e-mail address, the attorney or representative should provide that information as well. Counsel who have already-submitted a notice of appearance that does not. provide-

~ facsimile or e-mail information should file a supplemental statement with that information within ten davs of the date i of this issuance.

B. Service on the Licensing Board Members For.each pleading or other submission filed before the

-Licensing Board or the Commission in this proceeding, in addition to submitting an original and two conforming copies '

to the Office of the Secretary as required by 10 C.F.R.

.5 2.708 (d) and serving a copy on every other participant in accordance with section 2.701(b), a participant should serve conforming copies on the members of the Licensing Board by

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one of the following methods:

1. Recular Mail. To complete service on the members of the Licensing Board via United States Postal Service first-class mail, a participant should send conforming copies:to each of the Licensing Board members at'the following address:

Atomic Safety and Licensing Board Panel U- Nuclear Regulatory Commission WI ' ngton, D.C.

. 20555-0001 For regular-mail service, the staff may use the NRC internal mail system (Mail Stop T-3F23) in lieu of first-class mail.

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2.-'Overnicht i or-Hand Deliverv. ~

"o complete serviceJon-thelmembers:of'the' Licensing Boardi v ia.otornight (e.g.,

express / mail);or hand delivery,- a participant-should-send

conforming copies to'each of the Licensing Board members at the following address

Atomic Safety and Licensing Board Panel i

-Third Floor, Two White Flint North 11545'Rockville-Pike Rockville, MD 20852

3. -Facsimile Transmission. To complete service on the 5 members of the Licensing Board by facsimile transmission,-a participant should (1). send one copy by rapifax to the:

attention of the members of-the Licensing' Board at'(301)

~415-5599 (verification -(301) 415-7405); and (2) that same date, send conforming copies to-each of the-Licensing Board members:by regular mail at the address given in paragraph II.B.1 above.

4. E-Mail.- -To complete service on the members of the Licensing Board:by e-mail transmission,-a participant should L(1)~~ send the filing-(which should include the: certificate of l service)Das a_ file (preferably in Wordperfect 5.1'or-6.1~

format)' attached to an e-mail message directed to each of the' Licensing Board members-(Internet ids: gpb@nrc. gov, ljrk2@nrc. gov, tdm@nrc. gov; NRC Agency-Upgrade of Technology-for Office Systems-(AUTOS) WideL Area Network 1(WAN) ' System ~

ids

GPB,lJRK2, TDM) ; (2) for any attachments or exhibits to La-pleading that;cannot be transmitted by e-mail, send'those H

I documents to the Licensing Board members by separate facsimile transmission or other means that will ensure receipt by the due date; and (3) send paper conforming copies that same date to each of the Licensing Board members l by regular mail at the address given in paragraph II.B.1 above.

5. Timelv Service by Hand Deliverv, Facsimile Transmission, or E-Mail. To be timely, any pleading or other submission served on the Licensing Board members by hand delivery, facsimile transmission, or e-mail must be received by the Licensing Board no later than 4:30 p.m.

Eastern Time on the date due.

6. Service on Other Particinants. If the Licensing Board directs that service of a pleading should be made on it by one or more of the methods outlined above (e.g.,

facsimile or e-mail with conforming paper copies to follow by mail), the participant serving the pleading should make service on all other participants and the Office of the Secretary by the same or a comparable method.

C. Motions for Extension of Time For any motion for extension of time filed with the Licensing Board in this proceeding, except upon a showing of good cause, the participant requesting the extension shall:

1. Ascertain whether and when any other participant intends to oppose or otherwise respond to the motion and

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apprise'the: Licensing; Board oflthat information-in'the -

- motion; Land

2.3 Serve-the

motion on the Licensing Board so-that it is inlits hands at:least' three business days before the"due ,

dateJfor_the1 pleading or other submission for which an=

- extension is-sought.  :

. D.. Exhibits / Attachments to. Filings Ifia participant files-a_ pleading or-other submission withLthe Licensing Board.that has additional documents

. appended-to-it as exhibits or attachments, a separate alpha or. numeric designation _ for each- appended- document ' (e.g. ,

Exhibit 1; Attachment-A) should be given to each appended- i document, either-on the1first page of the appended. document or on a cover / divider sheet in' front of the appended-

- document,

-III. Electronic Hearing Database.

' Establishing an electronic' database for this case.will be a-significant1 aid to::the: Licensing-Board and the parties-as theLproceeding-goes-forward. Although the agency's rules i of practice do not yet--incorporate. provisions for. filing and docketing documents electronically, the' Board nonetheless-Lwould'likesto have the participants' cooperation in establishing an electronic database'for this proceeding.

