ML20216D127
| ML20216D127 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/11/1998 |
| From: | Jacqwan Walker AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#298-19083 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9805200173 | |
| Download: ML20216D127 (7) | |
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/907.9 00CKETED USHRC UNITED STA'iES OF AMERICA
% MAY 18 P12:04 NUCLEAR REGULATORY COMMISSION OFFIC!: W BEFORE THE ATOMIC SAFETY AND LICENSING BORRDry 'SF:f,y,y' f
ADJULG, ' 1, sticF
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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 (Independent Spent Fuel
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Storage Installation)
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May 11,1998 OHNGO GAUDADEH DEVIA'S [OGD]
RESPONSE TO APPLICANT'S MOTION FOR RECONSIDERATION OF CONTENTIONS i
Ohngo Gaudadeh Devia [OGD] hereby responds to the Motion for i
Reconsideration and Clarification filed by Private Fuel Storage, L.L.C. [PFS].
I Specifically, OGD urges the Atomic Safety and Licensing Board [ Board] to l
confirm its decision to admit OGD's Contention 0, as previously delineate by the Board in its April 22 Order, without modification suggested by PFS.
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l I. Background OGD filed a petition to intervene in this matter September 12,1997. On November 24,1997, OGD filed its Contentions Regarding the Materials License Application of[PFS] in an Independent Spent Fuel Storage Installation [ISFSI].
9805200173 9805gg PDR ADOCK 07200022 3
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i In a Memorandum and Order dated April 22,1998 [ Order], the Board granted OGD's petition to intervene and accepted OGD's Contention 0, subject to the j
Board's points of clarification. Order at 139-40. hi its Motion for Reconsideration and Clarification, PFS requests the Board to delete aspects of Contention O from further inquiry. Because the Board's Order has properly defined the scope of Contention 0 and PFS's request is not properly founded on the relevant regulations, the Board should dismiss PFS's motion regarding
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Contention O.
II. Argument PFS seeks to constrain OGD's Contention O in two ways, suggesting that OGD has failed to provide a sufficient factual basis for aspects of the contention.
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However, PFS's request is based on an unduly burdensome threshold l
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I requirement for admission of contentions which is contrary to the intent of the relevant regulations.
I First, PFS asserts that because OGD failed to identify the names of various sites and the hazardous wastes and harmful substances there, the, Board should not consider the reasonably foreseeable, disproportionate adverse impacts that these sites and the proposed ISFSI site may have on the area's minority and low income 2
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populations. PFS Motion at 20. However, in making this assertion, PFS misstates the threshold requirements for the admission of contentions.10 C.F.R.
Q 2.714 requires only that a contention be founded on a concise statement of the t
facts which are the basis for the contention "together with references to those specific sources... on which the petitioner intends to rely to establish those facts
...." 10 C.F.R. 2.714(b)(2)(ii). Furthermore, this threshold requirement "does not call upon the intervenor to make its case at this stage of the proceedings...."
Comments on Specific Proposals, with Responses, Rules of Practice for Domestic Licensing Proceedings - Procedural Changes in the Hearing Process,54 FR 33168 (1989)(codified at 10 C.F.R. 2.714)
By providing a map establishing that there are, within Tooele County, nine Toxic Release Inventory (TRI) sites, six Comprehensive Environmental i
Response, Compensation, and Liability (CERC.LA) sites, two National Pollutant Discharge Elimination System (NPDES) sites, and 40 Reso'urce Conservation Recovery Act (RCRA) sites, OGD has met its threshold burden ofidentifying the sources upon which it plans to rely in presenting its environmentaljustice claim.
' The submitted map, prepared by the Environmental Protection Ager cy, whose duty it is to catalogue and regulate such sites, is sufficient to " supply information showing the existence of a genuine dispute," R, and to require the agency to 3
assess the disproportionate socioeconomic impacts of the proposed ISFSI site on minorities and low income populations. Louisiana Enerev Services,1998 WL 191134 at 15 (NRC) (April 3,1998) ("The 'NRC's goal is to identify and adequately weigh, or mitigate, effects on low income and minority communities that become apparent only by considering factors peculiar to those communities").
