ML20211N482

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

ML20211N482
Person / Time
Site:	07200022
Issue date:	09/09/1999
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20211N474	List: ML20211N469 ML20211N482
References
ISFSI, NUDOCS 9909130004
Download: ML20211N482 (5)

Text

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e-September 9,1999 UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

. . )

PRIVATE FUEL STORAGE, L.L.C. ) Docket No. 72-22-ISFSI

)

(Independent Spent Fuel )

Storage Installation) )

NRC STAFF'S RESPONSE TO

" APPLICANT'S MOTION FOR RECONSIDERATION AND CLARIFICATION OF RULING ON THE APPLICANT'S MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION UTAH K/ CONFEDERATED TRIBES B."

On September 3,1999, Private Fuel Storage, L.L.C. ("PFS" or " Applicant") filed a motion seeking reconsideration and clarification of the Licensing Board's decision ruling on Applicant's motion for summary disposition of Contention Utah K/ Confederated Tribes B. In its Motion, PFS requests that the Board reconsider its denial of summary disposition on one aspect of this contention, concerning the firing of military ordnance in tra'ming on Dugway Proving Ground (DPG), based on undisputed evidence presented in support of its summary disposition i

motion that the weapons involved in such training are fired away from the PFS facility, and stringent safety procedures are employed by the Army to prevent the firing of such weapons from See (1) " Applicant's Motion for Reconsideration and Clarification of Ruling on the Applicant's Motion for Summary Disposition of Contention Utah K/ Confederated Tribes B"

(" Motion"), dated September 3,1999; (2) Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), LBP-99-35,50 NRC (Aug. 30,1999); and (3) " Applicant's Motion for Partial Summary Disposition of Utah Contention K/ Confederated Tribes Contention B," dated June 7,1999.

9909130004 99o909 PDR ADOCK 07200o22 C PDR

F i

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causing unintended harm (Motion at 1,3). Further, PFS seeks clarification from the Licensing i

Board with respect to one aspect of the Applicant's motion for summary disposition which was not explicitly addressed in the Board's ruling, and which was not disputed by any other party, to l i

indicate that the use of air-delivered ordnance other than cruise missiles on the Utah Test and Training Range (UTTR) does not pose a credible hazard to the PFS facility (Id. at 4-6). j The Staff has reviewed the Applicant's motion for summary disposition and the pleadings that were filed by the State of Utah and the Staff in response thereto.2 Based on its review of i these documents, the Staff submits that the Applicant's Motion, Statement of Material Facts, and l supporting evidence concerning these issues - which were not contested by any other party -  ;

demonstrated that it was entitled to summary disposition on these issues as a matter of law.'

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See (1) " State of Utah's Opposition to Applicant's Motion for Partial Summary Disposition  ;

of Utah Contention K and Confederate [d] Tribes Contention B," dated July 22,1999; (2) "NRC j Staff's Response to Applicant's Motion for Partial Summary Disposition of Utah Contention K and Confederated Tribes Contention B," dated July 22,1999 (" Staff Response"); and (3) " State of Utah's Reply to NRC Staff's Response in Support of Applicant's Partial [ sic] Motion for Summary Disposition of Utah Contention K and Confederated Tribes Contention B -Inadequate Consideration of Credible Accidents," dated August 4,1999.

3 The Staff has previously expressed its view that conventional weapons testing at the DPG, and munitions testing at the UTTR, do not present a credible hazard to the PFS facility. See Staff Response ut 10-11 and 12. The Staff has further indicated that in forming its position concerning DPG weapons testing, it considered, inter alj2, that "the firing of weapons at the Dugway Proving f Ground is governed by safety regulations and all range firing is rpnbred; [and] guns on the firing ranges are oriented away from the proposed facility. . . ." See "NRC Staff's Objections and Responses to the State of Utah's Second Set of Discovery Requests Directed to the NRC Staff," dated August 20,1999, at 7.

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CONCLUSION For the reasons set forth above, the Staff supports the Applicant's Motion and recommends that it be granted, i

Respectfully submitted, l

./

[86 W/t.> /

Sherwin E. Turk j Counsel for NRC Staff Dated at Rockville, Maryland i this 9th day of September 1999 l l

l l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

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 RESPONSE TO APPLICANT'S MOTION )

FOR RECONSIDERATION AND CLARIFICATION OF RULING ON THE APPLICANT'S MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION UTAH K/ CONFEDERATED TRIBES B" in the above captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's internal mail system, 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 9th 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 l Administrative Judge (E-mail copy to: i Atomic Safety and Licensing Board HEAFMUDOCKET@NRC. GOV) j U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Commission Appellate (E-mail copy to JRK2@NRC. GOV) Adjudication Mail Stop: 16-C-I OWFN i 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 Washington, DC 20555 Atomic Safety and Licensing Board s (E-mail copy to PSL@NRC. GOV) U.S. Nuclear Regulatory Commission Washington, DC 20555 (by E-mail to JMC3@NRC. GOV)

?. ,

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, PITTMAN, 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) tu '

Sherwin E. Turk Counsel for NRC Staff i