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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217J9611999-10-22022 October 1999 Order (Granting Motion for Leave to File Reply).* State 991021 Motion for Leave to File Reply to 991018 Pfs & Staff Responses Re Admission of late-filed,amend Contention Utah V Granted.With Certificate of Svc.Served on 991022 ML20217L8541999-10-21021 October 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Responses to State of Utah Request for Admission of late- Filed Amended Utah Contention V.* NRC Staff Do Not Oppose Motion.With Certificate of Svc ML20217E9281999-10-18018 October 1999 NRC Staff Response to State of Utah Request for Admission of late-filed Amended Utah Contention V.* Staff Submits That Contention V Should Be Rejected on Grounds That Contention Untimely Filed Without Good Cause.With Certificate of Svc ML20217E9691999-10-18018 October 1999 Applicant Response to State of Utah Request for Admission late-filed Amended Utah Contention V.* Recommends That State of Utah Request Should Be Denied as Untimely.With Certificate of Svc ML20212M0201999-10-0707 October 1999 Order (Schedule for Responses to Request for Admission of late-filed,amended Contention).* Responses to Amended Utah Contention V Shall Be Filed on or Before 991018. with Certificate of Svc.Served on 991007 ML20217B6741999-10-0404 October 1999 State of Utah Request for Admission of late-filed Amended Utah Contention V.* Amended Contention V Both Admissible & Meets Commission Standard for Late Filed Contentions & Should Be Admitted ML20217B6821999-10-0404 October 1999 Notice of Change of Address.* Submits Listed Address Change for C Nakahara ML20217B6861999-10-0404 October 1999 Declaration of M Resnikoff in Support of State of Utah Amended Contention V.* Declaration of M Resnikoff Re Inadequacy of Table S-4 in 10CFR51 to Address Environ Impacts of Transporting Sf.With Certificate of Svc ML20217B6921999-10-0404 October 1999 Notice of Withdrawal.* Informs That DG Moquin No Longer Represents State of UT in Proceeding & Notice of Appearance Withdrawn Effectively Immediately ML20212C1701999-09-20020 September 1999 Memorandum & Order (Revised General Schedule).* Orders That Parties Should Provide Board with Joint Rept That Outlines Suggested Schedule for Estimated One to Two Day Evidentiary Hearing.With Certificate of Svc.Served on 990920 ML20212B8351999-09-20020 September 1999 Memorandum & Order (Summary disposition-related Rulings).* Applicant 990903 Motion for Reconsideration &/Or Clarification of LBP-99-35 Denied.With Certificate of Svc. Served on 990920 ML20212B8271999-09-20020 September 1999 NRC Staff Correction to NRC Staff Objections & Responses to State of UT Second Set of Discovery Requests Directed to NRC Staff.* No Affidavit Being Provided in Support of Legal Change.With Certificate of Svc.Related Correspondence ML20212B8451999-09-13013 September 1999 State of UT Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribe B.* State Requests Denial of Motion.With Certificate of Svc ML20212B3491999-09-13013 September 1999 State of UT Reply to Application & Staff Oppositions Ot late-filed Second Amended UT Contention Q.* Applicants Objections to Admission of Second Amended Contention Q Without Merit & Should Be Admitted.With Certificate of Svc ML20212B3661999-09-13013 September 1999 Reply Declaration of M Resnikoff in Support of State of UT Second Amended Contention Q.* Statement of Qualications Was Filed on 971120,as an Exhibit to State of UT Contentions in Proceeding ML20211N4651999-09-0909 September 1999 Order (Granting Motion for Leave to File Reply).* State of Utah 990909 Motion for Leave to File Reply Granted in That State Reply to 990903 Pfs & Staff Responses Shall Be Filed by 990913.With Certificate of Svc.Served on 990909 ML20211N4821999-09-0909 September 1999 NRC Staff Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20211Q9211999-09-0909 September 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Response to Second Amended Contention Q.* Neither Applicant Nor Staff Oppose Subj Motion.With Certificate of Svc ML20212A4521999-09-0808 September 1999 Transcript of 990908 Prehearing Conference Private Fuel Storage,Inc in Rockville,Md.Pp 1168-1215 ML20211Q9301999-09-0707 September 1999 State of Utah Response to Impact of Board Ruling in LBP-99-34 (Utah Contention B) as Ruling May Relate to Other Admitted Contentions.* Maintains That Relevant Parts of Contentions R & Not Be Dismissed.With Certificate of Svc ML20211M5571999-09-0707 September 1999 Order (Schedule for Responses to Reconsideration/ Clarification Motion).