ML20212H786

State of UT Unopposed Motion for Extension of Time for State to Respond to Applicant Summary Disposition Motions for UT Contentions B & K.* Neither Applicant Nor NRC Staff Oppose Motion.With Certificate of Svc

ML20212H786
Person / Time
Site:	07200022
Issue date:	06/21/1999
From:	Chancellor D UTAH, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#299-20569 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9906280146
Download: ML20212H786 (5)

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DOCKETED iJ3FPc UNITED STATES OF AMERICA NUCLEAR REGUI.ATORY COMMISSION

'99 JW! 24 P4 :33 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j

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In the Matter of:

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Docket No. 72-22-ISFSI

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PRIVATE FUEL STORAGE, LLC )

ASLBP No. 97-732-02 ISFSI

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Independent Spent Fuel

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Storage Installatien)

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June 21,1999 l

STATE OF UTAH'S UNOPPOSED MOTION FOR EXTENSION OF TIME i

FOR THE STATE TO RESPOND TO APPLICANT'S S'UMMARY DISPOSITION MOTIONS FOR UTAH CONTENTIONS B AND K The Applicant has filed Motions for Summary Disposition on Utah

' Contentions B (License Needed for Intermodal Transfer Facility), F/P (Training), H (Inadequate Thermal Design), K (Inadequate Consideration of Credible Accidents),

Security A, Security B and Security C. The State's responses to these various motions are all due within the next two weeks.' In addition, the State must file a response to the Applicant's discovery for Group II and III contentions by June 28.

There are a number of reasons why the schedule is unachievable. First, the Applicant has received various extensions of time, unopposed by the State, in which to I

' Contention H response is due on June 25, Contention K on June 28, and Contentions B. F/P, and Security A, Security 3 and Security C on July 1; The State's reply to the Staff's response would be due 10 days after the foregoing dates (ranging from July 9 through July 21).

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1 i.j write its motion on Contention K.* Second, th~e Motion on Contention K is supported by ten different affidavits, all of which will require a substantial amount of time for -

analysis and response by various experts. Thhd, at least two of the State's attorneys j

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/ will be' out of the hffice at the end of June and early July.' Fourth, the State is

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1 experiencing difficulty in obtaining assistance from State technical experts needed to

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assist with various motions because these employees are engaged in outdoor field work during this time of the year. Fifth, summer is the prime vacation time and often key

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experts are unavailable within the 20 day period allotted to respond to Summary Disposition Motions. Sixth, the requested extensions will not delay the overall schedule.

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i The State believes that it would be able to meet the current schedule if the

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Board were to grant the following extensions: (1) Contention B: State's response to Applicant's Motion due by July 16 and State's reply to Staff due July 26; (2)

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i Contention K: State's response to Applicant's Motion due by July 22 (July 23 is a public holiday in Utah for Pioneer Day) and State's reply to the Staff's response due by July 28.' If the Staff files an early response to the Motion on Contention K, the State

. will reply to the Staff's response within th earlier of 10 days after the date of the

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Some, but not all, of these extensions were necessitated by the tight deposition schedule in May and the sickness and unavailability of a two key State employees.

3 Ms. Chancellor and Ms. Curran will be on vacation the week of July 5 and Ms. Chancellor will be at an annual Utah State Bar convention on June 30 to July 3.

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'A Staff's response (provided the due date of the State's reply is no earlier than July 22) or by July 28,1999.

The State has contacted counsel for the Applicant and the Staff, neither of whom oppose this Motion. The State respeafully requests the Board to grant the requested extensions of time.

DATED this 21st day of June,1999.

Respectfull submitted kJ

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Denis'e Ch'anhllor(Assistant httorn%* CYnFr'al Fred D Nelson, Assistant Attorney General j

Diane Curran, Special Assistant Attorney General Connie Nakahara, Special Assistant Attorney General Attorneys for State of Utah j

Utah Attorney General's Office 160 East 300 South,5th Floor, P.O. Box 140873 Salt Lake City, UT 84114-0873 Telephone: (801) 366-0286, Fax: (801) 366-0292 3

c DOCKETED USNRC CERTIFICATE OF SERVICE

. I hereby certify that a copy of STATE OF UTAH'S UNOPPOSED 99 JUN 24 P4 :33 MOTION FOR EXTENSION OF TIME FOR THE STATE TO RESPOND TO RU. '

APPLICANT'S

SUMMARY

DISPOSITION MOTIONS FOR UTAH '

CONTENTIONS B AND K was served on the persons listed below by electronic mail (unless otherwise noted) with conforming copies by United States mail first class, this 21st day of June,1999:

Rulemaking & Adjudication Staff Dr. Peter S. Lam Secretary of the Commission Administrative Judge U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington D.C. 20555 U. S. Nuclear Regulatory Commission E-mail: hearingdocket@nrc. gov Washington, DC 20555 (originaland two copies)

E-Mail: psl@nrc. gov G. Paul Bollwerk, III, Chairman Sherwin E. Turk, Esq.

Administrative Judge Catherine L. Marco, Esq.

Atomic Safety and Licensing Board Office of the General Counsel U. S. Nuclear Regulatory Commission Mail Stop 15 B18 Washington, DC 20555 U.S. Nuclear Regulatory Commission E. Mail: gpb@nrc. gov Washington, DC 20555 E-Mail: set @nrc. gov Dr. Jerry R. Kline E-Mail: clm@nrc. gov Administrative Judge E-Mail: pfscase@nrc. gov Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Jay E. Silberg, Esq.

Washington, DC 20555 Ernest L. Blake, Jr.

E Mail: jrk2@nrc. gov Shaw, Pittman, Potts & Trowbridge E Mail: kjerry@erols.com 2300 N Street, N. W.

Washington, DC 20037 8007 E-Mail: Jay _Silberg@shawpittman.com E-Mail: ernest _blake@shawpittman.com E-Mail: paul _gaukler@shawpittman.com 4

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John Paul Kennedy, Sr., Esq.

Danny Quintana, Esq.

1385 Yale Avenue Danny Quintana & Associates, P.C.

Salt Lake City, Utah 84105 50 West Broadway, Fourth Floor E-Mail: john @kennedys.org Salt Lake City, Utah 84101 E-Mail: quintana @xmission.com Richard E. Condit, Esq.

Land and Water Fund of the Rockies James M. Cutchin 2260 Baseline Road, Suite 200 Atomic Safety and Licensing Board Boulder, Colorado 80302 Panel j

E-Mail: rcondit@lawfund.org U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Joro Walker, Esq.

E-Mail: jmc3@nrc. gov Land and Water Fund of the Rockies (electronic copy only) 2056 East 3300 South Street, Suite 1 Salt Lake City, Utah 84109 Office of the Commission Appellate

- E Mail: joro61@inconnect.com Adjudication Mail Stop: 16-G-15 OWFN

'U. S. Nuclear Regulatory Commission Washington, DC 20555 (United States mailonly)

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/Y Be9se dhandllor

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Assistant Attorney General State of Utah i

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