ML20216D183
| ML20216D183 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/15/1998 |
| From: | Blake E AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Bollwerk G, Kline J, Lam P Atomic Safety and Licensing Board Panel |
| References | |
| CON-#298-19081 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9805200218 | |
| Download: ML20216D183 (8) | |
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ERNEST L BLAKE, JR., P.C.
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l Administrative Judge G. Paul Bollwerk, Chairman Il O
l Administrative Judge Jerry R. Kline
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Administrative Judge Peter S. Lam
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l Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Private Fuel Storage L.L.C.(Private Fuel Storage Facility),
l Docket No. 72-22, ASLBP No. 97-732-02-ISFSI, Joint Status Report
Dear Chairman Bollwerk and Judges Kline and Lam:
In your Memorandum and Order (Rulings on Standing, Contentions, Rule Waiver Petition, and Procedural / Administrative Matters) of April 22,1998, you requested the parties to file with the Board a joint status report reflecting discussions regarding a proposed schedule for future proceedings in this matter. This request followed up on the parties' desire, expressed at the prehearing conference in January, to be provided an opportunity to try to reach some agreement about future scheduling after the Board's rulings on intervention and admissibility of contentions.
Counsel for the parties discussed a proposed schedule for discovery and the other matters identified in the Board's Memorandum and Order and agreed upon the following status report.
The parties will be prepared to discuss each of these matters in greater detail at the prehearing conference next Tuesday.
Discovery Schedule The parties propose that the Board establish a six-month period for informal discovery as described in the Board's April 22 Memorandum and Order. This six-month period would begin to run upon the Board's ruling on the various motions for reconsideration and clarification that have been filed with respect to the April 22 Order (although the parties could begin discovery before then on admitted contentions for which no request for reconsideration or clarification has been filed). At the end of the six-month period, the parties would again get together and file ajoint status report and further proposed schedule.
I Presumably, that schedule would cover formal discovery, however, additional informal l
discovery, particularly on new information, could be included.
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Administrative Judge G. Paul Bollwerk, Chairman Administrative Judge Jerry R. Kline Administrative Judge Peter S. Lam May 15,1998 Page 2 ilisoositive Motions The parties have identified no prediscovery dispositive motions at this time (although that could change upon the Board's ruling on the motions for reconsideration). The parties do not believe that the Board needs to set a schedule for the filing of dispositive motions, but rather the parties should be able to file dispositive motions whenever particular matters are ripe for such a motion. The parties have agreed to discuss among themselves whether a matter may be ripe for a dispositive motion prior to the filing of any such motions.
Time for Trial of Admitted Contentions The parties believe that it is too early to estimate the time needed to try each of the admitted contentions. Although the parties know that the time for direct testimony will be minimal by virtue of prefiling the direct testimony, it is not possible to estimate the time for cross examination or rebuttal testimony.
Settlement Nenotiat 2nE Applicant and the State are discussing a potential settlement i
with respect to Utah Contemion T and the related Castle Rock contentions which would involve describing in the Environmental Report the permits that the intervenors believe to be necessary together with the Applicant's statement ofits position that some of those permits are not required. The parties do not believe that seeking an opinion orjudgment in some otherjudicial forum relative to whether certain State or other permits are required is presently a viable option.
Nor do the parties believe that a settlementjudge is necessary with respect to this potential settlement.
With respect to segmentation of the SER, on which the Board also requested information, the Staff has not yet decided whether to segment, or not to segment, the SER. The Staff will make that judgment when it is further along in its review. The Staff notes that it transmitted a request for additional information to the Applicant on April 1,1998, concerning SER issues, and is awaiting PFS' response to the RAI. With respect to the EIS, the Staff has initiated its environmental review, and will conduct an EIS scoping meeting on June 2,1998. The Staff does not currently project any change in the estimated SER and EIS completion dates reported in the Staffs status report of October 1,1997 (at 5).
SHAW PITTMAN 3
IUl~I5eTROWBRIDGE l
4,umum, mw=,no,- camno Administrative Judge G. Paul Bollwerk, Chairman Administrative Judge Jerry R. Kline l
Administrative Judge Peter S. Lam May 15,1998 Page 3 Finally, attached to this report for the Board's information is a schedule of the I
Applicant's responses to the NRC Staff s requests for additional information.