* Orders That Party Responses Be Filed on or Before 990913.With Certificate of Svc.Served on 990907 ML20211M4051999-09-0707 September 1999 NRC Staff Position Regarding Impact of LBP-99-34 on Other Contentions.* Staff Submits That Remaining ITP-related Contentions (or Portions of Contentions) Should Be Dismissed.With Certificate of Svc ML20211M5691999-09-0707 September 1999 Applicant Position on Dismissal of ITP-related Contentions.* Requests That ITP-related Portions of Contentions Be Dismissed.With Certificate of Svc ML20211M3151999-09-0707 September 1999 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 ML20211N4901999-09-0303 September 1999 Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20211M2411999-09-0303 September 1999 NRC Staff Response to State of Utah Request for Admission of late-filed Second Amended Utah Contention Q.* Recommends for Reasons Stated,That State Second late-filed Contention Q Be Rejected.With Certificate of Svc ML20211M5421999-09-0303 September 1999 Applicant Response to State of Utah Request for Admission of late-filed Second Amended Utah Contention Q.* Applicant Requests That Board Deny Utah Request.With Certificate of Svc ML20211M2021999-08-31031 August 1999 Declaration of Jc Pechman.* Declaration of Jc Pechman Supporting Factual Statements Contained in State of Utah Supplemental Response to Applicant Second Discovery Request (Contention L),Filed on 990831 ML20211J8341999-08-31031 August 1999 State of UT Supplement Response to Applicant Second Discovery Request (Contention L).* State of UT Acceded to Applicant Request to Suppl State 990628 Discovery Request. with Certificate of Svc.Related Correspondence ML20211G8941999-08-30030 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah B).* Grants 990611 Motion for Summary Disposition of Pfs & Rendors Decision Re Contention Utah B in Favor of Pfs.With Certificate of Svc.Served on 990830 ML20211G8141999-08-30030 August 1999 Memorandum & Order (Granting in Part & Denying in Part Motion for Partial Summary Disposition Re Contention Utah K/Confederated Tribes B).* Decision Rendered in Favor of Pfs.With Certificate of Svc.Served on 990830 ML20211G8381999-08-30030 August 1999 Memorandum & Order (Denying Motion for Partial Summary Disposition of Contention Utah R).* Pfs Requests for Partial Summary Disposition on Part of Contention Utah R Denied. with Certificate of Svc.Served on 990830 ML20211G9001999-08-30030 August 1999 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 ML20211E8231999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah G).* Order Granted for Reasons Given in Memo.Decision Regarding Contention Rendered in Favor of Pfs.With Certificate of Svc.Served on 990827 ML20211E7411999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contentions security-A & security-B & Partial Summary Disposition Re Contention security-C).* Pfs Motion Granted. with Certificate of Svc.Served on 990827 ML20211F0221999-08-27027 August 1999 Memorandum & Order (Granting Motion for Summary Disposition Re Contention Utah M).* Pfs Established No Genuine Issue as to Any Matl Fact & Is Entitled to Judgement in Favor as Matter of Law.W/Certificate of Svc.Served on 990827 ML20211G9031999-08-26026 August 1999 Applicant Second Supplement Response to State First Requests for Discovery.* Applicant Files Suppl Response,Per 10CFR2.740(e),to Name Addl Witness to Be Called at Hearing. with Certificate of Svc.Related Correspondence ML20211A6691999-08-23023 August 1999 Order (Schedule for Responses to Request for Admission of late-filed Second Amended Contention Utah Q).* Orders That Party Responses to State 990820 Request Be Filed on or Before 990903.With Certificate Svc.Served on 990823 ML20211A5821999-08-20020 August 1999 NRC Staff Second Suppl Response to State of UT First Set of Discovery Requests Directed to NRC Staff.* Staff Reiterates & Renews Each Objection to State Discovery Requests.Related Correspondence ML20211B8411999-08-20020 August 1999 Supplemental Affidavit of a Ghosh.* Supplemental Affidavit of a Ghosh Re NRC Staff Objections & Responses to State of UT Second Set of Discovery Requests Directed to NRC Staff, Pertaining to Utah Contention K ML20211C0091999-08-20020 August 1999 Declaration of M Resnikoff in Support of State of Utah Second Amended Contention Q.* ML20211B8581999-08-20020 August 1999 Affidavit of B Sagar.* Affidavit of B Sagar Re NRC Staff Objections & Responses to State of Utah Second Set of Discovery Requests Directed to NRC Staff Re Utah Contention K 1999-09-09