Second, PFS argues that OGD must identify hazardous waste or other harmful substances located at the North and South Utah Test and Training j
Ranges. However, as the Nuclear Regulatory Conunission recently stated, the i
focus of the environmentaljustice inquiry is disparate socioeconomic impacts on minority and low income populations. E This inquiry includes impacts to human health and safety and to the environment and encompasses such diverse issues as the devsWation ofproperty values and the ease of travel between communities. E At 20. Under this inquiry, the probability of adverse socioeconomic and health impacts from the nearby testing' ranges establishes the i
basis for further investigation - the potential for reasonably foreseeable disparate impacts that may result from the construction and operation of the ISFSI facility.
E ("[A]dverse impacts that fall heavily on minority and impoverished citizens call for particularly close scrutiny").
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l In sum, as previously determined by the Board, in stating Contention 0 and its bases, modifi,ed according to the Order, OGD has met the burden of establishing a sufficient factual basis for a genuine dispute, adequate to warrant further investigation. Therefore, for the reasons stated abo fe, OGD asks the Board to reject PFS's request otherwise and confinn its admission of OOD's Contention O for furtherinquiry.
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i DATED this 1Ith day of May,1998.
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Joro Walker Land and Water Fund of the Rockies 165 South Main, Suite 1 l
Salt Lake City, Utah 84111 l
Telephone: (801) 355-4545, Fax: (801) 579-3324 l
Attomey for OGD 1
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00CKETED i
USHRC
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CERTIFICATE OF SERVICE
% MAY 18 Pl2:04 i
I hereby certify that copies of OHNGO GAUDADEH DEVIA'S OFFiG OF SEr%. M..
EULe.vsm M.D RESPONSE TO APPLICANT'S MOTION FOR RECONSIDERATIONA6JUDICni uN JAFF CONTENTIONS were served on the persons listed below by electronic mail (unless otherwise noted) with ' conforming copies by United States mail first class, this lith day of May,1998:
J Attn: Docketing & Services Branch Dr. Peter S. Lam Secretary of the Commission Administrative Judge US Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail,c ap: Ol6G15 US Nuclear Regulatory Commission 11555 Rockville Pike, One White Washington, DC 20555 Flint North.
E-Mail: psl@nrc. gov Rockville, MD 20852-2738 (originaland two copies)
Sherwin E. Turk, Esq.
Catherine L. Marco, Esq.
G. Paul Bollwerk, III, Chairman Office of the General Counsel Administrative Judge Atomic Safety Mail Stop 15 BIS and Licensing Board US Nuclear Regulatory Commission US Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 E-Mail: set @nrc. gov E-Mail: gpb@nrc. gov E-Mail: cim@nrc. gov Dr. Jerry R. Kline Jay E. Silberg, Esq.
Administrative Judge Emest L. Blake, Jr.
Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge US Nuclear Regulatory Commission 2300 N Street, N. W.,
Washington, DC 20555 Washington, DC 20037-8007 E-Mail:jrk2@nrc. gov E-Mail:
e Jay _Silberg@shawpittman.com 6
,e Clayton J. Parr, Esq.
Danny Quintana, Esq.
Parr, Waddoups, Brown, Gee &
Danny Quintana & Associates, P.C.
Loveless 50 West Broadway, Fourth Floor 185 South State Street, Suite 1300 Salt Lake City, Utah 84101 P. O. Box 11019 E-Mail: quintana @xmission.com j
Salt Lake City, Utah 84147-0019
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E-Mail: karenj@pwlaw.com James M. Cutchin Atomic Safety and Licensing Board John Paul Kennedy, Sr., Esq.
Panel 1385 Yale Avenue US Nuclear Regulatory Commission l
Salt Lake City, Utah 84105 Washington, D.C. 20555-0001 E-Mail: john @kennedys.org E-Mail:jmc3@nrc. gov (electronic copy only)
Denise Chancellor, Esq.
Assistant Attorney General Office of the Commission Appellate Utah Attorney General's Office Adjudication 160 East 300 State,5* Floor Mail Stop: 16-G-15 OWFN P.O. Box 140873 US Nuclear Regulatory Commission Salt Lake City, Utah 84114 Washington, DC 20555
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E-Mail: dchancel@stue.ut.us (United States mail,first class only)
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Joro Walker) l Land and Water Fund of the Rockies Attomey for OGD o
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