ML20212B827

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

ML20212B827
Person / Time
Site:	07200022
Issue date:	09/20/1999
From:	Marco C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	UTAH, STATE OF
References
CON-#399-20834 ISFSI, NUDOCS 9909210020
Download: ML20212B827 (4)

Text

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kgo@ESPONDENCE September 20,1999 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 CORRECTION TO "NRC STAFF'S OBJECTIONS AND RESPONSES TO THE STATE OF UTAH'S SECOND SET OF DISCOVERY REOUESTS DIRECTED TO THE NRC STAFF' The NRC staff (Staff) hereby submits a correction to "NRC Staff's Objections and Responses to the State of Utah's Second Set of Discovery Requests Directed to the NRC Staff"(Discovery Response), dated August 20,1999. The Staffs objection to Request for Admission No. 20 refers in pan to cruise missiles, which was not the subject of Request for Admission No. 20. For this reason, the Staff withdraws this part ofits objection to Request for Admission No. 20. A corrected page to the Staff s August 20,1999, Discovery Response is attached hereto. No affidavit is being provided in support of this essentially legal change.

Respectfully submitted,

$N14Nt.2.f. WClM.d Catherine L. Marco Counsel forNRC Staff Dated at Rockville, Maryland this 20* 1ay of September,1999 9909210020 990920 PDR ADOCK 07200022 '

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comprehensive lessons learned program from earlier tests. The Staff, based on the above information, concluded that emise missiles flying in the vicinity of the proposed ISFSI site do not pose a credible hazard to the facility.

REOUEST FOR ADMISSION NO. 20: Admit that the probability of hazard to the proposed ISFSI posed by aircraft parts or munitions accidentally or intentionally dropping from military aircraft flying in the vicinity of the ISFSI is an aircraft hazard factor that must be evaluated in order to determine the total aircraft hazard to the proposed ISFSL STAFF RESPONSE.

The Staff objects to this request on the grounds that it constitutes a compound question.

Notwithstanding this objection, the request is denied. As defined by the State, for the purposes of this discovery request, " aircraft hazard factor" means "one of the individual probabilities that e

must be summed with all other individual probabilities in order to ascertain the total aircraft hazard probability pursuant to NUREG-0800." See State's Second Discovery Request at 8.

NUREG-0800 does not require an analysis of these factors as a part of aircraft hazard analysis.

REOUEST FOR ADMISSION NO. 21: Admit that Staff has not evaluated the probability of aircraft hazard to the proposed ISFSI posed by aircraft parts or munitions accidentally or intentionally dropping from military aircraft flying in the vicinity of the ISFSL STAFF RESPONSE.

The Staff objects to this request, in that it pertains to military aircraft hazards, a subject upon which the Staff has not yet taken a position. Notwithstanding this objection, the Staff states that it did consider the hazard posed by hanging bombs. The Staff views the State's discovery

g DOCKETED UNITED STATES OF AMERICA USMRC NUCLEAR REGULATORY COMMISSION I

99 SEP 20 P3 :20 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

O{

ADJUL f PRIVATEFUELSTORAGE LLC ) Docket No. 72-22-ISFSI

)

(Independent Spent )

Fuel Storage Installation) )

CERTIFICATE OF SERVICE I hereby certify that copies of"NRC STAFF'S CORRECTION TO "NRC STAFFS OBJECTIONS AND RESPONSES TO THE STATE OF UTAH'S SECOND SET OF DISCOVERY REQUESTS DIRECTED TO THE NRC STAFF' in the above captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's intemal 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 20* day of September,1999.

G. Paul Bollwerk,III, Chainnan* . 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 Dr. Jerry R. Kline* U.S. Nuclear Regulatory Commission Administrative Judge Washington, DC 20555 Atomic Safety and Licensing Board (E-mail copy to U.S. Nuclear Regulatory Commission HEARINGDOCKET@NRC. GOV)

Washington, DC 20555 (E-mail copy to kierrv@erols.com) Office of the Commission Appellate Adjudication

! Dr. Peter S. Lam

• Mail Stop: 16-C-1 OWFN Administrative Judge U.W. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 -

' U.S. Nuclear Regulatory Commission Washington, DC 20555 (E-mail copy to PSL@NRC. GOV)

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James M. Cutchin, V* Danny Quintana, Esq.* *

' Atomic Safety and Licensing Board . Danny Quintana & Associates, P.C.

. U.S. Nuclear Regulatory Commission 68 South Main Street, Suite 600 Washington, DC 20555 Salt Lake City, UT 84101 (E-mail to JMC3@NRC. GOV) (E-mail copy to quintana

@Xmission.com)

Jay E. Silberg, Esq."

Ernest Blake, Esq. . Joro Walker, Esq.**

~ Paul A. Gaulkler, Esq. Land and Water Fund of the Rockies SHAW, PITTMAN, PO'ITS & 2056 East 3300 South, Suite 1 TROWBRIDGE Salt Lake City, UT 84109 2300 N Street, N.W. (E-mail copy to Washington, DC 20037-8007 ioro61 @inconnect.com)

(E-mail copy to jay _silberg, paul _gaukler, and ernest _blake John Paul Kennedy, Sr., Esq.**

@shawpittman.com) 1385 Yale Ave.

Salt Lake City, UT 84105 Denise Chancellor, Esq.** (E-mail copy to iohn@kennedvs.orr)

Fred G. Nelson, Esq.

Laura lockhart, Esq. Richard E. Condit, Esq.**

Utah Attorney Genefal's Office land and Water Fund of the Rockies 160 East 300 South,5* Floor 2260 Baseline Road, Suite 200 P.O. Box 140873 Boulder, CO 80302 Salt Lake City, UT 84114-0873 (E-mail copy to recondit @lawfund.orr)

(E-mail' copy to dchancel @ State.UT.US)

Diane Curran, Esq.**

Connie Nakahara, Esq.** Harmon, Curran, Spielberg & Eisenberg Utah Dept. of Environmental Quality - 1726 M Street, N.W., Suite 600 168 North 1950 West Washington, D.C. 20036 P.O. Box 144810 (E-mail copy to deurran Salt Lake City, UT 84114-4810 @harmoncurran.com)

(E-mail copy to enakahar@stee.UT.US)

N D CMce' Catherine L. Marco l Counsel for NRC Staff l

.