[Table view] Category:PLEADINGS
MONTHYEARML20217L8541999-10-21021 October 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Responses to State of Utah Request for Admission of late- Filed Amended Utah Contention V.* NRC Staff Do Not Oppose Motion.With Certificate of Svc ML20212B8451999-09-13013 September 1999 State of UT Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribe B.* State Requests Denial of Motion.With Certificate of Svc ML20212B3491999-09-13013 September 1999 State of UT Reply to Application & Staff Oppositions Ot late-filed Second Amended UT Contention Q.* Applicants Objections to Admission of Second Amended Contention Q Without Merit & Should Be Admitted.With Certificate of Svc ML20211Q9211999-09-0909 September 1999 State of Utah Motion for Leave to Reply to Applicant & Staff Response to Second Amended Contention Q.* Neither Applicant Nor Staff Oppose Subj Motion.With Certificate of Svc ML20211N4821999-09-0909 September 1999 NRC Staff Response to Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20211Q9301999-09-0707 September 1999 State of Utah Response to Impact of Board Ruling in LBP-99-34 (Utah Contention B) as Ruling May Relate to Other Admitted Contentions.* Maintains That Relevant Parts of Contentions R & Not Be Dismissed.With Certificate of Svc ML20211M5691999-09-0707 September 1999 Applicant Position on Dismissal of ITP-related Contentions.* Requests That ITP-related Portions of Contentions Be Dismissed.With Certificate of Svc ML20211M4051999-09-0707 September 1999 NRC Staff Position Regarding Impact of LBP-99-34 on Other Contentions.* Staff Submits That Remaining ITP-related Contentions (or Portions of Contentions) Should Be Dismissed.With Certificate of Svc ML20211N4901999-09-0303 September 1999 Applicant Motion for Reconsideration & Clarification of Ruling on Applicant Motion for Summary Disposition of Contention Utah K/Confederated Tribes B.* with Certificate of Svc ML20210U3061999-08-16016 August 1999 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 ML20210Q6801999-08-0909 August 1999 State of Utah Response to Applicant Motion for Partial Summary Disposition of Utah Contention R & Reply to Staff Response to Applicant Motion.* State Requests Opportunity to Cross Examine Applicant Witnesses.With Certificate of Svc ML20210N3531999-08-0606 August 1999 State of Utah Motion for Leave to Reply to NRC Staff Response to Amended Contention Q.* State Disagrees with Staff Characterization of History & Significance of State Attempts to Raise Contention Q.With Certificate of Svc ML20210N3431999-08-0606 August 1999 State of Utah Response to Applicant Motion to Strike Part of State of Utah Response to Application Motion for Summary Disposition of Contention Utah K.* State of Utah Withdraws Arguments Re Tekoi Facility.With Certificate of Svc ML20210L0851999-08-0404 August 1999 NRC Staff Unopposed Motion for Extension of Time to Respond to State of UT Second Set of Discovery Requests Directed to NRC Staff.* Staff Requests Time Extension to Respond to Utah Discovery Requests.With Certificate of Svc ML20210M5531999-08-0404 August 1999 State of UT Reply to NRC Staff Response in Support of Applicant Partial Motion for Summary Disposition of UT Contention K & Confederated Tribes Contention B - Inadequate Consideration of Credible Accidents.With Certificate of Svc ML20210H9141999-07-30030 July 1999 Applicant Motion to Strike Part of State of Utah Response to Applicant Motion for Summary Disposition of Contention Utah K.* for Listed Reasons,Board Should Strike Portion of State Response.With Certificate of Svc ML20210H7941999-07-30030 July 1999 State of Utah Response to Applicant Motion to Compel Answers to Interrogatories for Utah Contention O.* State Fully & Completely Answered Applicant Four Interrogatories & Motion to Compel Should Be Dismissed.With Certificate of Svc ML20216D6331999-07-28028 July 1999 NRC Staff Response to Applicant Motion for Partial Summary Disposition of Utah Contention R - Emergency Plan.* Staff Supports Applicant Motion for Partial Summary Disposition of Utah Contention R & Recommends That Motion Be Granted ML20210H8371999-07-27027 July 1999 State of Utah Response to Applicant Motion for Summary Disposition of Utah Contention M.* State of Utah Has Reviewed Pleadings & Will Not Be Filing Responses to Applicant Motion or Staff Response.With Certificate of Svc ML20210H8201999-07-27027 July 1999 State of UT Response to Applicant Motion for Summary Disposition of UT Contention G.