Respectfully, lh Ernest L. Blake Counsel for Applicant I
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I Private FuelStorage, uc RO. Box C4010. La Crone. WI %602-4010 John D. Parkyn. Chairman of she Board April 29,1998 Director Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission Washington, D.C. 20555 PRIVATE FUEL STORAGE LLC APPLICATION FOR 10 CFR PART 72 LICENSE DOCLr nb. 72-22 RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION TAC NO. L22462
REFERENCES:
(1) NRC Letter Delligati to Parkyn, dated April 1,1998 Request for AdditionalInformation on License Application We are in receipt of your request for additionalinformation in Reference 1. We have completed a review of the individual information requests and the responses required to address them. Preparation of these responses is currently underway. However, it is our belief that to completely address each of the requests with the appropriate detail, certain project activities will need to be completed. We, therefore, provide the attached schedule of responses which indicates the expected submittal date for the response for each question.
The reference letter requested that Private Fuel Storage commit to fabricate to the recognized national standards which are identified in the Safety Analysis Report, Chapter 3,
" Principal Design Criteria" We agree to this commitment, which will be incorporated in a subsequent revision of the Safety Analysis Report.
If you have any questions regaiding this response, please contact me at (608) 787-1236 or our Project Director, John Donnell, at (303) 741-7009.
Sincerely yours,
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ohn D. Parkyn, Chairman Private Fuel Storage, LLC JDP: cts Attachment cc:
Mr. Mark Delligatti
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Schedule for Resnonne to Reauests for Additionalinformation RAI Reference
. Sclieduled for RAI~ Reference Scheduled for j
(License Application),
pSubnksion; (Safety Analysis Eqort} \\ iSubmission LA 1-1 09-15-98 SAR 2-5 (d) 12-15-98 LA 1-2 09-15-98 SAR 2-6 (a) 05-15-98 LA 1-3 (a) 05-15-98 SAR 2-6 (b) 05-15-98 LA 1-3 (b) 05-15-98 SAR 2-7 12-15-98 LA 1-4 (a) 09-15-98 SAR 2-8 05-15-98 LA 1-4 (b) 09-15-98 SAR 3-1 05-15-98 LA 1-5 (a) 05-15-98 SAR 3-2 05-15-98 LA 1-5 (b) 05-15-98 SAR 3-3 05-15-98 LA 1-6 (a) 06 15-98 SAR 3-4 05-15-98 LA 1-6 (b) 06-15-98 SAR 3-5 12-15-98 LA 1-7 05-15-98 SAR 3-6 05-15-98 LA 1-8 (a) 05-15-98 SAR 3 7 05-15-98 LA 1-8 (b) 05-15-98 SAR 3 8 (a) 05-15-98 LA 9-1 05-15-98 SAR 3-8 (b) 05-15-98 (Safety Analysis Report)
SAR 4-0 12-15-98 SAR11 05-15-98 SAR 4-1 05-15-98 SAR 2-1 (a) 05-15-98 SAR 4-2 (a) 12-15-98 SAR 2-1 (b) 05-15-98 SAR 4-2 (b) 12-15-98 SAR 2-1 (c) 05-15-98 SAR 5-1 05-15-98 SAR 2-2 05-15-98 SAR 5-2 (a) 05-15-98 SAR 2-3 (a) 06-15-98 SAR 5 2 (b) 05-15-98 S AR 2-3 (b) 06-15-98 SAR 6-1 05-15-98 SAR 2-3 (c) 06-15-98 SAR 7-1 (a) 05 15-98 SAR 2-3 (d) 06-15-98 SAR 7-1 (b) 05-15-98 SAR 2-3 (e) 06-15-98 SAR 7-1 (c) 05-15-98 SAR 2-4 06-15-98 SAR 7-2 (a) 05-15-98 SAR 2-5 (a) 12-15-98 SAR 7-2 (b) 05-15-98 SAR 2-5 (b) 12-15-98 SAR 7-3 (a) 05-15-98 SAR 2-5 (c) 12-15-98 1
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I Schedule for Resoonse to Reauests for Additional Information RAI
Reference:
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SchedNed for'.
RA liEfe'rence
'Sch'eduled 'for (Safety Analysis Report)
Submissio'nL
. @nfety:Analysk Report).
