ML20211M315

Joint Rept to Aslb.* Authorizes Applicant to Submit Joint Rept Re Scheduling of Nov 1999 Evidentiary Hearing,Estimate of Time Trial & Security-C Hearings in Response to 990830 Memorandum & Order.With Certificate of Svc

ML20211M315
Person / Time
Site:	07200022
Issue date:	09/07/1999
From:	Silberg J AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
CON-#399-20800 ISFSI, NUDOCS 9909090081
Download: ML20211M315 (5)

Text

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O 2d 7d DOCKETED USNRC September 7,1999 9 SEP -8 P4 :34 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OTTr Before the Atomic Safety and Licensing Board A l

In the Matter of

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l PRIVATE FUEL STORAGE L.L.C.

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Docket No. 72-22

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i (Private Fuel Storage Facility)

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l JOINT REPORT TO THE j

ATOMIC SAFETY AND LICENSING BOARD

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l In its Memorandum and Order (Administrative and Scheduling Matters), dated i

August 30,1999, the Atomic Safety and Licensing Board (" Board") requested that the parties consult with each other and provide ajoint report to the Board concerning several matters l

l relating to the scheduled November 1999 evidentiary hearing. The report was to assist in l

l preparation for the September 8,1999 telephonic prehearing conference.

j l

i In response to the Board's directive, the Applicant, the NRC Staff and the State of Utah L

1 have consulted with each other concerning the scheduled November 1999 evidentiary hearing.

Based upon these consultations, the NRC Staff and the State of Utah have authorized the l

Applicant to submit the following joint report.

l 1.

Scheduling of Evidentiary Hearing The Applicant proposes, and the NRC Staff and the State of Utah have agreed, that the Board should defer the evidentiary hearing scheduled for November 1999. Applicant has proposed this deferral for several reasons, including (a) the relatively small number ofissues that 9909090001 990907 9

[DR ADOCK 07200022

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would be ready for the evidentiary hearings, (b) the fact that the NRC Staff does not anticipate being able to take a position on those portions of Contention Utah K on which summary disposition was defeired on a schedule which would allow evidentiary hearings in November, (c) that fact that deferral would allow the Staff and the Applicant to focus their efforts on completing 4

the analyses of outstanding issues without the loss of resources needed for the hearings, and (d).

the possibility that deferral of the November hearings will allow an earlier start to the Group II hearings now set to begin on July 31,2000.

The panies believe that the Group I contentions that would otherwise be the subject of the November evidentiary hearings should be heard together with the Group II contentions and that this consolidation would be a more efficient ure of the Board and the parties' resources. The Applicant and the NRC Staff also believe that deferral of the November 1999 hearings might allow the hearings now scheduled to begin on July 31,2000 to be advanced. The panies have agreed to consult further to determine whether they can agree on a revised schedule to propose to the Board.

2.

Estimate of Trial Time 1

The Board's Memorandum and Order requested that the parties estimate how long they believe it would take to try Utah K, Utah R'and Security C. In view of the proposed hearing deferral, the parties respectfully believe that it is premature to estimate the time necessary to try the three listed issues.

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l 3.

Security-C Hearings The Board's Memorandum and Order also requested that the parties advise the Board j

whether they anticipated that the evidentiary hearing regarding contention Security-C will i

involve the presentation and discussion of protected safeguards information. The NRC Staff s i

position is that it is likely that such information will need be presented and discussed in the evidentiary hearings on this contention and therefore that at least some portions of the hearings on this contention will need to be closed to the public. The Applicant has no reason to disagree with the Starts view. The State believes that closed hearings will not be required.

l Dated: September 7,1999 Respectfully submitted, f

Am jam?,/Silberg j

Ernest L. Blake Paul A. Gaukler SHAW PITTMAN 2300 N Street, N.W.

Washington, D.C. 20037 Tel. (202) 663-8000 Counsel for Applicant l

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DOCKETED USHRC UNITED STATES OF AMERICA

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OFFK i

NUCLEAR REGULATORY COMMISSION RU!. !

i ADJUu r

Before the Atomic Safety and Licensing Board

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In the Matter of

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PRIVATE FUEL STORAGE L.L.C.

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Docket No. 72-22 I

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(Private Fuel Storage Facility)

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CERTIFICATE OF SERVICE I hereby certify that copies of the Joint Report to the Atomic Safety and Licensing Board were served on the persons listed below (unless otherwise noted) by e-mail with conforming copies by U.S. mail, first class, postage prepaid, this 7th day of September, 1999.

G. Paul Bollwerk III, Esq., Chairman Dr. Jerry R. Kline Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuchar Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 e-mail: GPB@nre gov e-mail: JRK2@nrc. gov; kjerrv@erols.com Dr. Peter S. Lam

• Susan F. Shankman Administrative Judge Deputy Director, Licensing & Inspection Atomic Safety and Licensing Board Panel Directorate, Spent Fuel Project Office U.S. Nuclear Regulatory Commission Office ofNuclear Material Safety &

Washington, D.C. 20555-0001 Safeguards e-mail: PSL@nrc. gov U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Office of the Secretary

• Adjudicatory File U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission Attention: Rulemakings and Adjudications Washington, D.C. 20555-0001 Staff e-mail: hearingdocket@nrc. gov (Originaland two copies)

Catherine L. Marco, Esq.

Denise Chancellor, Esq.

Shenvin E. Turk, Esq.

Assistant Attorney General Office of the General Counsel Utah Attorney General's Office Mail Stop O-15 B18 160 East 300 South, 5* Floor U.S. Nuclear Regulatory Commission P.O. Box 140873 Washington, D.C. 20555 Salt Lake City, Utah 84114-0873 c-mail: pfscase@nrc gov e-mail: dchancel@ state;UT.US John Paul Kennedy, Sr., Esq.

Joro Walker, Esq.

Confederated Tribes of the Goshute Land and Water Fund of the Rockies Reservation and David Pete 2056 East 3300 South, Suite 1 1385 Yale Avenue Salt Lake City, UT 84109 Salt Lake City, Utah 84105 e-mail: joro61@inconnect.com e-mail: john @kennedvs.org Diane Curran, Esq.

Danny Quintana, Esq.

Harmon, Curran, Spielberg &

Skull Valley Band of Goshute Indians Eisenberg, L.L.P.

Danny Quintana & Associates, P.C.

1726 M Street, N.W., Suite 600 68 South Main Street, Suite 600 Washington, D.C. 20036 Salt Lake City, Utah 84101 e-mail: dcurran.harmoncurran.com e-mail: quintana @xmission.com

• By U.S. mail only p

l Y

Jay Egilbfg y

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