* State Granted an Extension of Time Until 990630 to File Simultaneous Response to Applicant Motion & Reply to Staff Response ML20210H8581999-07-26026 July 1999 State of UT Response to NRC Staff Response to Applicant Motion for Summary Disposition of Contention UT B.* Summary Disposition of UT Contention B Should Be Rejected by Board.With Certificate of Svc ML20210E4701999-07-22022 July 1999 State of UT Opposition to Applicant Motion for Partial Summary Disposition of UT Contention K & Confederate Tribes Contention B.* Response Raises Significant Safety Concerns That Applicant Has Not Addressed.With Certificate of Svc ML20210E3181999-07-22022 July 1999 State of UT Request for Admission of late-filled Amended Utah Contention Q.* Amended Contention Q Meets Commission Std for Late Filed Contentions & Should Be Admitted.With Certificate of Svc.Related Correspondence ML20210E3071999-07-22022 July 1999 State of Utah Unopposed Motion for Extension of Time to Respond to Applicant Motion to Compel Answers to Interrogatories (Contention O).* Neither NRC Nor State of UT Oppose Motion.With Certificate of Svc ML20210C6601999-07-22022 July 1999 NRC Staff Response to Applicant Motion for Partial Summary Disposition of Utah Contention K & Confederated Tribes Contention B.* Staff Submits That Applicant Entitled to Decision in Applicant Favor ML20210C6681999-07-20020 July 1999 Applicant Motion to Compel Answers to Interrogatories by State of Ut.* Board Should Compel State to Produce Info Requested by Applicant Interrogatories 2-4 & 6 Re Utah O. with Certificate of Svc ML20210C6561999-07-20020 July 1999 State of UT Unopposed Motion for Extension of Time for Partial Response to Applicant Motion for Partial Summary Disposition of UT Contention K & Confederated Tribes Contention B.* with Certificate of Svc ML20209H6861999-07-19019 July 1999 NRC Staff Response to Applicant Motion for Summary Disposition of Utah Contention G (Qa).* NRC Supports Motion for Summary Disposition of Utah Contention G & Recommends That Motion Be Granted ML20209H6951999-07-19019 July 1999 NRC Staff Response to Applicant Motion for Summary Disposition of Utah Contention M - Pmf.* Staff Supports Applicant Motion for Summary Disposition of Utah Contention M & Recommends That It Be Granted ML20210B1231999-07-16016 July 1999 State of Utah Opposition to Applicant Motion for Summary Disposition of Utah Contention B.* State Opposes Applicant 990611 Motion & Believes Applicant Not Entitled to Summary Disposition as Matter of Law.With Certificate of Svc ML20209G7171999-07-16016 July 1999 NRC Staff Response to Applicant Motion for Summary Disposition of Contention Utah B.* Supports Motion for Summary Disposition of Contention Utah B.Motion Should Be Granted.With EP Easton Affidavit & Certificate of Svc ML20209G0911999-07-13013 July 1999 State of Utah Motion to Dismiss Utah Contentions F & P.* Moves for Dismissal of Utah Contentions F & P,With Prejudice,Which Relate to Training Program for Private Fuel Storage Facility.With Certificate of Svc ML20196K8421999-07-0707 July 1999 NRC Staff Response to State of UT Request for Admission of late-filed Amended UT Contention C.* State late-filed Contention C Should Be Rejected as Failing to Satisfy Commission Requirements Admission.With Certificate of Svc ML20212J5561999-07-0101 July 1999 NRC Staff Response to Applicant Motion for Summary Disposition of UT Security a & Security B & Partial Summary Disposition of UT Security C.* Staff Supports Applicant Motion for Summary Disposition on UT Security A,B & C ML20196K5101999-07-0101 July 1999 State of UT Response to Applicant Motion for Summary Disposition of Contentions UT Security a & Security B & Partial Summary Disposition of Contention UT Security C.* with Certificate of Svc ML20196K5201999-07-0101 July 1999 Joint Motion for Extension of Time to Respond to Summary Disposition Motions on Contentions F & P.* Staff Has No Objection to Motion as Long as Time for Response Similarly Extended,As Requested.With Certificate of Svc ML20196K5221999-07-0101 July 1999 Applicant Request to Exceed Page Limitation for Response to State of UT Request for Admission of late-filed Amended UT Contention C.Applicant Requests to Be Allowed to File Up to 20 Page Response to Contention C.With Certificate of Svc 1999-09-09
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' DOCKETED l SepteniEE7,C1999 UNITED STATES OF AMERICA 99 SEP -7 P 3 :58 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BdkRD ADJL i In the Matter of )
)
PRIVATE FUEL STORAGE, L.L.C. ) Docket No. 72-22-ISFSI
)
(Independent Spent ) !