Submission SAR 7-3 (b) 05-15-98 SAR 910 (b) 05-15-98 SAR 7-4 05-15-98 SAR 9-10 (c) 05-15-98 SAR 7-5 05-15-98 SAR 9-11 (a) 05-15-98 S AR 8-1 (a) 05-15-98 SAR 9-11 (b) 05-15-98 SAR 8-1 (b) 05-15-98 SAR 9-12 05-15-98 SAR 8-2 05-15-98 SAR 9-13 (s) 05-15-98 SAR 8-3 05-15-98 SAR 9-13 (b) 05-15-98 S AR 8-4 05-15-98 SAR 9-14 06-15-98 SAR 8-5 (a) 05-15-98 SAR 9-15 05-15-98 S AR 8-5 (b) 05-15-98 S AR 10-1 (a) 05-15-98 SAR 8-6 05-15-98 SAR 10-1 (b) 05-15-98 SAR 8-7 05-15-98 SAR 10-2 (a) 05-15-98 S AR 8-8 05 15 98 SAR 10-2 (b) 05-15-98 SAR 8-9 05-15-98 SAR 10-3 (a) 05-15-98 SAR 9-1 05-15-98 SAR 10-3 (b) 05-15-98 S AR 9-2 05-15-98 SAR 10-4 05-15-98 SAR 9-3 (a) 05-15-98 SAR 10-5 (a) 05-15-98 SAR 9-3 (b) 05-15-98 SAR 10-5 (b) 05-15-98 SAR 9-4 (a) 05-15-98 SAR 10-6 05-15-98 SAR 9-4 (b) 05-15-98 SAR 10-7 05-15-98 SAR 9-5 05-15-98 SAR 9-6 05-15-98 S AR 9-7 05-15-98 SAR 9-8 05-15 98 SAR 9-9 05-15 98 l
SAR 9-10 (a) 05-15-98 l
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S A
W UNITED STATES OF AMERICA N
DOCME*TED
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NUCLEAR REGULATORY COMMISSION
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MAY 151998 L
Before the Atomic Safety and Licensine Board
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D In the Matter of
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M.
PRIVATE FUEL STORAGE L.L.C.
)
Docket No. 72-22
)
(Private Fuel Storage Facility)
)
ASLBP No. 97-732-02-ISFSI CERTIFICATE OF SERVICE I hereby certify that copies of the Joint Status Report dated May 15,1998, were served on the persons listed below (unless otherwise noted) by e mail with conforming copies by U.S. mail, first class, postage prepaid, this 15th day of May,1998.
i G. Paul Bollwerk III, Esq., Chairman Dr. Jerry R. Kline i
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 e-mail: GPB@nrc. gov e-mail: JRK2@nrc. gov Dr. Peter S. Lam
- Adjudicatory File Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 l
Washington, D.C. 20555-0001 l
e-mail: PSL@nrc. gov 1
l Catherine L. Marco, Esq.
- Charles J. Haughney l
Sherwin E. Turk, Esq.
Acting Director, Spent Fuel Project Office l
Office of the General Counsel Office of Nuclear Material Safety and Mail Stop O-15 B18 Safeguards U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 e-mail: SET @nrc. gov; CLM@me. gov
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1 Denise Chancellor, Esq.
Joro Walker, Esq.
Assistant Attomey General Land and Water Fund of the Rockies Utah Attomey General's Office 165 South Main, Suite 1 160 East 300 South,5* Floor Salt Lake City, UT 84111 P.O. Box 140873 e-mail: joro61@inconnect.com Salt Lake City, Utah 84114-0873 e-mail: dchancel@ state.UT.US John Paul Kennedy, Sr., Esq.
Danny Quintana, Esq.
Confederated Tribes of the Goshute Skull Valley Band of Goshute Indians Reservation and David Pete Danny Quintana & Associates, P.C.
1385 Yale Avenue 50 West Broadway, Fourth Floor Salt Lake City, Utah 84105 Salt Lake City, Utah 84101 e-mail: john @kennedys.org e-mail: quintana @xmission.com Clayton J. Parr, Esq.
' Office of the Secretary Castle Rock, et al.
U.S. Nuclear Regulatory Commission Parr, Waddoups, Brown, Gee & Loveless Washington, D.C. 20555-0001 l
185 S. State Street, Suite 1360 Attention: Rulemakings and Adjudications P.O. Box 11019 Staff Salt Lake City, Utah 84147-0019 e-mail: SECY@NRC. GOV e-mail: karenj@pwlaw.com (original and two copies) l Diane Curran, Esq.
Richard Wilson Harmon, Curran, Spielberg &
Department of Physics Eisenberg, L.L.P.
Harvard University j
2001 S Street, N.W.
Cambridge, Massachusetts 02138
.w l
Washington, D.C. 20009 e-mail: wilson @huhepl. harvard.edu l
e-mail: DCurran.HCSE@zzapp.org
' Martin S. Kaufman, Esq.
Senior Vice President / General Counsel Atlantic Legal Foundation 205 E. 42nd Street l
New York, New York 10017 e mail: mskaufman@ yahoo.com
- By U.S. mail only nOILd t
Paul A. Gaukier