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To this end, the. Board requests that for each filing or

. submission that a_ participant makes, it provide the Board ,

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with an electronic version of the document. The electronic version of_.the document can be submitted by e-mail or on a 3.5 inch diskette. Text documents can be forwarded in their native wordprocessing format (e.g., Word, Wordperfect).8 Any nontext documents / attachment > (e.g., maps or older text documents for which an electronic version is not available) should be provided in any standard image format (e.g., BMP, TIFF, JPG, JIF).'

So that the Licensing Board can begin creating this database, within ten days from the date of this memorandum

-and order, each of the participants should provide the Board with an electronic version of any documents (e.g.,

hearing / intervention petitions or answers) they already_have filed in this proceeding. Electronic copies of future filings should be provided to the Board contemporaneously with the submission of the document.

Electronic copies of filings should be sent to James M.

Cutchin V by mail at the address given in paragraph II.B.1 above or by Internet e-mail to jmc3@nrc. gov (NRC Autos 2

In submitting the electronic version of text documents, the parties should be careful to ensure that any dates in the documents are entered using characters rather than a-"date code." Inserting a date code may cause the date to appear as the current date when the document is viewed, thereby creating confusion about the actual date of-l the document.

3 A party that has any questions about-image format compatibility or-does not have the capability of providing images of-nontext documents should contact Mr. James Cutchin at the phone number given in the text below.

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. 9 address.JMC3). . Mr:; Cutchin can be _ reached 'at.' (301) 415-7397 -

rif the' participants have any_ questions:aboutt. formatting-or '

- submitting electronic documents;-  ;

It is so ORDERED.

i FOR THE-ATOMIC SAFETY AND-LICENSING BOARD

• 7d .. 1. U b. d '

G. Paul Bollwerk, III i ADMINISTRATIVE JUDGE

~ Rockville, Maryland i

4 September-23, 1997 t:

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' 4 Copies of-'this memorandum and order are being sent thi's-date to counsel;for-PFS_and the petitioners by-J-

facsimile transmission and-to staff counsel by e-mail W

l transmission-through the agency's WAN.

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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION e

>In the Matter of i PRIVATE FUEL STORAGE, LLC Docket No.(s) 72-22-ISFSI

'(Independent Spent Fuel Storage Installation) i i

CERTIFICATE OF SERVICE '

i I hereby certify that copies of the foregoing LB M&O (INITIAL PREHEARING...)

have been served upon the following persons by U.S. mail, first class .except

i. as otherwise noted and in accordance with the requirements of 10 CFR Sec.-2.712.

Administrative Judge Office of Cosmiission Appellate G. Paul Bo11werk, III, Chairman _

! Adjudication Atomic Safety and Licensing Board i U.S. Nucle,ar Regulatory Commission . Mail Stop - T-3 F23

, Washington, DC .20555 U.S. Nuclear Regulatory Cosmiission l Washington, DC 20555 4

Administrative Judge Administrative Judge

. Jerry R. Kline . Thomas D.. Murphy i -Atomic Safety and Licensing Board Atomic Safety and Licensing Board

-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 l Sherwin E. Turk, Esq. Denise Chancellor, Esq..

. Catherine L. Marco, Esq. Assistant Attorney General Office of the General Counsci Utah Attorney General's Office Mail-Stop 15 B18 160 East 300 South, 5th Floor-U.S. Nuclear Regulatory Ccanission P.O. Box-140873 p Washington, DC 20555 Salt Lake City, UT 84114.

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i; Jay E. Silberg, Esq. John Paul Kennedy, Esq.

Shaw, Pittman, Potts and Trowbridge Confederated Tribes of the Goshute i: '2300 N Street, NW Reservation and David Pete Washington, DC 20037- 1385 Yale Avenue Salt Lake City, UT 84105 i

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a Docket No.(s)72-22-ISFSI LB M&O (INITIAL PREHEARING...)

Clayton J. Parr, Esq.

' Jean = Belille Esq.- Castle Rock, et al.

Ohngo Saudadeh Devia _.

Kimball,-Parr, Waddoups, Brown & Gee Land and Water Fund of the Rockies' 185 S. State St., Suite 1300 2260 Baseline Road,-Suite-200 P.O. Box 11019 Boulder, C0 80302' Salt Lake City, UT 84147 Danny. Quintana, Esq.

Skull-Valley Band of Goshute Indians '

Danny Quintana & Assocs., P.C.

' 50 West Broadway, Fourth Floor -

Salt ITke City, UT -84101 Dated at Rockville, Md. this 23 day of September 1997

-l' g Office of the Secretary of the C'ommission 4

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