Fuel Storage Installation) )
NRC STAFF'S POSITION REGARDING THE IMPACT OF LBP-99-34 ON OTHER CONTENTIONS INTRODUCTION Pursuant to the Atomic Safety and Licensing Board's " Memorandum and Order (Granting '
Motion for Summary Disposition Regarding Contention Utah B)," LBP-99-34, 50 NRC (Aug. 30,1999), the staff of the Nuclear Regulatory Commission (Staff) hereby submits its views on the impact of LBP-99-34 on portions of other admitted contentions that pertain to the Rowley Junction Intermodal Transfer Point (ITP). See LBP-99-34, slip op. at 21. For the reasons set forth below, the Staff submits that the Licensing Board's grant of summary disposition regarding Utah Contention B merits the dismissal of all other ITP-related contentions.
BACKGROUND Contention Utah B (" License Needed for Intermodal Transfer Facility)" asserted that the ITP is a "de facto interim spent fuel storage facility" and, as such, must be licensed under 10 C.F.R. Part 72. See Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), LBP-98-7,47 NRC 142,184,251 (1998). On August 30,1999, the Board granted 9909090101 990907 [l PDR ADOCK 07200022 C PDR
b summary disposition of this contention in favor of Private Fuel Storage, L.L.C. (PFS or Applicant). LBP-99-34, supra. In ruling on the motion for summary disposition, the Licensing Board concluded that PFS is entitled to summary disposition on the issue of whether the ITP activities are governed by the general licensing provisions of 10 C.F.R. Part 71 and related Depanment of Transportation (DOT) regulations, so as not to require specific licensing under 10 C.F.R. Part 72. Id., slip op. at 15-16. The Licensing Board further held that since 10 C.F.R.
Pan 71 and related DOT regulations are applicable to the ITP, assenions that the requirements of 10 C.F.R. Part 72 should apply to the ITP constitute an impermissible challenge to the Commission's established regulatory scheme and cannot be entertained in this proceeding. Id.
at 17-18.
The Sttff's views with respect to the effect of the Board's Order on other admitted contentions pertaining to the ITP are set forth below. For the reasons set forth below, the Staff submits that all of the ITP-related contentions (or portions of contentions) should now be dismissed from this proceeding.
DISCUSSION
- 1. Utah K/ Confederated Tribes B (Inadeauate Consideration of Credible Accidents).
The Licensing Board admitted a portion of Utah K/ Confederated Tribes B pertaining to the ITP and noted that further litigation on its merits may be subject to disposition of Utah B.
LBP-98-7, 47 NRC at 190 & n.12. The relevant portion of the Board's ruling admits the following issue for litigation:
Further, this contention is admitted . . . regarding the State's assertions concerning the impact on the Rowley Junction ITP of accidents involving (1) materials or activities at or emanating from
the facilities specified above, or (2) hazardous materials that pass through Rowley Junction from the Laidlaw APTUS hazardous waste incinerator, the Envirocare low-level radioactive and mixed waste landfill, or Laidlaw's Clive Hazardous Waste Facility and Grassy Mountain hazardous waste landfill.
Id. at 190. At the same time, the Board rejected a portion of this contention regarding lack of consideration of accidents involving trucks or railcars transporting spent fuel casks as they travel to the ITP facility from reactor sites and thereafter along the Skull Valley Road as being an impermissible challenge to "the basic structure of the agency's regulatory processes, requirements, or rulemaking-associated determmations, including 10 C.F.R. Pan 71, which places such matters within the ambit of DOT regulation and control." Id. at 190-91. Inasmuch as the Licensing Board has now held that the ITP activities are governed by the provisions of 10 C.F.R. Part 71 and DOT regulations, potential safety impacts of accidents on the ITP should likewise be excluded from consideration in the proceeding.
- 2. Utah N (Floodind The Licensing Board admitted Utah N, which presents a safety concern regarding the ITP, noting that further litigation on its merits may be subject to disposition of Utah B. LBP-98-7, 47 NRC at 192 & n.15. This contention states as follows:
Contrary to the requirements of 10 C.F.R. i 72.92, the Applicant has completely failed to collect and evaluate records relating to flooding in the area of the intermodal transfer site, which is located less than three miles from the great Salt IAe shoreline.
Id. at 192,254. Inasmuch as this contention presents an assenion that the safety of operations at the ITP should be addressed under 10 C.F.R. Part 72 and seeks to impose requirements beyond what is required under Part 72, this contention presents an impermissible challenge to the
Commission's regulatory scheme, similar to Contention Utah B. See LBP-99-34, slip op.
at 17-18. Accordingly, this contention should now be dismissed.
- 3. Utah O (Hydrolony)
The Licensing Board admitted a portion of Utah O pertaining to " construction related groundwater impacts and other impacts relative to the Rowley Junction ITP," noting that further I
litigation on its merits may be subject to disposition of Utah B. LBP-98-7,47 NRC at 193 and n.16. At the same time, the Licensing Board rejected a portion of this contention that raised issues pertaining to the groundwater impacts of spent fuel shipments on transportation routes as being an impermissible challenge to the Commission's regulations or rulemaking determinations, including 10 C.F.R. Part 71. Id. at 192. Now that the Board has held that the ITP activities are also governed by the provisions of 10 C.F.R. Part 71 and DOT regulations, issues perta' m ing to groundwater impacts of the ITP should likewise be excluded from consideration in the proceeding.
- 4. Utah R mmereency Plan)
The Licensing Board admitted a portion of Utah R pertaining to the ITP, which asserted that "PFS does not address transportation accidents or accidents at the intermodal transfer point."
LBP-98-7,47 NRC at 195. The Board noted, however, that further litigation on its merits may F
be subject to disposition of Utah B. Id. at 1% n.18.
The Commission's regulations at 10 C.F.R. i 72.32 establish the emergency planning and preparedness requirements that apply to ISFSIs. This section imposes no requirements for offsite emergency preparedness, nor does it establish emergency planning requirements for transfer points l i
in transportation. The only offsite emergency planning requirements imposed by Part 72 are that 1 ISFSI licensees be committed to notify offsite response organizations and request offete
assistance, coordinate with offsite response organizations that are expected to assist in an on-site response, effectively use offsite assistance on-site, and make arrangements for providit I
information to the public. See 10 C.F.R. Il 72.32(a)(8), (15), and (16). Specific planning for offsite protective actions is not required, and offsite response organizations are not required to participate in on-site exercises. Sec 10 C.F.R. Il 72.32(a)(12) and (15).
As the Licensing Board has recognized, the established regulatory scheme for the transportation of spent fuel is found in 10 C.F.R. Part 71 and related DOT regulations, and it is this regulatory scheme that applies to the ITP. LBP-99-34, slip op. at 17. Assertions that the requirements of 10 C.F.R. Part 72 sbould apply to the ITP constitute an impermissible challenge to the Commission's established regulatory scheme, seek to impose requirements beyond those set forth in 10 C.F.R. Part 72, and may not be entertained in this proceeding. Id. at 17-18.
v Therefore, this issue should be excluded from consideration in this Part 72 proceeding.
- 5. Utah S (Decommissionino) l The Licensing Board admitted a portion of Utah S pertaining to the ITP, noting that further l litigation on its merits may be subject to disposition of Utah B. LBP-98-7,47 NRC at 196-97 and n.19. This issue (Basis 11) stated as follows:
The Applicant has failed to provide decommissioning procedures and costs at an intermodal transfer facility (Rowley Junction). In fact the application has failed to provide any significant details concerning the planned structures and operations at the transfer facility.
" State of Utah's Contentions on the Constmetion and Operating License Application by ,
Private Fuel Storage, LLC for an Independent Spent Fuel Storage Facility" (" Utah Contentions"), i dated November 23,1997, at 130. I i
1
1 L
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I l The State, in support of its contention, relies on the requirements of 10 C.F.R. Il 72.30(a) and 72.30(b). These regulations pertain to the need for a proposed decommissioning plan to assure that decommissioning of the ISFSI at the end of its useful life will provide adequate protection of public health and safety and to the need for a decommissioning funding plan to show that adequate l funds will be available to decommission the ISFSI. See 10 C.F.R. I 72.30. In LBP-99-34, the Licensing Board specifically held that ITP activities are governed by the provisions of 10 C.F.R.
, Part 71 and DOT regulations. Regulations in 10 C.F.R. Part 72 that pertain to decommissioning of the ISFSI are not applicable to the ITP. Inasmuch as this portion of the contention presents an assertion that operation of the ITP should be addressed under 10 C.F.R. Part 72, and seeks to impose requirements beyond what is required under Part 72, it presents an impermissible challenge to the Commission's regulatory scheme, similar to Contention Utah B. Accordingly, this portion of the contention should be dismissed.
- 6. Utah T (Inadaquate Assessment of Required Permits and Other Fntitlements)
The Licensing Board admitted a portion of Utah T pertaining to the ITP and noted that further litigation on its merits may be subject to disposition of Utah B. LBP-98-7,47 NRC at 197-98 and 198 n.20. The relevant portion of the Board's ruling addressed the following issue:
The Applicant has shown no proof of entitlement to build a transfer facility at Rowley Junction or right to use the terminal there; nor has it identified the number of casks expected on each shipment, or explained the effects of rail congestion or whether Rowley Junction has the capacity of handling the expected number of casks; nor has it shown that Union Pacific is willing and capable to handle shipments to Rowley Junction.
Id. at 197. The Licensing Board rejected a portion of this contention that relied upon rail shipment volume as its basis, for the same reason it rejected this issue in Utah B - i.e., because 1
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it constitutes an impermissible challenge to "the Commission's regulations or rulemaking-associated generic determinations, including' the provisions of 10 C.F.R. Part 71 governing transportation of spent fuel from reactor sites to the PFS facility." Id. at 184; cf. id. at 198 n.20.
I Inasmuch as the Licensing Board has now held that the ITP activities are governed by the provisions of 10 C.F.R. Part 71 and DOT regulations, issues pertaining to the proof of entitlement to build at the ITP and the willingness and capability of Union Pacific to handle shipments, should likewise be excluded from litigation in this proceeding. l
- 7. Utah U (Impacts of Onsite Storage Not Considered)
The Licensing Board admitted a portion of Utah U (Basis 1), noting that further litigation on its merits may be subject to disposition of Utah B. LBP-98-7,47 NRC at 199 and n.22. This issue, which was not reprinted in the Board's Order, stated as follows:
The ER fails to consider the impacts of overheating of casks due to the facility's inadequate thermal design. See Contention H (Inadequate Thermal Design), whose basis is adopted and incorporated herein by reference.
Utah Contentions at 142. This matter, by its terms, pertains to the facility's thermal design and "onsite" storage, and does not address the ITP. Moreover, nowhere in this contention, nor in Contention H which is referenced herein, is any mention made of the ITP. Therefore, there does not appear to be any ITP-related matter to litigate with respect to Contention U.2 In any event, 2
To be sure, during oral argument concerning the admission of this contention, the State raised an issue concerning the environmental impacts of potential sabotage at the ITP. See Tr.
at 525-28. Counsel for the State remarked, "there's an issue here as to whether the intermodal transfer station at Rowley Junction constitutes part of the storage facility that should be subject to protection." Tr. 525. The State's assertion of this matter in oral argument exceeded the scope of the contention's written terms.
n l
however, even if this contention had raised an issue concerning potential sabotage at the ITP, that j issue constitutes an impermissible challenge to the Commission's regulatory scheme whereby L sabotage during transportation is regulated under 10 C.F.R. Part 71 and the related physical protection requirements of 10 C.F.R. f 73.37 - and this issue was specifically excluded by the Licensing Board in its ruling on the contention. See LBP-98-7,47 NRC at 199.8
- 8. Utah W (Other Imoacts Not Considered)
The Board admitted a portion of Utah W pertaining to the ITP, noting that further litigation on its merits may be subject to disposition of Utah B. LBP-98-7,47 NRC at 201,202 n.24. The relevant portion of the Board's ruling admits the foliowing issue for litigation:
The Environmental Report does not adequately consider the adverse impacts of the proposed ISFSI and thus does not comply with NEPA or 10 C.F.R. i 51.45(b) in that the Anolicant has not adequately considered the impact of floodine on the intermodal transfer ooint.
Id. at 256; emphasis added. In support of this contention, the State relied solely on Contention Utah N (Flooding), stating that its " basis is incorporated herein." Utah Contentions at 163.
Inasmuch as these contentions present an assertion that the safety of operations at the ITP should be addressed under 10 C.F.R. Part 72, and thereby seek to impose requirements beyond what is required under Part 72, this portion of Contention Utah W presents an impermissible challenge to the Commission's regulatory scheme arxl it should therefore be dismissed.
8 The Staff notes that potential environmental impacts involving transportation were raised in Contention Utah V. See LBP-98-7,47 NRC at 199-201 and 256.
4 CONCLUSION For the reasons set forth above, the Staff submits that the remaining ITP-related contentions (or portions of contentions) should be dismissed.
Respectfully submitted, c .MM Catherine L. Marco Sherwin E. Turk Counsel for NRC Staff Dated at Rockvi!!e, Maryland this 7* day of September 1999 l
l l
l
[
DOCKETED USEC UNITED STATES OF AMERICA l
! NUCLEAR REGULATORY COMMISSION v) SEP -7 P3 :58
, BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0%
In the Matter of ) g ,. g
) i PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72-22-ISFSI
) ;
(Independent Spent )
Fuel Storage Installation) )
l CERTIFICATE OF SERVICE I hereby certify that copies of the "NRC STAFF'S POSITION REGARDING THE IMPACT OF l l LBP-99-34 ON OTHER CONTENTIONS" in the above captioned proceeding have been served ,
on the following through deposit in the Nuclear Regulatory Commission's internal mail system, l or by deposit in the Nuclear Regulatory Commission's internal mail system, as indicated by an asterisk, with copies by electronic mail, or by deposit in the United States mail, first class, as indicated by double asterisk, with copies by electronic mail as indicated, this 7th day of September,1999.
G. Paul Bollwerk, III, Chairman Atomic Safety and Licensing Board Panel Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Secretary (E-mail copy to GPB@NRC. GOV) ATTN: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission '
Dr. Jerry R. Kline Washington, DC 20555 Administrative Judge (E-mail copy to:
Atomic Safety and Licensing Board HEARINGDOCKET@NRC. GOV)
U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Commission Appellate l (E-mail copy to JRK2@NRC. GOV) Adjudication Mail Stop: 16-C-I OWFN l Dr. Peter S. Lam U.S. Nuclear Regulatory Commission Administrative Judge Washington, DC 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission James M. Cutchin, V l
Washington, DC 20555 Atomic Safety and Licensing Board (E-mail copy to PSL@NRC. GOV) U.S. Nuclear Regulatory Commission Washington, DC 20555 (by E-mail to JMC3@NRC. GOV)
L_-_
O Danny Quintana, Esq.* Diane Curran, Esq.*
Danny Quintana & Associates, P.C. Harmon, Curran, Spielberg 68 South Main Street, Suite 600 & Eisenberg, L.L. P.
Salt Lake City, UT 84101 1726 M. Street N.W., Suite 600 (E-mail copy to quintana @Xmission.com) Washington, D.C. 20036 (E-mail copy to Jay E. Silberg, Esq.* dcurran@harmoncurran.com)
Ernest Blake, Esq.*
Paul A. Gaukler, Esq.* John Paul Kennedy, Sr., Esq.*
SHAW, MTTMAN, POTTS & 1385 Yale Ave.
TROWBRIDGE Salt Lake City, UT 84105 2300 N Street, N.W. (E-mail copy to john @kennedys.org)
Washington, DC 20037-8007 (E-mail copies to jay _silberg, Joro Walker, Esq.*
paul _gaukler, and ernest _blake Land and Water Fund of the Rockies
@shawpittman.com) 2056 East 3300 South, Suite 1 Salt Lake City, UT 84109 Denise Chancellor, Esq.* (E-mail copy to joro61@inconnect.com)
Fred G. Nelson, Esq.
Utah Attorney General's Office Richard E. Condit, Esq.
160 East 300 South,5th Floor Land and Water Fund of the Rockies P.O. Box 140873 2260 Baseline Road, Suite 200 Salt Lake City, UT 84114-0873 Boulder, CO 80302 (E-mail copy to dchancel@ State.UT.US) (E-mail copy to rcondit@lawfund.org)
Connie Nakahara, Esq.*
Utah Dept. of Environmental Quality 168 North 1950 West P. O. Box 144810 Salt Lake City, UT 84114-4810 (E-mail copy to enakahar@ state.UT.US)
. Maq Catherine L. Marco Counsel for NRC Staff
.